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Planning
2002 Minutes & Agendas: Minutes - September 11, 2002



PLANNING COMMISSION MINUTES OF MEETING
Wednesday, September 11, 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 7:10 p.m. by Chairman Bruce Powell.

MEMBERS PRESENT

Ken Averett
Steven Bateman, arrived at 7:20 p.m.
Brian Hulse
Bruce Powell, Chairman
Scott Vaterlaus

MEMBERS ABSENT

Diana Moesinger

STAFF PRESENT

Paul Allred, Community Development Director
Blaine Lutz, Finance Director/Assistant City Manager
Kathleen Streadbeck, Recording Secretary

VISITORS

Renee Turner, Clipper, Shandell Smoot, Dawn Hole, Shaunna Burbidge

INVOCATION Scott Vaterlaus

Chairman Powell clarified that he did not resign on September 3, 2002 at the City Council meeting, but that he will resign at the next City Council meeting on September 17, 2002 if the Council votes to confirm their previous action of terminating Paul Allred, Community Development Director. He stated that he has presented the City Council and Mayor with a letter of resignation contingent upon the finalization of their previous action. He explained that attached to that letter are some suggestions given by Ken Jones, business owner and resident of the city, which he feels should be implemented. These suggestions included the following:

1. Pass an ordinance giving the City Manager full authority over all City personnel matters, including those relating to department heads, with major action being subject to City Council approval.

2. Set up a standing committee to review the Planning and Zoning Ordinances including: the City Planner, the Planning Commission Chair, a member of the City Council, the Parks and Recreation Committee Chairman, a representative of the school district, a representative of the city’s business community and one resident from each quadrant of the city.

3. All complaints about any City employee, including department heads, should be directed to the City Manager to investigate and take corrective action.

Chairman Powell said that he feels these suggestions are appropriate and would benefit the City Council and the city of Centerville in the future. He said that he would reconsider resigning if the City Council overturns their previous action. He said that he has been blessed to work with the Planning Commission and has never worked with any person on the Planning Commission who wasn’t honorable and motivated by interest for the community.

COMMISSION BUSINESS

Chairman Powell made a motion to delay consideration of the minutes from the Planning Commission meeting held August 28, 2002. Brian Hulse seconded the motion, which passed by unanimous vote (4-0).

SUBDIVISION - PRELIMINARY PLAT - FORD CANYON ESTATES, PHASE 3 -Consideration of preliminary plat for Phase 3, eight lots total - approximately 1500 North 100 East - R-1-10 Zone - Smoot Development, developer and Balling Engineering, engineer.

Paul Allred, Community Development Director reported that staff recommends approval of the preliminary plat subject to the following conditions being resolved before or during final plat approval:

1.Submittal to the City showing approval by Weber Basin Water of an acceptable secondary water plan to service the project.

2. Approval by Davis County Public Works of various work items listed in their letters to applicants in 1999 and 2002 regarding such issues as culverts, storm drainage, utilities, impact of the road crossing on the creek, etc.

3. Note restrictions on the final plat for Lot 305 to have either an elevation certificate required for the lot or that the lot not be allowed to build within 100 feet of the 100 year flood plain as shown on the plat. Also that an additional note be placed on the plat that shows that any home on Lot 305 must have flood proofing required for the home for any side(s) that might be impacted by the flood plain area.

4. A plat note for Lots 305 - 308 requiring security bond for slope rehabilitation to be provided at the time building permits are issued and that all such work should be completed within 12 months of occupancy.

5. Note on the final plat that restricts the south boundary of Lot 308 as a "no build" area due to an easement and utilities in that area of the lot.

6. Submittal by Balling Engineering to the City Engineer of a soil loss calculation sheet.

7. Agreement by Davis County to accept Parcel A as a non-buildable area with public right to use it for a blanket easement for utilities, fill material, storm drainage, pedestrian trail, etc.

8. Agreement between the City and applicant on storm drain credits for the installation of the culvert.

9. Agreement between the City and the Ford Family on either the dedication of land in the Ricks Creek channel for a permanent pedestrian access/trail or for an easement across their land for the same purpose.

