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Planning
2002 Minutes & Agendas: Minutes - August 28, 2002



CENTERVILLE CITY PLANNING COMMISSION
MINUTES OF MEETING
Wednesday, August 28, 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
Steven Bateman
Brian Hulse
Diana Moesinger
Paula Tew
Scott Vaterlaus, arrived at 7:09 p.m.

STAFF PRESENT:

Blaine Lutz, Finance Director/Asst. City Manager
Paul Allred, Community Development Director
Lisa Romney, Assistant City Attorney
Connie Larson, Recording Secretary

VISITORS:

John Owens, Eric Storey, Rob Burrup, Steve Blackham, Brad Hasty, Ann Fadel, Terese Castleton, Jan Rushforth, Brian Beck, Bill Duncan, Cheryl Duncan, Maureen Huffaker, Marci Beck, Phil Sessions, Don Atkinson, Sherlene Clark, Don Clark, Carl Anderson, Ann Allred, Renee Turner (Clipper), Jake Fairclough, Stacy Steed, Scott Balling

PRAYER: Chairman Bruce Powell

MINUTES REVIEW AND APPROVAL

Paula Tew made a motion to approve the August 14, 2002 Planning Commission meeting minutes as amended. Diana Moesinger seconded the motion, which was passed by unanimous vote (4-0). Brian Hulse and Steven Bateman abstained from voting as they were not present at the meeting.

BEST BUY AUTO

Chairman Powell reported that the owner of Best Buy Auto spoke with him today regarding clarification of his conditional use permit and the concerns of the City. The owner recently received a complaint on the unloading of vehicles on a Sunday between the hours of 6:00 a.m. - 9:00 p.m. The owner’s concern was if the unloading on Sunday is in violation of his conditional use permit. Paul Allred reported that 6:00 a.m. is not an approved time, as the unloading of vehicles must be during normal business hours. Mr. Allred also reported that Sunday unloading is not addressed in the conditional use permit, as there are no Sunday sales allowed for Best Buy Auto. Lisa Romney said that when complaints are received on conditional use permits, they should be referred to staff so that the zoning administrator can interpret it.

COMMUNITY DEVELOPMENT DIRECTOR

Chairman Powell said that he has served for three terms as a Planning Commissioner and he expressed frustration at the City Council on their termination of Paul Allred, Community Development Director. Chairman Powell expressed appreciation to Mr. Allred for his professionalism, knowledge, service, and dedication to the City and for the untold hours he has given to Centerville. He also said there is a small group of people who may not agree with this statement and as a result of their actions, the City Council has been swayed or deceived into taking the action they did.

Chairman Powell made a motion, as a Planning Commission, to extend their gratitude and untold thanks for a job well done for Mr. Allred’s service. Paula Tew seconded the motion, which was passed by unanimous vote (7-0).

Chairman Powell asked Renee Turner, The Clipper, to report that the Planning Commission voted unanimously in extending gratitude and thanks to Mr. Allred for his service.

PUBLIC HEARING - ZONING MAP AMENDMENT (REZONE) - PROPOSED REZONING OF .30 ACRES OF LAND FROM C-2 (RETAIL COMMERCIAL) TO R-3 (MULTI-FAMILY) LOCATED AT APPROXIMATELY 975 SOUTH 300 EAST. ANGIE BALLING PROPERTY OWNER AND SCOTT BALLING, APPLICANT.

Paul Allred displayed an overhead transparency of the property that is just north of Pages Lane next to Balling Engineering. The applicant would like to rezone the property from C-2 to R-3 in order to construct town homes. A single-family home is perhaps not logical since the nearest single-family home is about 400 feet away and the property is next to existing multiple-family housing. The lot is too small for a viable commercial development.

Scott Balling, applicant, said he would like to do a commercial project on the property, but the market is soft for this type of development. The development he is proposing would be under ten units per acre.

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 recommend approving the rezone of the parcel from C-2 to R-3 with the findings as recommended by staff and recognize that there is another piece of R-3 property next to the property in question.

Findings:

1. The site is not good for C-2 Zoning, since it is too small to be commercially viable.

2. There is existing R-3 Zoning contiguous to the property.

3. The higher density zoning at this location is logical and sensible.

4. The property owner, who also owns the building next door, would likely be a responsible developer.

5. The property owner indicates the site has not been attractive for office use and that he would prefer residential use on the land.

