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Planning
1999 Minutes & Agendas: Minutes - March 24, 1999



CENTERVILLE CITY PLANNING COMMISSION MINUTES OF MEETING

Wednesday, March 24, 1999

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 Ron Craven, Chairman.

MEMBERS PRESENT:

Ron Craven, Chairman
Robert Chamberlain
Brian Hulse
Bruce Powell
Grant Talbot
Paula Tew

MEMBERS ABSENT:

Steven Earley

STAFF PRESENT:

Paul Allred, Community Development Director
Connie Larson, Recording Secretary

VISITORS:

Elayna Gillespie, Chris Gillespie, Paula Tanabe, Grant Beutler, Robert Holmes, K. Karsten Hansen, Neal Iund, Todd Iund

INVOCATION: Ron Craven

APPROVAL OF MEETING MINUTES:

Chairman Craven made a motion to approve the minutes of the February 10, 1999 Planning Commission meeting as amended. Brian Hulse seconded the motion. The voting was unanimous (5-0). Robert Chamberlain abstained from voting as he was not present at the February 10, 1999 meeting.

Brian Hulse made a motion to approve the minutes of the February 24, 1999 Planning Commission meeting as amended. Paula Tew seconded the motion. The voting was unanimous (5-0). Chairman Craven abstained from voting as he was not present at the February 24, 1999 meeting.

Chairman Craven made a motion to approve the minutes of the March 10, 1999 Planning Commission meeting as amended. Robert Chamberlain seconded the motion. The voting was unanimous (4-0). Paula Tew and Bruce Powell abstained from voting as they were not present at the March 10, 1999 meeting.

Chairman Craven made a motion to move to item number two first on the agenda, the Public Hearing Rezone of .59 acres from C-1 to R-1-10. Brian Hulse seconded the motion. The voting was unanimous (6-0).

PUBLIC HEARING (COURTESY) - REZONE - .59 ACRES FROM C-1 (COMMERCIAL) TO R-1-10 (SINGLE FAMILY RESIDENTIAL) - LOCATED APPROXIMATELY 100 EAST 300 SOUTH - CHRIS GILLESPIE, LUCRETIA ARBON TRUST, APPLICANTS.

The Planning Commission toured the area in question prior to the Planning Commission meeting this evening.

Mr. Allred stated that staff recommends approval of the request to rezone the land from C-1 to R-1-10 and forward this item to the City Council for consideration based upon the following findings:

1. The rezone request is in harmony with the aims of the General Plan for this area.

2. The current use of the land is not reflected by the existing zoning and the proposed zoning would be more indicative of a proper zone for this site.

3. Zoning the land R-1-10 may assist in discontinuing a seeming on-going expansion of a nonconforming use (O’Brien Glass).

4. The rezone of the land appears to be in the public interest.

5. The change appears to be reasonably necessary.

Staff was approached by Chris Gillespie and by the Lucretia B. Arbon Trust, who owns the property to the west, about applying for the rezoning. On Main Street, the C-1 Zone generally goes back 150 feet on both sides of the street with a few exceptions. It has been many years since the zoning lines were set. The residents are asking that the property in question be taken out of the commercial zone, in part, so that O’Brien Glass cannot expand. Staff has met with O’Brien Glass and put them on notice in writing and verbally that they are not to expand since they are a nonconforming use in the C-1 Zone. Staff has encouraged O’Brien Glass to relocate to the Business Park area. Mr. Allred stated that he met with Lois O’Brien this past week and reminded her of these issues. Mrs. O’Brien said she is aware of the rezone request and she stated she is not in opposition to the land being rezoned. Mrs. O’Brien also said their business is not planning to expand at the present location.

Chairman Craven opened the public hearing. There were no comments from the public and the public hearing was closed.

