PLANNING COMMISSION MINUTES OF MEETING
Wednesday, August 13, 2008
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 7:05 p.m. by Chair Lee Duncan.

MEMBERS PRESENT
Lee Duncan, Chair
Jason Nichols
Steven Markham
Jim Palmer
Tamilyn Fillmore
Jim Pedersen

MEMBERS ABSENT
Rebecca Wayment

STAFF PRESENT
Cory Snyder, Community Development Director
Brandon Toponce, Assistant Planner
Lisa Romney, City Attorney
Kathy Streadbeck, Recording Secretary  

OPENING COMMENT/LEGISLATIVE PRAYER  Chair Duncan

VISITORS
Stuart Craig
Doug Robinson
Mike Davey
Gary Gowers
Rick Bangerter

PUBLIC COMMENT  - CONCEPTUAL SITE PLAN & CONDITIONAL USE PERMIT – LDS CHURCH MEETINGHOUSE, 2250 NORTH MAIN – Consideration of a conceptual site plan and conditional use permit for a new LDS Church Meetinghouse to be located at approximately 2250 North Main Street in the R-L Zone. Mike Davey, Butler Harris Davey Architects, applicant.

Commissioner Pedersen and Commissioner Markham recused themselves from this matter because they are employed by the applicant. They stepped down and sat in the audience.

Cory Snyder, Community Development Director, said the applicant seeks a conceptual site plan approval for a new meeting house and a conditional use permit approval for the same as required for a “church” in the Residential-Low (R-L) Zone. Mr. Snyder said there are still a few issues to be addressed. He said the Zoning Code requires that an entire property be developed at one time, unless a phasing plan is approved. The hillside east of the proposed building is proposed to remain vacant. A plan for the development of this portion of the lot needs to be submitted by the applicant. The applicant is aware of this requirement and may choose to speak to this matter tonight. Staff is concerned that this area of the lot could become isolated from further development (currently no access available) or could become a nuisance if not landscaped and maintained appropriately. Any plan (development or landscape) by the applicant regarding this portion of the lot will need to be submitted prior to final site plan approval.

Mr. Snyder said the site requires a significant amount of cuts and fills to rebalance the site. There has been some initial work done in this regard (rough grading as allowed by the Building Official). After visiting the site, the City Engineer is concerned that the cuts that have already been made are too great and may be problematic with the Hillside Overlay Zone requirements. The applicant will be required to keep cuts and fills within Zoning Code limits (i.e., 10 feet in height for cuts and fills, and 8 feet in height for retaining walls). If the developer exceeds the limitations the site will need to be restored to the proper limits and a site grading plan will need to be amended to reflect that activity.  

Mr. Snyder said the conceptual site plan appropriately addresses access, parking, landscaping, and screening, but the applicant still needs to provide required tabulations to verify compliance. He said the lighting will also need to be shielded away from surrounding residential properties. Overall, staff recommends approval of the conceptual site plan and conditional use permit with conditions as listed in the staff report dated August 13, 2008.

Mike Davey, applicant, said they are currently working on a plan for the east portion of the lot. He said the LDS Church is meeting with some potential developers. The current intent of the LDS Church is to sell this portion of the lot after construction is complete. A plan for this portion of the lot will be submitted with the final site plan application. He also said they plan to install lighting shields as stated.  

Commissioner Nichols asked if there are any studies or history regarding the effect a meetinghouse has on surrounding property values. Mr. Davey said he has not read any studies, but has heard that it raises property values. Mr. Snyder said the table of uses allows a “church” as a conditional use in the R-L Zone, because it is not considered a detriment.

Rick Bangerter, applicant, said this meetinghouse will be shared by both Farmington and Centerville residents. He said the LDS Church looked at utilizing the eastern portion of the property for a bowery or pavilion, but the grade is too great. The LDS Church has no intention of leaving this portion of the property as it is. It will be developed or landscaped and maintained.

Chair Duncan opened the public hearing. Seeing no one wishing to comment, he closed the public hearing.