Brian Hulse seconded the motion, which was passed by unanimous vote (7-0).

Scott Balling said he has worked with Mr. Allred for several years and concurred with the feelings of the Planning Commission. He also said even though they have differed on issues at times, he appreciated Mr. Allred’s help over the years.

Mr. Allred stated that there was a question prior to this meeting, specifically if there was proper notice given. The property was posted as directed by the City Council and notice was sent that arrived at the post office in time to be delivered 14 days before the meeting. Scott Balling sent notices beyond 300 feet, which is the minimum requirement. Lisa Romney, Assistant City Attorney, stated that appropriate notice was given on all of the public hearings this evening.

PUBLIC HEARING - CONDITIONAL USE PERMIT AND AMENDED SITE PLAN - ZIONS BANK IS PROPOSING BANKING AND FINANCIAL SERVICES WITH DRIVE-UP FACILITIES LOCATED AT 440 WEST PARRISH LANE IN THE (RETAIL COMMERCIAL) ZONE. JAKE FAIRCLOUGH, REPRESENTATIVE FOR ZIONS BANK.

CONDITIONAL USE PERMIT

Paul Allred said the proposed property is the vacant State Farm Building located at 400 West and Parrish Lane. Zions Bank is interested in operating a new bank with a drive-up facility, which is a conditional use. Parking will be shifted to accommodate the traffic flow, which will still meet the parking requirements.

Mr. Allred displayed an overhead transparency of the property.

Staff recommended approval of the conditional use permit on the following conditions:

1. The site in question already has a drive-thru capability.

2. The circulation on the site is designed to handle drive-thru traffic.

3. The site and use should prove to be in harmony with the provisions of Section 12-350-2(3)(A-E), Conditional Use.

Chairman Powell asked if there are concerns with the driveway on Parrish Lane and its close proximity to the driveway of the Centerville Corporate Park. Mr. Allred replied there are no concerns because it is an existing driveway and it is a right-in/right-out only driveway onto Parrish Lane and there is an existing raised median.

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

Chairman Powell asked about the building that will be abandoned by Zions Bank on Pages Lane. Eric Storey, Zions Bank, said the building was built by Bank of Utah and is owned by the Winegar family. Zions took over a land lease and have been operating as a tenant. Mr. Storey said the lease will not be renewed and it is not known what the Winegar family will do with the building.

Paula Tew made a motion to approve the conditional use permit to allow a drive-thru facility for Zions Bank, finding that the circulation on the site is designed to handle such a facility. Also, that it is desirable and necessary in keeping with safety, noninjurious to the public, and in keeping with the General Plan. Brian Hulse seconded the motion, which was approved by unanimous vote (7-0).

AMENDED SITE PLAN

Paul Allred said some of the landscaping will be removed and placed at other sites on the property that will be over the minimum requirement. Parking will actually be increased by eight stalls.

Staff recommended approval of the site plan based upon the following conditions:

1. The site will still have more than the minimum amount of landscaping as required by Code.

2. The change to the architecture of the building is appropriate and will constitute an upgrade over what is there now.

3. There are no major changes planned to the site except modifying the building to accommodate the new drive-thru lanes and to install a new wrap around lane. Both are acceptable to staff and there appears to be no conflict with the Code.

4. The total number of parking stalls will increase over what is on site now.

John Owens, Zions Bank, said the dumpster will be moved to the northwest corner of the site. He also said that landscaping will be at 35 percent and parking will be at 76 percent. Mr. Owens displayed an architectural drawing of the proposed changes to the building.

Mr. Allred asked if split weber granite or cultured stone will be used on the exterior of the building. Mr. Fairclough replied the exterior will be cultured stone with stucco trim.

Chairman Powell opened the public hearing for comments.

Chairman Powell commented the project is very appealing and noted the Planning Commission prefers the use of the cultured stone.

Steven Bateman asked if Zions Bank will occupy the entire building. Mr. Owen’s replied Zions Bank is planning to use 900 square feet and lease the other space for other uses that are compatible with a bank.

Chairman Powell closed the public hearing for comments.