10. Subdivision is subject to all restrictions and provisions of the Hillside Overlay Zone.

11. Other items as required by the City Engineer/staff.

Mr. Allred explained that this phase involves the crossing of Ricks Creek to extend a road and utilities to the Pitt property to the north. The slopes in this phase are much steeper than in the first plat, but the grading plan appears to be acceptable and within tolerances allowed in the ordinance. Lots 305 - 308 will need some slope rehabilitation after the homes are built. The retention of useful and healthy trees is strongly recommended as it helps retain soil and adds value to the lots. Geology should not be a problem, but grading and filling are extensive and the road grade will be almost the maximum allowable. The City would like to have a walking path on the south side of the creek that will extend to the foothills from Smoot Park. The Planning Commission should take time to explore the possible future dedication of the pedestrian path/trail along the creek with the developer and owner, as this could prove to be a bone of contention as future phases are considered.

Brian Hulse said that he is concerned with the follow up of these issues. He asked Mr. Allred if staff is familiar enough with this application and process to complete those pertinent items once he (Mr. Allred) is no longer a City employee. Mr. Allred stated that Fred Campbell and Randy Randall are more than capable of completing these tasks.

Brian Hulse asked if there are specific rehabilitation requirements or if the Planning Commission should give guidance in this regard. Mr. Allred stated that the ordinance does not give specific materials or requirements for slope rehabilitation. He said that these lots are restricted to no more than 40% impervious surface as stated in the Hillside Overlay Zone. He explained that Fred Campbell will check to ensure each lot has been properly rehabilitated before any bonds are released. He said that bonds, for the purpose of re-vegetation, have worked well for the City in the past, but that it would be appropriate for the Planning Commission to make specific requirements if they feel it necessary.

Shandell Smoot, Developer, explained that the culvert will be built as required by Davis County. He said that all parties (Pitt and Ford families) have come to an understanding regarding the road extension, which will be completed with this phase. He explained that they intend to retain as many trees as possible, since it would be to their benefit, i.e., increased property value. He said that they would prefer to clear the building pads for all lots prior to construction. This helps reduce the breakage of curb and gutter and the wear and tear of the road.

Chairman Powell said that normally he would have no reservations with such a project, but given the recent action of the City Council and the subsequent resignations, he is concerned that if this subdivision is not completed correctly than it will set a precedence for future phases. He hopes that those sitting on the Planning Commission in the future will look closely at this plat and how it was developed.

Scott Vaterlaus asked how the trail will be incorporated and used. Mr. Smoot said that in the Parks and Recreation Master Plan there is a proposed trail from Smoot Park along Ricks Creek east through Ford Canyon. Parking for this trail would be at Smoot Park. He said that he is currently working with the Ford Family to facilitate an easement for this trail throughout the development phases. Mr. Allred said that it would be advisable for the Planning Commission to state whether they would recommend to the City Council the trail be received as a dedication or if it should be included in the plat with an easement to the City.

Brian Hulse said that he feels the City Council needs to be aware of the risks involved with the dedication of this new road that crosses the creek. He explained that the City would be responsible for repairing any damage, and he feels anything related to expenditures should be approved by the City Council. He is also concerned with the slope of Lots 306 - 308. Although, he feels that these lots are in compliance, he is hesitant to grant approval, because he is not sure if this is the direction the City Council wants to go.

Paul Allred explained that the concept plan was approved a few years ago, and therefore, the City Council should be aware of the potential risks. He said that this plan, although at the limit of what is allowed, does comply with all ordinances. He feels that Fred Campbell and Randy Randall can present all the issues of this plan to the City Council for final approval.

Mr. Allred suggested the Planning Commission consider a plat note that defers the review of the re-vegetation plan to the City Engineer and the City’s Disaster Coordinator. He explained that the retention of trees should not create a defensible space around the home and should not be retained to the point where they are a hazard to the City or to the property.

Steven Bateman declared a possible conflict of interest. He said he is in a position to purchase one of the lots in this subdivision and recused himself from the vote.

Brian Hulse made a motion to approve the preliminary plat subject to the following conditions:

1. Submittal to the City showing approval by Weber Basin Water of an acceptable secondary water plan to service the project.

2. Obtain approval from Davis County Public Works on various work items listed in their letters to applicants in 1999 and 2002 regarding such issues as culverts, storm drainage, utilities, impact of the road crossing on the creek, etc.

3. Note restrictions on the final plat for Lot 305 to have either an elevation certificate required for the lot or that the lot not be allowed to build within 100 feet of the 100 year flood plain as shown on the plat. Also that an additional note be placed on the plat that shows that any home on Lot 305 must have flood proofing required for the home for any side(s) that might be impacted by the flood plain area.