Chairman Craven made a motion to recommend approval of the request to rezone the land located at 100 East and 300 South from C-1 to R-1-10 based on the following findings:

1. The rezone request is in harmony with the General Plan.

2. The proposed zoning would be more indicative of the proper zone for this site.

3. The land being zoned R-1-10 may assist in discontinuing an on-going expansion of a nonconforming use.

4. The rezone is in the public interest.

5. The change is reasonable and necessary for the reasons stated above.

Brian Hulse seconded the motion. The voting was unanimous (6-0).

Brian Hulse asked if O’Brien Glass is operating on a conditional use permit. Mr. Allred replied that O’Brien Glass is a nonconforming use in the C-1 Zone and they cannot obtain a conditional use permit. Mr. Hulse said that O’Brien Glass should not be operating at 5:00 a.m. Mr. Allred suggested that the neighbors express their feelings on this situation.

Elayna Gillespie, 74 East 300 South, Centerville

Ms. Gillespie stated that one morning this past week, one of the O’Brien employees was spinning his tires in the parking lot at 6:00 a.m. There have been several problems with the garbage truck emptying the trash container, which contains broken glass, between 4:00 a.m. and 5:00 a.m. every Tuesday and Thursday. Ms. Gillespie has found dead rats in her yard and the neighbors in the vicinity have also found dead rats in their yards. Ms. Gillespie’s mother has asked O’Brien Glass to remove a tree that is growing through the fence onto the Gillespie property which has not been done. During the summer there are problems with employees sitting in their cars with the stereos blaring. There are several abandoned vehicles on the property that need to be removed.

Chairman Craven said that the Planning Commission will direct staff to write a letter to Mr. O’Brien stating the items that have been mentioned in this meeting and ask for Mr. O’Brien’s cooperation in eliminating these problems. A copy of the letter will be sent to Elayna Gillespie and Kerry Hansen.

Paula Tew expressed concern about the rats. Mr. Allred said that he will contact the Davis County Health Department regarding the rats.

Kerry Hansen, 55 East 300 South, Centerville

Mr. Hansen said he has a copy of the City Ordinance which directs how properties are to be taken care of. Mr. Hansen said there is an abandon truck that has been on the property for two and a-half years. There is broken glass everywhere and there are semi trucks arriving at the business at 4:00 a.m.

Chris Gillespie, 92 East 300 South, Centerville

Ms. Gillespie said she works for the Police Department and she claims that O’Brien Glass has been cited several times because of the noise early in the morning. During the winter, the semi’s leave their engines running all night to keep warm and in the summer to keep cool.

Chairman Craven made a motion to discuss item number three as the applicant is present. Brian Hulse seconded the motion. The voting was unanimous (6-0).

SUBDIVISION - FINAL PLAT - CHASE LANE MEADOWS PHASE 4 - LOCATED AT APPROXIMATELY 425 WEST 1050 NORTH - R-1-85 ZONE - APPLICANTS ROBERT HOLMES AND VON HILL.

Robert Chamberlain abstained from discussion of this item.

Mr. Allred explained that staff is recommending approval of the final plat for the Chase Lane Meadows Phase 4. This plat will include the two lots on the corner from the Adam’s property. There will be no basements allowed on the plat above the existing natural grade of the land. Since the proposed Legacy Retirement Inn project is not completed, there will not be all of the planned street improvements on Chase Lane at this time. Mr. Holmes, who is the developer, is working with staff to make certain that the proper drainage from plat 30 and plat 4 will continue down from the wetlands area. There will be no subdrains allowed around the homes and there is a three-foot spread between floors. There is a box culvert that continues down to the proposed Legacy Retirement Inn which should be continued when the retirement home is constructed.

Bruce Powell asked if the City has decided what to do about the Tingey cabin. Mr. Allred replied that the research done on the cabin indicates it is not of vintage age. Mr. Powell feels it should still be preserved in some way. Mr. Holmes has volunteered to give the cabin to the City. Mr. Allred will inform the Historic Sites Committee that the cabin is available at no cost to the City.

