PLANNING COMMISSION MINUTES OF MEETING
Wednesday, July 30, 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 7:00 p.m. by Vice Chair Jim Palmer.
MEMBERS PRESENT
Lee Duncan, Chair, arrived at 7:12 p.m.
Jason S. Nichols
Steve Markham
Jim Palmer
Jim Pedersen
MEMBERS ABSENT
Tamilyn Fillmore
Rebecca Wayment
STAFF PRESENT
Cory Snyder, Community Development Director
Brandon Toponce, Assistant Planner
Lisa Romney, City Attorney
Connie Larson, Recording Secretary
VISITORS
Stuart Craig Mike Davey Doug Robinson Jared White
Nate Lechtenberg Rick Bangerter Spencer Wright T. Naylor
Brandon Farnsworth Nathan Christensen
OPENING COMMENT/LEGISLATIVE PRAYER Commissioner Markham
MINUTES REVIEW AND APPROVAL
The minutes of the Planning Commission meeting held June 25, 2008 were reviewed. Commissioner Palmer made a motion to approve the minutes as written. The motion was seconded by Commissioner Nichols and passed by unanimous vote (4-0).
PUBLIC HEARING – CONDITIONAL USE PERMIT – TRINITY HIGHWAY PRODUCTS (SYRO STEEL) – 950 WEST 400 SOUTH – 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, explained Trinity Highway Products, formerly known as Syro Steel, and has been located in Centerville for a substantial period of time. In 2003 the Heavy Industrial use status was eliminated from the Zoning Ordinance, which put Trinity Highway Products in a nonconforming status, as well as a prohibited use status. It functioned this way for a period of time, and then it was concluded with the West Centerville Plan to reconsider the I-VH Zoning and heavy industrial use. Mr. Snyder said the heavy industrial use was recently restored as a conditional use into the Use Table Matrix for the I-VH Zone. Mr. Snyder explained there was nothing on record to show when Trinity Highway Products was built. When the applicant applied for a storage shed for their facility, as well as a ventilation stack to improve their venting operations, a decision had to be made of how the Zoning Ordinance would be applied to such a request. In reviewing the information, the Board of Adjustment was charged with the decision of whether it was a legally-established use and approved the modifications, and the Planning Commission is charged with the amendment to the use.
Mr. Snyder explained there are questions on how the use of the project can be appropriately mitigated. The applicant is asking for a modification to the use and the impact of the modifications being requested need to be considered. Mr. Snyder explained it will be an improvement to eliminate the open storage and construct a storage shed. Staff is concerned with the ventilation stack and the particulates that are emitted from the facility. Trinity Highway Products desires to improve their operations, even though their business is in a grandfathered status from the Division of Air Quality. Staff needs clarification on what improvements are intended to be made. Will dust operation improvements inside the buildings be made? Will the dust be exhausted somewhere else? Will the particulates be removed? Will this improve what is being exhausted currently? Staff is requesting additional information on the modification of the stack and ventilation of the facility, and they recommend tabling this item until further information can be received and evaluated.
Jim Pedersen asked if there is a site plan for this area. Mr. Snyder said there is no historical record of what was approved on the site. Mr. Snyder said the site itself has been deemed legally existing by the Board of Adjustment. He said it is not cost effective to survey the site and make a site plan, as it is an existing site deemed accepted with modification elements of a shed and stack, which has been approved by the Board of Adjustment.
Commissioner Palmer opened the public hearing for comments. There was no one wishing to comment, and the public comment portion of the hearing was closed.
Commissioner Duncan asked if the approval from the Board of Adjustment was for the landscape waiver. Mr. Snyder said this does not modify any City Ordinances. This is an approval for an existing facility with no need to upgrade their landscaping and parking, because they follow under the horizon to upgrade, so the Board of Adjustment approved the modification to this site of the ventilation stack and storage shed. Chair Duncan asked what authority the Planning Commission has to require the site to be more appealing to the surrounding zones. Mr. Snyder explained the nonconforming status placed by the Board of Adjustment makes it so that this modification does not need to upgrade to the new ordinance. If the applicant does certain impacts that then need mitigation, then conditions may be imposed.