Commissioner Fillmore made a motion for the Planning Commission to accept the conceptual site plan for the LDS Church Meetinghouse, located at 2250 North Main Street, with the following conditions and findings:

Conditions:

1. The applicant must submit a final site plan in accordance with Section 12-21-100 for review and approval by the Planning Commission.
2. The final site plan must substantially reflect the layout and placement of buildings, parking lot, accesses, and landscaping shown on the submitted conceptual site plan.
3. All necessary utilities must be provided and new easements needed to deliver such services must be provided as part of a final site plan approval.
4. All cuts and fills must be limited to a maximum of ten (10) feet see Section 12-330-2(C)(6). Due to slope issues the grading plan needs to account for this limitation.
5. Any retaining walls used to stabilize the slope have a maximum limit of eight (8) feet see Section 12-330-2(C)(7).
6. A tabulation matrix must be provided to review if the actual percentages for on-site landscaping, parking lot landscaping, and required trees and shrub plantings have been satisfied.
7. The dumpster area and out buildings need to be properly screened and the details of the methods used must be provided.
8. The final site plan must provide the assembly area seating amount, which is required to determine if the provided stalls are sufficient.
9. A lighting plan shall be submitted addressing the issues identified in the July 30, 2008 staff report. All lighting fixtures used for building and parking lot shall be shielded to direct lighting in a downward direction.
10. Section 12-21-110(f) requires that the entire site be developed at one time, unless a phasing development plan is approved. The developer will need to determine their preferred option and adjust the plans accordingly. Example options have been provided in the July 30, 2008 staff report.
11. The final site plan submittal shall be subject to satisfying the conditions of an approved conditional use permit.
12. Any unpaid professional fees associated with the project must be paid.

Reason for Action (Findings):

1. The conceptual site plan, with the issues to be addressed, generally reflects an appropriate design and layout for the proposed church site lot see Section 12-21-110(d)(5).
The motion was seconded by Chair Duncan and passed by unanimous roll-call vote (4-0).

Chair Duncan made a motion for the Planning Commission to approve a conditional use permit for the LDS Church Meetinghouse, located at 2250 North Main Street, with the following conditions and findings:
Conditions:

1. The conditional use permit is limited to the approval of a “church” use, to include the layout and associated accessory uses, as depicted on and subject to a final site plan approval.
2. A lighting plan shall be submitted and reviewed as part of the final site plan approval. All lighting fixtures used for building and parking lot shall be shielded to direct lighting in a downward direction and away from any residential use on an adjacent property.

Reasons for Action (Findings):

1. A church use is reflective of the desire for residential type development for this neighborhood, as identified in the City’s General Plan.
2. The use is appropriate upon approval of a conditional use permit and final site plan design that complies with the provisions of the Zoning Ordinance.
3. From review of the factors for considering a conditional use approval as outlined in the staff report, there are no other additional issues or concerns that need to be addressed with the proposed project.

The motion was seconded by Commissioner Nichols and passed by unanimous roll-call vote (4-0).

Commissioner Pedersen and Commissioner Markham rejoined the meeting.

PUBLIC COMMENT  - CONDITIONAL USE PERMIT – TRINITY HIGHWAY PRODUCTS (SYRO STEEL) – 950 WEST 400 SOUTH (Tabled from 07-30-08) – Consideration of a conditional use permit for Trinity Highway Products (Syro Steel) to build a ventilation stack and storage building located at 950 West 400 South in the I-VH Zone. Stuart Craig, Trinity Highway Products, applicant.

Cory Snyder, Community Development Director, said the applicant has submitted some additional information (Air Dispersion Modeling Report) regarding the exhaust stack as requested by staff and the Planning Commission. Mr. Snyder reviewed the reported information with the Planning Commission and said it appears the information is appropriate and the exhaust stack will reduce emission concentrations. In addition to the exhaust stack, staff recommends a filtration system be installed (as mentioned by the applicant at a previous meeting) to further mitigate the dispersal of elements into the air. Staff also recommends the applicant be required to comply with any applicable State and/or Federal air quality regulations.