Brian Hulse asked if the conditional use permit will be specifically limited for bank use and the drive-thru. Mr. Allred replied the conditional use permit is for banking services with a drive-thru. Diana Moesinger asked where the ATM machine will be located. Mr. Owens replied the ATM machine will be located on the far west drive-thru lane.

Ken Averett expressed concern regarding the left turn lane on 400 West across from Dairy Queen and next to the Centerville Corporate Business Park. Scott Vaterlaus replied it could be a problem but it should be self regulating when to make a left turn.

Chairman Powell made a motion to approve the amended site plan with the following findings:

1. The site will still have more than the minimum amount of landscaping as required by Code.

2. The change to the architecture of the building is appropriate and will constitute an upgrade over what is there now.

3. There are no major changes planned to the site except modifying the building to accommodate the new drive-thru lanes and to install a new wrap around lane. Both are acceptable to staff and there appears to be no conflict with the Code.

4. The total number of parking stalls will increase over what is on site now.

Steven Bateman seconded the motion.

Paula Tew amended the motion to note that the Planning Commission accepts the cultured stone and the stacked slate as presented to the Planning Commission. Ken Averett seconded the amended motion, which was passed by unanimous vote (7-0).

Mr. Owens thanked Mr. Allred for his help in having this project completed in a timely manner.

PUBLIC HEARING - CONDITIONAL USE PERMIT AND CONCEPTUAL SITE PLAN - QUESTAR GAS IS PROPOSING TO RELOCATE A NATURAL GAS REGULATOR STATION FROM 1300 WEST PARRISH LANE TO APPROXIMATELY 1350 WEST 725 NORTH IN THE B-P ZONE. UDOT, PROPERTY OWNER AND ROB BURRUP, REPRESENTATIVE.

CONDITIONAL USE PERMIT

Paul Allred explained a Questar regulation station needs to be removed from Parrish Lane to make way for the Legacy Highway. It is proposed that the regulation station be relocated behind the Biotron building on a small parcel of land that UDOT wants to trade with Questar. The building will be 10 ft. x 10 ft. of rock aggregate where the gas is pumped and the pressure is reduced.

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

1. Use may be used only for the proposed use; gas pumping station relocated from Parrish Lane per requirement from UDOT.

2. Site may not be expanded/modified without additional consideration from the Planning Commission.

Rob Burrup, representative for Questar, stated the building will be located out of the public eye.

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

Diana Moesinger asked about an access road to the building. Mr. Allred explained there will be a driveway leading to the building for maintenance and storage.

Chairman Powell made a motion to approve the conditional use permit based on the conditions recommended by staff and per the findings from Section 12-350-3. The conditions are:

1. Use may be used only for the proposed use; gas pumping station relocated from Parrish Lane per requirement from UDOT.

2. Site may not be expanded/modified without additional consideration from the Planning Commission.

Paula Tew seconded the motion, which was passed by unanimous vote (7-0).

CONCEPTUAL AND FINAL SITE PLAN

Paul Allred explained there is no frontage on the site and the applicant is proposing to use Idaho Locust trees and xeriscaping around the building. Mr. Allred displayed an overhead transparency of the property.

Mr. Allred explained the applicant is proposing to provide a walkway to the Legacy Parkway Trail system along side the Legacy Highway that will run behind the Public Works Building. However, UDOT has not specifically said they approve of this location for a trail head, as there are other planned locations for access to the trail in Centerville. Staff recommends that Questar not be required to construct the walkway at this time, but that they be required to construct it at a future date when the City has worked out access location details with UDOT.

Staff recommended approval of the conceptual site plan based on the following conditions:

1. Deed or dedicate a portion of the site to the City along the south line of the property for construction of a pathway that will connect to the Legacy Parkway Trail.

2. Allow the use of xeriscaping along the west and south borders of the property.

3. Allow the plan as proposed with no frontage on a public street.

Diana Moesinger asked about paving the driveway leading to the building. Mr. Burrup said he is proposing a driveway that will have four to six inches of treated gravel for drainage purposes. Pavement is not being proposed as it is impervious and generates heat. It is anticipated there will be maintenance conducted at the building twice a month.

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

Brian Hulse made a motion to approve the conceptual and final site plan based on the following conditions:

1. That the applicant either deed or dedicate a portion of the site to the City along the south line of the property for construction of a pathway that will connect to the Legacy Parkway Trail as shown. In exchange for the land being deeded, the City will construct the pathway.