Commissioner Pedersen asked about complaints that have been received about Trinity Highway Products. Mr. Snyder said there have been verbal complaints in the past, and there have been a number of e-mails received by Mayor Russell and Mayor Behunion of West Bountiful. There have been meetings held with Trinity Highway Products, West Bountiful and Centerville officials to discuss what can be done about the odors, dust, etc. Commissioner Pedersen said he doesn’t know what the complaints are, what the objective of the stack is, and will the new stack address the complaints. Mr. Snyder stated there have been past complaints and he cannot give the details of past complaints. He said most of the information he has is about complaints of particulates on adjacent properties and vehicles. Mr. Snyder said the applicant needs to address the vent stack, and how it addresses venting particulates and EPA issues.
Stuart Craig, Plant Manager for Trinity Highway Products, said he met with an environmental engineer last Monday to do a modeling air disbursement calculation test. He said calculations were done, and the environmental engineer said 500 feet from the stack, the ground concentration would be reduced by 37 to 50 percent. The stack will be 55 feet high. Mr. Craig said there is currently no stack, and the particulates are eliminated through existing doors that are currently 20 feet off the ground.
Commissioner Palmer said the main reason stacks are built is to get the exhaust in the air. He said the solution to pollution is dilution, and the off-gassing products are exhausted into the atmosphere at a higher level and will be spread out. Commissioner Palmer said this is a positive effort to be a better neighbor. Mr. Snyder explained the evidence within the record to make a sound decision is not available, but the applicant is trying to improve the situation. Commissioner Pedersen asked whether the stack is merely dispersing the particulates higher, or will they be collected in the new stack. Mr. Craig said $30,000 has been spent on filters and a dust collector that is in place. He said the owner of Mountain Shadow Marine said he’s seen a difference. Commissioner Duncan said he would like to see the results of the stack and the filters together to see how it compares to what was in place before.
Commissioner Pedersen made a motion to open the public hearing and leave it open until the next meeting when public input can be received and the report is available from the applicant. Steve Markham seconded the motion, which was passed by unanimous roll-call vote (5-0).
Nate Lechtenberg, 642 East Laurelwood, Kaysville, said there are yellow particles that turn their landscape rocks yellow, and he is in favor of any measures that would help the situation. Commissioner Markham asked about the visual impact of the stack on the community. Mr. Snyder said that is a balance the Commission must define. He said the position of the Zoning Ordinance is that stacks are exempted from height requirements. He said it comes down to what is the impact of the stack height that requires a need for mitigation.
Commissioner Duncan made a motion for the Planning Commission to table any decision for the Trinity Highway Products CUP Amendment approval until the following information is submitted and made available for review by the Commission based on the following condition:
1. The applicant shall provide information regarding how the exhaust stack modification improves or even resolves the current problems and complaints about the facility with regard to odors, dust, filters, and particulates.
Findings:
1. Sections 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.
Commissioner Markham seconded the motion, which was passed by unanimous roll-call vote (5-0).