Commissioner Nichols asked if there is a time frame in which the filtration system needs to be installed. Mr. Snyder said the conditional use permit requires the project to be commenced within six (6) months of the approval and completed within two (2) years. If the filtration system is tied to the conditional use permit (proposed as a condition) then it too would have to be completed within this time frame.

Commissioner Markham said at a previous meeting it was mentioned that Trinity Highway Products was grandfathered or exempt from the EPA regulations or standards. Staff is now recommending Trinity Highway Products comply with the State and/or Federal air quality regulations. Commissioner Markham said it appears the exhaust stack will greatly improve the situation and asked how this change will compare with the States standards.

Mr. Snyder said staff contacted the Division of Air Quality regarding the grandfather and/or exempt status of Trinity Highway Products. The Division of Air Quality’s response was that they do not provide that information. This is why staff recommends the applicant be required, as part of the conditional use permit, to comply with State and/or Federal air quality regulations. If the Division of Air Quality takes a position in the future, then the City can use the conditional use permit to ensure compliance.

Commissioner Fillmore asked if the Planning Commission could state a preference on the height of the exhaust stack. She said, aesthetically, she would prefer a 2-foot stack.

Lisa Romney, City Attorney, said the Planning Commission can only add conditions to a conditional use permit that mitigate a known or proven negative impact. To add a condition regarding the stack height, there needs to be sufficient evidence in the record regarding the negative impact of a higher stack. 

Mr. Snyder said there is only a slight difference in the emission dispersion between the 2-foot stack and the 10-foot stack. Staff could not find any reason to require the higher stack; therefore, staff allowed the applicant to decide how much they would like to invest in the exhaust stack. Mr. Snyder also said exhaust stacks are exempt from height restrictions as are elevators, flag poles, and chimneys. It seems the assumption of the Ordinance is that these items do not create a visual impact. He said the proposed exhaust stack is in the Industrial-Very High (I-VH) Zone, is in the interior of the site and is neighbored by 125-foot power poles to the west. He said he could not find a substantiated visual impact argument.

Commissioner Palmer said Trinity Highway Products is making a significant effort to be a better neighbor by dispersing their emissions. He said the 10-foot stack is an extra cost to the applicant, but they seem to be trying to do their best for the community. He said he is accepting of the 10-foot stack as proposed by the applicant.

Stuart Craig, applicant, said the filtration system is already in place, they are just waiting for actual filters to be delivered. He said the current emissions are exhausted only twenty (20) feet above the ground. The proposed 10-foot stack on top of the storage building will make a significant difference.

Commissioner Nichols asked how often the filters are changed. Mr. Craig said the filters will be cleaned periodically.

Chair Duncan opened the public hearing. Seeing no one wishing to comment, he closed the public hearing.

Commissioner Palmer made a motion for the Planning Commission to approve the Trinity Highway Products conditional use permit with the following conditions and findings:

Conditions:

1. This conditional use permit approval shall be limited to the use of an accessory storage shed and an exhaust stack, as depicted and submitted to the City in the June 25, 2008 application (2 feet to 10 feet above building roof).
2. The use of the exhaust stack shall comply with any applicable State or Federal air quality regulation that is or may become applicable in operating the Trinity facility.
3. The filtration system mentioned by the applicant at the June 30, 2008 Planning Commission meeting shall be installed, operated, and maintained in conjunction with the exhaust stack.
4. The storage shed shall be constructed in compliance with the exterior standard of Section 12-35-080(e).

Reasons for Action (Findings):

a. After review of the application and the Planning Staff Report, the Planning Commission finds that the application satisfies and/or complies with the provisions of Section 12-21-100(e) for approval of a conditional use permit amendment.
b. Section 12-21-100(e)(3)(A) and 12-21-100(e)(5)(C) allow the decision-making entity to evaluate and require appropriate mitigation measures to protect person and property from being impacted by the proposed modifications.

The motion was seconded by Commissioner Pedersen.