4. A plat note for Lots 305 - 308 requiring security bond for slope rehabilitation to be provided at the time building permits are issued and that all such work should be completed within 12 months of occupancy.

5. Note on the final plat that restricts the south boundary of Lot 308 as a "no build" area due to an easement and utilities in that area of the lot.

6. Submittal by Balling Engineering to the City Engineer of a soil loss calculation sheet.

7. Agreement by Davis County to accept Parcel A as a non-buildable area with public right to use it for a blanket easement for utilities, fill material, storm drainage, pedestrian trail, etc. The Planning Commission has no ability to make any statement for the City Council with respect to the non-buildable area and the public road.

8. Agreement between the City and the applicant on storm drain credits for the installation of the culvert.

9. Agreement between the City and the Ford Family on either the dedication of land in the Ricks Creek channel for a permanent pedestrian access/trail or for an easement across their land for the same purpose.

10. Plat note stating that this subdivision is subject to all restrictions and provisions of the Hillside Overlay Zone, as well as any other applicable City and County ordinances.

11. The developer must retain as many existing healthy, useful trees, as possible, for soil retention, solar orientation, and defenseable space in accordance with a landscaping retention plan to be approved by City staff.

12. It is the intent of the Planning Commission in future phases to have the property going down into the creek bed dedicated to the City as open space for the purpose of a trail.

13. Other items as required by the City Engineer/staff.

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

Shandell Smoot publically commended Mr. Allred for his work. He commended Mr. Allred’s integrity, stating that Mr. Allred has always protected the City’s interests. Mr. Smoot said that Mr. Allred has always respected developers, facilitated their work and been honest in all their dealings.

DIRECTORS REPORT

a. Next Planning Commission meeting will be held on Wednesday, September 25, 2002 at 7:00 p.m.

b. Potential Upcoming Agenda Items

  • Terry Tate - amended plat
  • Bamberger Condominium Project - final plat
  • Dave Tolman - rezone
  • Chase Lane & Frontage Road - rezone
  • North of Target - possible restaurant

c. Upcoming Training

  • Utah APA Conference - October

Steven Bateman asked the meaning of Councilwoman Smith's comment in the August 29, 2002 City Council minutes stating that the Planning Commission is capable to help with planning issues during the interim period. He feels this statement is dismissive of what the Planning Commission does. Chairman Powell said that this only shows ignorance for the process.

Chairman Powell asked who would be dealing with planning issues during this interim period. Blaine Lutz said that he would be working with the Planning Commission, along with Fred Campbell and Randy Randall. He explained that a temporary planner from the County will be brought in to assist, as well.

Brian Hulse said that he feels a temporary planner will only exacerbate the problem. This would be another 90 day period of institutional knowledge that would suddenly go away. He feels if Mr. Allred, who has 10 years experience in this community, is not allowed to pass information on to the next planner, it will be to the detriment of the community.

Chairman Powell said that he served on the Planning Commission under a part-time planner prior to Mr. Allred’s employment. He explained that he was not well prepared, did not know the ordinances, and was not able to give adequate detailed staff recommendations. He said that some of the ordinances that cause problems were instituted during that time and because of an inability or inadequacy of the staff to respond to the needs of Centerville, the city is still feeling the effects today. He feels that Mr. Allred’s knowledge needs to be used as much as possible. Mr. Lutz said that this is a temporary solution and that every effort to keep the planning department running smoothly, until a new planner is hired, will be taken.

Brian Hulse said that the lack of understanding for what the Planning Commission does and the lack of understanding of what the City Council did when they took this action is crystal clear by what is going to happen and by the condition they are putting the community in. He said that there is nothing the City can do that does not include Mr. Allred in the process, that will be acceptable to him or satisfactory to the city.

Steven Bateman asked if the Planning Commission, by statute, has to exist. Mr. Allred said that to his knowledge cities in the third class in the State of Utah have to have a Planning Commission.

Paul Allred said that working for the City has been a wonderful experience and a great education. He has never met better people than the Planning Commission members he has been honored to work with. He said that he appreciated their loyalty, but hopes that they will give their full support to the City Council, the Mayor and whomever takes his position. He expressed appreciation to the Planning Commission and to the community as a whole.

The Planning Commission stood and thanked Mr. Allred for his service.

The meeting was adjourned at 8:45 p.m.

 

Bruce Powell, Chairman
Kathleen Streadbeck, Recording Secretary

 

 



 
 
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