PUBLIC HEARING – CONDITIONAL USE PERMIT – T MOBILE CELLULAR FACILITY – 1155 NORTH MAIN STREET – Consideration of a conditional use permit for a T-Mobile Cellular Facility to be located at the Jennie P. Stewart Elementary School site, 1155 North Main Street in the PF-M Zone. Jared White, Applicant
Brandon Toponce, Assistant Planner, explained the location of the proposed cell towers is located in the Public Facility Medium (PF-M) Zone. The cell tower is proposed at the height of 100 feet. However, the ordinance states a cell tower can be 60 feet high, unless they co-locate. There was confusion within the ordinance on whether the tower needed to be existing in order to have co-location and receive the additional height of 100 feet. The Zoning Administrator said because the applicant has future plans in place to co-locate, they can receive permission for a 100-foot high tower with a conditional use permit. Mr. Toponce said the tower is 100 feet from Jennie P. Stewart Elementary School; 517 feet from the residential area; 290 feet from Main Street; 39 feet from the south property line adjacent to agriculture, and 240 feet from the nearest residential dwelling within the agricultural zone. Mr. Toponce said the Zoning Ordinance does not state how far away the tower must be placed from the agricultural area. Commissioner Nichols asked what the tower building requirement qualifications are for the residential area. Mr. Toponce said it is two feet for every one-foot in height. All of the zoning requirements pertaining to setbacks have been satisfied. In addition, the antenna cannot be more than 10 feet high and 15 feet wide, and any underground equipment must be buried. There must be a six-foot vinyl coated chain-link fence around the back of the tower and cabinets. Landscaping must also be planted around the perimeter of the fencing. Mr. Toponce recommended the applicant plant vegetation that is already found on the school grounds. Staff recommends trees be planted on the east side of the cell tower to help cover a portion of the tower. Staff also recommends the school be allowed to have a key to the gate in order to retrieve balls and trash that may blow into the gated area.
Staff recommends approval of the conditional use permit for the T-Mobile cell tower.
Jared White, T-Mobile, said the School District lease stipulates a landscape plan, and the School District is in charge of taking care of the landscaping. He said T-Mobile will do the landscape planting and direct any irrigation that needs to be done. The tower will be built of galvanized steel, which is non reflective. Mr. White said the School District’s usually calls T-Mobile to clean out the facilities, as they do not want any liability. Commissioner Pedersen asked how the height of the towers is determined. Mr. White said the height is determined through propagation maps. He said the 100-foot tower is being dictated by the School District. Mr. White said the School District is inundated with cell carriers asking for towers on school property, particularly in residential areas because there is no other land available that can meet the ordinance. He said the School District has requested that a 40 x 40 square lot be built for any new tower constructed on their facility, and that every tower be built high enough for two more co-locaters. This is so that there will be no more leases between the school district. T-Mobile’s lease stipulates that if a co-locater comes onto the tower, it is required to increase the revenues paid to the district. It would be possible for three companies to share the same tower. Commissioner Duncan asked if the 100-foot tower at Reading Elementary is full. Mr. White said he is not certain if the tower is full at Reading Elementary. Mr. White distributed propagation maps showing current tower locations, and the map shows that the site for the proposed tower will off-load the other towers and provide more coverage. He said the major determining factor for new tower sites is the number of complaints on dropped calls, and customers leaving T-Mobile because they can’t receive the coverage needed in the area. Mr. White said the three towers together should off-load the other towers and provide enough coverage for the area. He said there are issues of the number of people in the area, and the number of people eliminating their land lines. Commissioner Pedersen asked if it is the broadcasting or the copper wire to the tower that is at capacity. Mr. White explained each tower has seven antennas and koak cables, and the radios are what can handle only so many calls. When there are too many people using the radios, the radio is full.
Chair Duncan opened the public hearing for comments.
Rick Bangerter, 573 East 650 North, said there is a 150-foot cell tower on property he owns in the Industrial Park. He said he has three different providers on the tower, but he is not sure that there can’t be more arrays without overloading the tower. Chair Duncan asked if T-Mobile could put two arrays on the tower in the north and get better coverage. Mr. White explained there are 15 percent more cell towers than there needs to be, because early in the process, they were not spaced as precisely as T-Mobile would have liked them to be. He said the coverage they have now doesn’t provide the in-home coverage they need.
The public comment portion of the hearing was closed.
Mr. Snyder explained a 60-foot tower is a permitted use, so all they have to do is convert that tower into three 60-foot towers. He said it is desirable to have higher heights, and look at the need for the areas; get the co-locations; get as many multiple towers as possible on a higher pole, which is better than being concerned about the height and number of arrays when a height of 60 feet is allowed in the ordinance. Mr. White said the lease agreement with the School District states that all equipment must be removed if the tower is vacated.