Commissioner Nichols said he would like to make sure the filtration system is properly maintained. 

Commissioner Nichols made a motion to amend the motion to change condition #3 to read as follows:

3. The filtration system mentioned by the applicant at the June 30, 2008 Planning Commission meeting shall be installed, operated, and maintained in good working order in conjunction with the exhaust stack to be completed prior to final building permit.

The motion to amend was seconded by Commissioner Markham and passed by unanimous roll-call vote (6-0). The original motion, as amended, passed by unanimous roll-call vote (6-0).

FINAL SITE PLAN - FIREHOUSE CARWASH #12 – 475 NORTH 800 WEST - Consideration of a final plan for Firehouse Carwash #12 to be located at 475 North Frontage Road (800 West) in the C-VH Zone. Gary Gowers, Beecher Walker & Associates, applicant.

Brandon Toponce, Assistant Planner, reported there has been some modification made to the site since the conceptual site plan acceptance. He reviewed the new site plan pointing out the changes in building placement for both the carwash and the lube center, parking, landscaping, and circulation. The site plan still meets the necessary percentage requirements for parking and landscaping. Mr. Toponce reviewed the conceptual site plan conditions of approval explaining how the applicant has or has not complied as listed in the staff report dated August 13, 2008. He also distributed a revised proposal for action for final site plan approval, explaining each of the proposed conditions. Overall, staff recommends approval of the final site plan with the conditions as discussed.

Gary Gowers, applicant, displayed the proposed building elevations stating that the building will be mostly masonry (split face cmu and brick). He said this is a “firehouse” carwash and a “firehouse” red is being proposed. This bright red is fundamental to the project and he asked the Planning Commission to please consider allowing the bright red color. He said the bright red is proposed to be used on the canopies, signage, and the gooseneck lighting fixtures. Mr. Gowers said screening of the rooftop equipment is required and asked if this means from the sites parking lot, from an adjacent lot, from the Parrish Lane overpass, and/or from I-15. He said he has no problem screening the rooftop equipment, but would like a little more information. He will work with staff on this issue. He said the dumpster will be screened with a three-sided masonry wall and an iron gate painted to match the color of the building. He also said he is working on the title report and easements, as requested by the City Engineer.

Mr. Gowers said the site will be heavily landscaped. He said he is concerned with the required berming. He said some berming can be provided, but there are some areas that are too narrow and a berm would look more like a wall. He said they will continue to work with staff regarding the issue.

Mr. Toponce said berming is required as part of the Parrish Lane Design Guidelines. Berms should be undulating and a minimum of two (2) feet high and fifteen15-feet wide. He said there are some grassy areas around this site that could accommodate a berm.

Cory Snyder, Community Development Director, said the Parrish Lane Design Guidelines assume there is a 30-foot area for berming; twenty (20) feet behind the property line and ten (10) feet of public right of way. In reality, the 10-foot public right-of-way does not exist, thus creating a problem with the Code. Mr. Snyder said that in the streetscape section of the Code, there is a clause that states if the 30-foot area is not available then the Planning Commission may approve a modification to the streetscape standards. He said other developments along Parrish Lane have installed berming where possible. He said there will be berming around the Iggy’s Sports Grill (island parcel), but there is no berming along some portions of the Marketplace Drive because it is too narrow. Staff believes there are some areas that could accommodate berming on the proposed Firehouse Carwash #12 site and asks the applicant do so, where possible, in order to meet the intent of the streetscape standards.

Chair Duncan said the Planning Commission has requested muted colors in the past, but only along Parrish Lane. He said the proposed Firehouse Carwash #12 is off of Parrish Lane and next to McDonald’s (yellow) and Phillips 66 (red), both of which have bright colors. He said he is not too concerned with the bright red for this carwash. Commissioner Pedersen agreed.

Mr. Toponce said this site is still located within the Parrish Lane Gateway boundaries. Commissioner Fillmore said it is possible that McDonald’s and/or Phillips 66 will redevelop their sites in the future, and at that point they would be required to follow the Parrish Lane Design Guidelines.
 