Chairman Craven made a motion to recommend approval of the Final Plat for Chase Lane Meadows Phase 4. Bruce Powell seconded the motion. The voting was unanimous (5-0). Robert Chamberlain abstained from voting.

PUBLIC HEARING - AMENDMENT TO PLANNING AND ZONING ORDINANCE - SECTION 12-320-12, OPEN SPACE ZONE - CONSIDER DRAFT ORDNANCE FOR PUBLIC HEARING AND RECOMMENDATION TO CITY COUNCIL.

Mr. Allred explained that for several years staff has suggested that Centerville City take the City properties that are recreation green space and zone them Open Space (OS). Several years ago the City Council did not originally express interest in this issue but now they are anxious to have the City properties zoned OS. The OS Zone clarifies the use of land and seeks to protect adjoining property owners from OS uses and visa versa. The intent and purpose of the OS Zone is to try to create accurate zoning of properties that are currently being used for parks and other similar uses. Mr. Allred will meet with the Assistant City Attorney to give her the Planning Commission’s comment regarding the ordinance. There will be a public hearing to discuss the adoption of the OS Zone on April 20, 1999. It is not the intent of the City Council to take private property and remove property rights. The primary use of the OS Zone is for City property and perhaps for large parcels of land in the foothills and on wetland areas.

The Planning Commission reviewed the Open Space Ordinance, Section 12-320-12.

Brian Hulse expressed concern that each one of the uses is conditional. Mr. Allred said that it is proposed all conditional use permits must have a site plan review and receive approval from the Planning Commission.

Chairman Craven said the OS Zone Ordinance needs to have verbiage added that would protect a developer and land owners. Mr. Allred said the City Attorney, during recent land use training, made it clear that almost all economic value of a property must be diminished before the courts will rule that a taking has occurred. The OS Zone will protect land from uses that are inappropriate.

Chairman Craven opened the public hearing for comments. There were no public comments and the public hearing was closed.

Brian Hulse discussed private land uses that would possibly not want or need public access and street or public improvement requirements. Item number five of the OS Zone will be clarified. Chairman Craven commented that the OS Zone gives the Planning Commission more latitude in some zoning matters but there needs to be more defined definitions. Mr. Hulse asked how the OS ordinance would work with the hillside overlay. Mr. Allred responded he feels it would dovetail very well. The Hillside Overlay Ordinance would continue to regulate as it currently is adopted. The OS Zone would simply be another underlying zone such as R-1-10.

Bruce Powell made a motion to recommend to the City Council the adoption of the Open Space Zone as written or as amended by staff with Planning Commission direction. Additional recommendations from staff will be accepted if it is in compliance with the discussion of this meeting. Staff will review changes and a new draft with Chairman Craven before forwarding to the City Council. Paula Tew seconded the motion. The voting was unanimous (6-0).

DIRECTOR’S REPORT

A. At the April 14, 1999 Planning Commission meeting it is anticipated the following items will be discussed: the Deseret Academy; Ford Canyon for preliminary plat approval; Payless Shoe Store for final site plan; Conceptual site plan for Carl’s Jr., Rite Aid, and Staples.

B. There will be a continuation of the public hearing for the Bonneville Shoreline Trail on April 14, 1999. There will be a meeting on June 4, 1999 with all of the counties and cities who will be affected by the Bonneville Shoreline Trail to begin a formal organization of an agency to plan the trail. Nextel will be asking the Planning Commission and City Council to consider a request to amend the Telecommunications Ordinance to add an additional 15 feet to their tower.

C. There has been discussion among the City Council about their role versus the Planning Commission’s role on reviewing land use matters. Chairman Craven feels the Planning and Zoning Commission should handle land use matters. Bruce Powell said he is in favor of the City Council reviewing these issues if they feel they need to. Chairman Craven said the Planning Commission should be apprised of amended plats.

The meeting was adjourned at 8:20 p.m.

 

Ron Craven, Chairman

Connie Larson, Recording Secretary



 
 
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