Chair Duncan made a motion for the Planning Commission to approve a conditional use permit for the T-Mobile Cell Tower located at 1155 North Main Street, with the following conditions:
1. All professional service fees be paid.
2. The cell tower with associated mechanical equipment shall be constructed in the location indicated on the approved site plan.
3. The cell tower shall be approved at a maximum height of 100 feet, based upon the condition of co-location of additional carriers in accordance with City ordinances. If the owner of the monopole refuses to have additional carriers, the height of the pole shall be reduced to 60 feet.
4. The applicant shall submit copies of required permits from pertinent federal agencies establishing compliance with applicable federal regulations, prior to the issuance of a building permit.
5. Construction drawings shall be submitted and reviewed by staff for approval at the time of building permit application. The drawings shall indicate the size of the cellular antennas, which shall not exceed 10 feet high and 15 feet wide, the height of the mechanical cabinets, wind load, and the material of the pole being constructed from a dull non-glaring metal.
6. No climbing pegs on the pole shall be below twenty feet.
7. All electrical and communication cables shall be buried underground, and all mechanical equipment shall be located within sealed cabinets.
8. The cell tower and all associated mechanical equipment shall be fully screened by a six-foot vinyl coated chain-link fence with a locked gate.
9. A screening plan shall be submitted to the City at the time of building permit application. The screening plan shall show the following:
a. Shrubs planted along the entire perimeter of the cell tower and mechanical equipment fence line.
b. The shrubs should match the existing plantings surrounding the school.
c. Additional trees shall be planted east of the cell tower and placed in a location that will not affect the cellular antennas in the future.
10. The applicant shall ensure the area within the gated area is kept clean from trash, debris, playground equipment and any other items thrown or blown into the fenced-off area.
11. The applicant shall be held responsible for the upkeep and maintenance of the pole tower, landscaping, screening, and all associated mechanical equipment.
12. Compliance with all applicable ordinances including, but not limited to, Chapter 12-67.
Commissioner Palmer seconded the motion, which was passed by unanimous roll-call vote (5-0).
FINAL SITE PLAN – STOUT BUILDING CONTRACTOR’S OFFICE/WAREHOUSE BUILDINGS – Consideration of a final site plan for Stout Building Contractor’s new office/warehouse buildings to be located at 60 North 1400 West in the I-H Zone. Nate Lechtenberg, Stout Building Contractors, Applicant.
Commissioner Nichols recused himself from the discussion of this item, as the owner of the property is a client of the firm he represents.
Brandon Toponce, Assistant Planner, explained on April 23, 2008 the Planning Commission accepted the conceptual site plan for the Stout Project. He said after working with staff, the applicant has a completed application. Mr. Toponce said the previous conditions of approval are:
1. All fees have been paid. However, the applicant is required to post any bonding and any other professional service fees that may be accrued.
2. The site plan shows that all mechanical equipment on the roof will be screened from view, and the storage area will be screened by a six-foot fence. The fence must be vinyl or powder coated chain-link with vinyl slats match the building.
3. The dumpster will be built of CMU block with a full screen gate, and the color must coordinate with the building. The applicant has given staff the proposed colors for the building, which are muted earth tones of browns and reds to give a natural earth-tone look. The building will be constructed of cement, metal and glass. He said the height of the southern building is 28 feet and the northern building is 29 feet. Both buildings will be coordinated in design and color.
4. The City Engineer has requested the southern easement be vacated and that a new easement be located within the center of the property going toward the fire hydrant. This will need to be accomplished through the City Council. These items must be done before a building permit will be issued.
5. A landscaping plan has been submitted and was found to meet all the applicable landscaping requirements. The total landscaped area is 13,124 square feet or 10.1 percent of the site. The parking lot landscaping is 4,356 square feet, or 5.7 percent.