Mr. Snyder said City Ordinance requires the Planning Commission to look at a story board and decide if the proposed materials and colors are harmonious and compatible with surrounding developments in that area. He said this is a new project which is part of the Parrish Lane Design Guideline area. He said McDonald’s is an old facility and he is aware that they are planning to remodel or relocate in the future. Phillips 66 could possibly do the same or could decide to change from their corporate colors. He said just because something is existing it does not mean it is acceptable. He cautioned the Planning Commission to take into consideration other surrounding developments and their spatial relationship to the proposed carwash. He said there is a new development in the area (Iggy’s), a proposed performing arts center, and marble (MTC building). The Planning Commission needs to decide if the proposed building and colors are compatible.
 
Chair Duncan said he is comfortable dropping the proposed Condition #8 (muted colors). He said he believes the proposed colors are harmonious and compatible with surrounding uses because there is not a substantial amount of the bright red being used. It is only proposed for the small narrow canopies and lighting. Commissioner Fillmore agreed the red is not substantial.

Chair Duncan made a motion for the Planning Commission to approve the final site plan for the Firehouse Carwash #12 to be located at 475 North 800 West with the following conditions and findings:

Conditions:

1. All professional service fees shall be paid and all associated bonding shall be posted.
2. A title report shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit.
3. All easements shall be accepted by Centerville City and the exact location of the water line easement on the north property line shall be verified and approved by City staff prior to the issuance of a building permit.
4. To final grade along the north property line shall be verified and approve by City staff prior to the issuance of a building permit.
5. A sign permit application, meeting all applicable standards of Chapter 12-54, shall be submitted to the City for review and approval for all signage to be placed on the property.
6. The modified landscaping plan, including the berm, shall be reviewed and approved by City staff prior to the issuance of the building permit.
7. The color of the dumpster enclosure gate shall be specified at the time of building permit submittal.
8. A note on the site plan shall indicate that all roof-mounted equipment will be screened from view on the carwash and lube center. This site plan shall be submitted at the time of building permit submittal.
9. Replacement of the curb, gutter, sidewalk, and handicap accessible ramps shall be completed as part of the building permit process.
10. Full construction drawings shall be submitted to the City and reviewed by all applicable City staff and the Fire Marshal before a building permit may be issued.

Reasons for Action (Findings):

a. A final site plan was submitted in accordance with Section 12-21-110(e) of the Zoning Ordinance.
b. Other than the lube center being separated from the main building the final site plan conformed to the accepted conceptual site plan Section 12-21-110(f).
c. The development standards for a development within a commercial development have been satisfied Chapter 12-34, Chapter 12-51, Chapter 12-52.
d. With the landscaping berm in place the project will meet the requirements for the Parrish Lane Gateway Design Standards Chapter 12-63.
e. An adequate title report and property survey have been requested by the City Engineer for review and approval Section 12-21-100(e)(2)(C)(i)(d), Section 12-21-100(e)(2)(H).
f. The Planning Commission finds that the proposed red color is compatible with surrounding uses at the location of the proposed Firehouse Carwash #12. In addition, the use of red is limited to accents and decorative elements and is not a substantial component of the building.
 
The motion was seconded by Commissioner Nichols and passed by roll-call vote (5-1). Commissioner Markham opposed.

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

a. Next regularly scheduled Planning Commission meeting will be held on August 27, 2008 at 7:00 p.m.
b. Upcoming Agenda
 * Granite square subdivision
 * Cultural Arts Rezone
 * Code Amendments
 * In-Fill Development

MISCELLANEOUS

Commissioner Fillmore said she would like to discuss the areas surrounding the proposed Performing Arts Center, with regard to use. She said she would like to look at anchoring this facility and guiding surrounding development appropriately. She asked if this request could be passed onto the Mayor and possibly added to a future agenda. Chair Duncan agreed.  Mr. Snyder said he would pass this information along.

The meeting was adjourned at 8:46 p.m.