2. Allow the use of xeriscaping along the west and south (along south only if property referred in Item 1 is not deeded or dedicated to the City) borders of the property, provided the applicant provides an adequate drip system for the trees that will be planted.

3. Allow the plan as proposed with no frontage on a public street pursuant to the exception provisions allowed in not only in 12-340-11, but also under the provisions of the B-P Zone.

4. No landscaping will be required on the street frontage itself, except for the area that the City will landscape in connection with the pathway. (See items 1 and 2.)

5. No requirement for paving on the site for environmental reasons and to reduce heat. It is more appropriate to have gravel on this site because of the location and nature of this site and its use.

6. The applicant will be required to keep the weeds down on the gravel.

Steven Bateman seconded the motion, which was passed by unanimous vote (7-0).

Rob Burrup expressed gratitude and thanks to Paul Allred in working on this project. He also stated that Mr. Allred has been excellent to work with under extreme deadlines. Rob said that he has worked with Mr. Allred on numerous occasions and he has taken time to assist him in order to get to this point.

Chairman Powell stated that it is a great tribute to Paul Allred’s dedication that he is at this meeting and is knowledgeable on each of the subjects. He also said Mr. Allred is willing to share that knowledge, and it is frustrating that people who have no knowledge control the City.

PUBLIC HEARING - CONDITIONAL USE PERMIT AND PRELIMINARY FINAL SITE PLAN - PROPOSED BAMBERGER STATION SUBDIVISION (CONDOMINIUMS) LOCATED AT APPROXIMATELY 200 SOUTH MAIN STREET IN THE R-2 ZONE. SHERLENE CLARK, APPLICANT AND DON ATKINSON, AGENT FOR APPLICANT.

Paul Allred explained the reason for the public hearing is that in the past, this development has been listed as a PUD. The applicants indicated in early July that they wanted the project to go to condominiums and, therefore, the notice was resent as a public hearing for a condominium project. The applicant is not proposing any changes to the density, architecture, landscaping, or any aspect of the design from the original concept plan. Mr. Allred displayed an overhead transparency of the preliminary plat.

Mr. Allred said there are 35 homes being proposed and they are clustered around shared driveways. They will be twin homes with the exception of 3 lots that are unattached with common open space at 48 percent. The applicant is proposing a perimeter fence that is white vinyl with slats and lattice work on the top. There will be 12 foot decorative street lights that will be placed on the streets and matching small decorative lights that will be placed on the exterior of the buildings. Mr. Atkinson, agent for the applicant, displayed a drawing of where the light posts will be located.

Staff recommended approval of a conditional use permit for a condominium project on this property based on the following conditions:

1. Density of no more than 7.8 units per acre (net) or 35 total dwellings.

2. The project must provide at least four parking stalls per unit, not including on-street parking.

3. Landscaping must be at least 47 percent as required by the City Council conceptual approval. Planting shall be done to shade windows and maximize energy.

4. Roads in the project must be public.

5. The project may or may not be built with basements.

6. The architectural design of the units shall be as proposed in the official submittal by the applicant as shown in the meeting. Garages must be recessed, porches emphasized, and sides and rear of buildings be architecturally attractive, including the use of shutters, brick wainscoting, and decorative vents on side elevations.

7. Setbacks shall be no closer than 15 feet from any side of a unit to the street. Homes that face a street shall be no closer than 20 feet. Rear yards from units to property lines shall be no closer than 15 feet. Side of buildings to property lines shall be generally nine feet, except for Lots 16 and 17 which shall be allowed at five feet. Other spacing of buildings shall be at least eight feet from building to building, or as otherwise shown on the approved conditional use site plan.

8. The project shall be subject to a condominium declaration agreement to be filed with the State of Utah.

9. The project shall be approved only as per State law regarding condominium development and ownership pursuant to Utah Code Section 57-8-1 and all subsequent provisions under number eight.

10. Fencing shall not be allowed in the project except on the perimeter. Such fencing shall not exceed six feet in height and shall be of a design that is approved by the City. Decorative white vinyl is the approved style.