6. The containers housing the top soil and bark are sloped to the west so that the drainage and runoff will not go into the drain.
7. All utility provider sheets have been submitted.
8. The request for an oil/sand separator has been shown on the plans.
9. The applicant will still be required to apply for a sign permit.
Staff recommends approval of the final site plan for the Stout Building Contractor’s Office/Warehouse Buildings located at 60 North 1400 West.
Nate Lechtenberg, applicant, distributed color samples for the proposed buildings, which are gray and earth tones. Mr. Lechtenberg said there was a seven-foot PUE on the south side that needs to be vacated, and his Civil Engineer has drawn up the description, which the City Engineer has approved. He said Marilyn Holje has written the easement for the City Council.
Commissioner Pedersen asked why the issue of bonding and the title report is appearing on this application, but they haven’t appeared on other applications. Mr. Toponce said the bonding occurs on all projects, and the City Engineer inspects the landscaping and drive-way approaches. Mr. Toponce said all professional service fees are usually listed as the first condition of approval. He said the title report was to be ready this evening, but the applicant didn’t have it ready, and it must be approved by the City Engineer before a building permit is issued.
Commissioner Pedersen made a motion for the Planning Commission to approve the final site plan for the Stout Building Contractor’s/Warehouse Buildings located at 60 North 1400 West, with the following conditions:
1. All professional service fees shall be paid.
2. A bond shall be posted after the City Engineer has determined the exact bonding amount.
3. The applicant shall inform staff, at the time of the building permit application, of the color of vinyl slats within the vinyl coated chain-link fencing surrounding the storage area.
4. The easement on the southern boundary line shall be vacated and a new water easement shall be dedicated through the center of the property for the new fire hydrant. A legal description of this change shall be submitted to the City Engineer for review and shall be presented to the City Council for acceptance.
5. The applicant shall submit a site plan to the Drainage and Utility Supervisor, at the time of building permit submittal that indicates the location of the flood zone to the west.
6. A title report shall be submitted and reviewed by staff before any building permit may be issued.
7. Lighting detail shall be presented to staff at the time of the building permit application for review and approval. This plan shall include the location of security lighting and that it is facing downward.
8. The dirt access and tractor training area shall be graveled at a depth of no less than five inches.
Findings:
1. A final site plan application has been submitted Section 12-21-110(e).
2. The final site plan conforms to the accepted conceptual site plan Section 12-21-110(f)(1).
3. In order to ensure completeness of the project, a bond must be posted for the project Section 12-21-110(f)(4).
4. All correct utility easements, including water must be indicated on the plans Section 12-21-110(e)(2)(C)(iii)(b), (d).
5. With the added detail regarding building color, lighting location and the submittal of a title report, the applicant will meet all the required development standards found within the Zoning Ordinance pertaining to Industrial Development Chapter 12-35.
Commissioner Markham seconded the motion, which was passed by unanimous roll-call vote (4-0).
PUBLIC HEARING – CONCEPTUAL SITE PLAN AND CONDITONAL USE PERMIT – LDS CHURCH MEETINGHOUSE – 2250 NORTH MAIN STREET – 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.
Commissioners Pedersen and Markham recused themselves from the discussion of this item, as they are both employees of the LDS Church.
Commissioner Duncan made a motion to table the item for the conceptual site plan and conditional use permit for the LDS Church meetinghouse on the grounds that a quorum is not present. Commissioner Palmer seconded the motion, which was passed by unanimous roll-call vote (3-0).
COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
a. Upcoming projects
Studies are being done in in-fills in the community and affordable housing. Mr. Snyder would like to have work sessions on the subject of in-fills, and eventually have a brochure made.
The meeting was adjourned at 8:35 p.m.
8-27-08__
Lee Duncan, Chair Date Approved
___
Connie Larson, Recording Secretary