11. Lighting on the homes shall be uniform and shall match the style of the streetlights. Lights on the homes may or may not be on a photocell/timer or be individually operated. The streetlights shall be no more than 12 feet tall and shall be appropriately spaced and maintained. Such lighting shall be warm white high-pressure sodium of low intensity, so as to not negatively impact homes in the project or on abutting properties.

12. Shutters must be placed on side elevations.

13. Monument signs to be built according to the Sign Ordinance and in accordance with applicable conditions.

14. No accessory buildings or sheds to be placed on the site.

15. No boat or recreational vehicle storage in connection with this project.

Mr. Atkinson displayed a drawing of where the light posts and fencing will be placed. He also displayed an overhead transparency of the architectural drawing of the condos, and of the proposed location for the windows and shutters.

Chairman Powell opened the public hearing for comments.

Maureen Huffaker, 577 North 100 East

Mrs. Huffaker asked about the drainage facilities on the property owned by Pizza Perfect, Huffakers, and Dr. Samuelson. Mr. Atkinson displayed a drawing of the PUE that will abut the Huffaker property. Mrs. Huffaker asked if there will be guest parking as there is no parking allowed on the street during the winter. Brian Hulse replied that extra parking is a problem as the required amount of open space takes away the space for additional parking. Mr. Allred said it is possible that off-street parking during the evening can be arranged with abutting commercial businesses.

Mrs. Huffaker expressed appreciation in working with Mr. Allred and his professionalism. She asked if there will be an appeal process on Mr. Allred’s termination. Chairman Powell replied he did not know if there would be an appeal process.

Chairman Powell stated that anyone who would like to express their feelings concerning Mr. Allred’s termination can do so at the City Council meeting on Tuesday, September 3, 2002 at 7:00 p.m. during the open session. Individuals wishing to comment must call Marsha Morrow at City Hall to get on the schedule.

Carl Anderson, Cedar Springs, #D7

Mr. Anderson asked how far the fence line will go on the Cedar Springs roadway. Mr. Atkinson said the fence will be on the on the property line next to the curb.

Phil Sessions, 70 East 200 South

Mr. Sessions suggested making one zone conditional use. He asked if there will be a right turn only off the highway. He asked why a public street would be placed there when there will not be any traffic. Mr. Sessions believes it should be a private road. Brian Hulse replied the Planning Commission wanted the road to be private, but the City Council changed it to a public road. Mr. Sessions stated he attended a City Council meeting where they denied changing it to a public road, and that they have not made a decision on the street. Paul Allred said a joint City Council/Planning Commission meeting was held in July to discuss this issue. UDOT has written a letter to the City saying the street will be limited to a right-in/right-out only. If the Council and Planning Commission had known of UDOT’s intentions, they might have not made it a public road. Mr. Allred also said there are plans to construct 135 homes on the Porter/Walton property that will require a street from 400 West to Main Street. Mr. Sessions against residential developments that border commercial developments.

Jim Rushforth, 110 West Walton Lane

Mr. Rushforth said he is concerned about the amount of traffic that will be on Walton Lane if there is the right turn only, as there are already problems since the duplexes have been built. He asked if the road goes through to 400 West, will that eliminate the right turn onto Main Street? Paul Allred replied that a "porkchop" will be installed in the opening of the new road that regulate turn movements. Mr. Allred said UDOT might also install a barrier in the middle lane on Main Street. UDOT has rejected the traffic study produced by the applicant. UDOT has offered some assistance in studying the traffic impacts this project will have on the Walton Lane area. They may look at options for traffic movement, including making Walton Lane a one-way street.

Chairman Powell closed the public hearing for comment.

Brian Hulse made a motion to approve the conditional use permit for the Bamberger Station Subdivision (condominiums) based on the following conditions:

1. Density of no more than 7.8 units per acre (net) or 35 total dwellings.

2. The project must provide at least four parking stalls per unit, not including allowable on-street parking.

3. Landscaping must be at least 47 percent as required by the City Council conceptual approval. Planting shall be done to shade windows and maximize energy.

4. Roads in the project must be public.

5. The project may or may not be built with basements.

6. The architectural design of the units shall be as proposed in the official submittal by the applicant as shown in this meeting. Garages must be recessed, porches emphasized, and sides and rear of buildings be architecturally attractive, including the use of shutters on side elevations, brick wainscoting, and decorative vents.

7. Setbacks shall be no closer than 15 feet from any side of a unit to the street, except for a 12-foot setback shall be allowed on unit 21. Homes that face a street shall be no closer than 20 feet. Rear yards from units to property lines shall be no closer than 15 feet. Side of buildings to property lines shall be generally nine feet, except for Lots 16 and 17, which shall be allowed at five feet. These setbacks will be allowed in exchange for the increased open space that is being required, and that they are conducive to the feel that is trying to be obtained on this project in slowing traffic and providing a better street scape. Other spacing of buildings shall be at least eight feet from building to building, or as otherwise shown on the approved conditional use site plan.

8. The project shall be subject to a condominium declaration providing among other things, a maintenance and open space operating agreement to be recorded on the property with the Davis County Recorder’s Office.

9. The project shall be approved only as per State law regarding condominium development and ownership pursuant to Utah Code Section 57-8-1 and all subsequent provisions under number eight.

10. The leasing restrictions per the condominium documents that have been submitted to the City at this time are sufficient, and that the leasing restrictions not be amended without approval from the Planning Commission.

11. Fencing shall not be allowed in the project except on the perimeter. Such fencing shall not exceed six feet in height and shall be of a design that is approved by the City. Decorative white vinyl is the approved style.

12. Lighting on the homes shall be uniform and shall match the style of the streetlights. Lights on the homes may or may not be on a photocell/timer or be individually operated. The streetlights shall be no more than 12 feet tall and shall be appropriately spaced and maintained. Such lighting shall be warm white high-pressure sodium of low intensity, so as to not negatively impact homes in the project or on abutting properties.

13. Shutters must be placed on side elevations.

14. Monument signs to be built according to the Sign Ordinance, and must be approximately the same design showed at the meeting.

15. No accessory buildings or sheds to be placed on the site.

16. No boat or recreational vehicle storage in connection with this project.

Findings:

1. These conditions and this conditional use are in compliance with the General Plan, and this use is acceptable for the zone and the area in which it is located.

2. There is not a concern with public safety with the conditional use (condominiums) or that the use will be harmful to persons or property in the vicinity.

3. That the use conforms to City ordinances and is necessary and desirable (Section 12-350-2(3)(A-D)).

Paula Tew seconded the motion, which was passed by unanimous vote (7-0).

PRELIMINARY PLAT

Paul Allred recommended approval of the preliminary plat but tabling the approval if there are any concerns. If the preliminary plat is tabled, the following conditions must be met by the developer:

1. That a definitive answer be given from UDOT and the City Traffic Engineer on the best options for the location of the road, especially as it relates to any additional traffic study that may be required by UDOT to study traffic flow from the west.

2. How the right-in/right-out only will impact Walton Lane and 160 West.

3. City Engineer approve the drainage plan, including the examination of adequate drainage capacity for the Huffaker, Knighton, and Samuelson properties.

4. If the developer wishes to have basements on the units, it must be decided now.

Staff recommends consideration of a six to eight-foot wide parking strip on the north side of the road. (Mr. Atkinson displayed two options of the proposed street).

Paula Tew made a motion to approve the preliminary plat with the following conditions:

1. Any and all changes to details of the plat must be reviewed and approved by staff. Such items may include:

a. Lowest floor elevations for possible basements.

b. Exact design of the street cross section, which the Planning Commission is willing to consider on either A, B or C shown on the plat, which were submitted by the applicant and to be determined and brought back at final plat.

c. The Planning Commission is intent on creating a wider park strip and a wider sidewalk on at least one side of the street, preferable the north side, and a possible reduction of asphalt in the roadway, but not more than two feet.

2. Drainage capacity and drainage agreements with abutting property owners to be determined by the City Engineer.

3. A detailed recommendation be obtained from staff on the impacts of the right-in/right-out turn movements on Main Street and on 160 West and Walton Lane, as they relate to a traffic study that is required by UDOT for a final determination.

Steven Bateman seconded the motion, which was passed by unanimous vote (7-0).

Mr. Atkinson and Mrs. Clark stated they have enjoyed working with Paul Allred, even though there have been disagreements, and appreciated his professionalism and he has been very productive to work with.

SUBDIVISION - FINAL PLAT - DUNCAN HILL SUBDIVISION LOCATED AT APPROXIMATELY 500 NORTH 400 EAST IN THE R-1-85 ZONE. WILLIAM AND STEVE DUNCAN, PROPERTY OWNERS AND DALE ANDERSON, AGENT.

Paul Allred displayed an overhead transparency of the subdivision and stated that there are four items that the applicant must comply with before approval can be given. They are:

1. Pay final plat fee.

2. Submit updated title report and have staff check for accuracy.

3. Obtain safety condition letter from Dave Adamson, Davis County Public Works.

4. Have staff approve a boulder removal plan.

Diana Moesinger stated that before she was considered to be on the Planning Commission, she had spoken with Dale Anderson about the possibility of purchasing a lot at the Duncan Hill Subdivision. No money has changed hands and Mr. Anderson told Diana Moesinger that he would put her name on a list for when the subdivision was approved. Diana Moesinger declared a conflict of interest and excused herself from the discussion and voting on this item.

Brian Hulse made a motion to approve the final plat based on the following conditions:

1. Pay final plat fee.

2. Submit updated title report and have staff check for accuracy.

3. Obtain safety condition letter from Dave Adamson, Davis County Public Works.

4. Have staff approve a boulder removal plan.

Chairman Powell seconded the motion, which was passed by unanimous vote (6-0). Chairman Powell told the applicant he may not proceed to the City Council for approval until the above four items are completed and approved by staff.

DISCUSSION - CODE AMENDMENT - BRIAN BECK SUBMITTAL FOR CONSIDERATION OF ARGUMENTS TO AMEND CITY ORDINANCES AS THEY PERTAIN TO THE BRIAN BECK SUBMITTAL FOR CONSIDERATION OF ARGUMENTS TO AMEND CITY ORDINANCES AS THEY PERTAIN TO THE REGULATION OF ANIMALS IN RESIDENTIAL ZONES.

Paul Allred suggested there might be a justification for a change to the ordinance regarding the way the City regulates farm animals, due to a recent series of conversations with Brian Beck. Kem Weaver had started a dialog with Mr. Beck on this issue, but Mr. Weaver has since left his job with Centerville.

Brian Beck displayed an overhead transparency listing his concerns. Mr. Beck explained he has a band of chickens that he keeps in his yard at 1597 North Lewis & Clark Drive on one-third acre. The rear of his property backs the Frontage Road, which is where the chickens are kept. Three years ago his son was struggling in school and Mr. Beck purchased the chickens to help his interest in science. This past May, Mr. Beck was told by Kem Weaver that his property had been reported as a nuisance. Mr. Beck’s property is 25 feet from A-1 Zoned property. Mr. Beck circulated a petition to his neighbors and they are fine with him having the chicken coop. His property is zoned R-2 and from what Mr. Beck has been able to determine, the ordinance does not address pets in this zone. Mr. Beck said there are five other homes in his neighborhood that have ducks, pigeons, geese, pheasants, chickens, and rabbits. Mr. Beck stated he feels there is a need to address the issue of zoning for farm animals in the R-2 and A-1 Zone in Centerville.

Chairman Powell asked if there is a current ordinance of this kind. Paul Allred responded that farm animals of any type are not allowed in single-family zones, but perhaps on a larger lot there could be a few chickens and it would not be considered an agricultural use but more of a pet.

Brian Hulse proposed a recommendation to consider this issue over the next few months. He also stated it is ironic that the same people who don’t want to lose the rural nature of Centerville, are the same ones who can’t stand the rural nature of Centerville.

Mr. Beck said the developer walked away from taking care of the flood retention swale behind his home. He also said he mowed the grass and fertilized it at his own expense. Mr. Beck also stated that Paul Allred worked on this swale problem with little support from the City Council, and now he has been given a letter of termination.

Chairman Powell made a motion that the City not pursue any kind of enforcement on Mr. Beck’s chickens until the ordinance issue on farm animals is more fully addressed. Diana Moesinger seconded the motion, which was passed by unanimous vote (7-0).

At 10:10 p.m., Chairman Powell made a motion to adjourn the meeting. Paula Tew seconded the motion, which was passed by unanimous vote (7-0).

 

Bruce Powell, Chairman
Connie Larson, Recording Secretary



 
 
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