PLANNING COMMISSION MINUTES OF MEETING
Wednesday, June 10, 2009
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.
MEMBERS PRESENT
Tamilyn Fillmore
Jason Nichols
Jim Palmer, Chair
Jim Pedersen
Dianna Rasmussen
John Walton
MEMBERS ABSENT
Steven Markham
STAFF PRESENT
Cory Snyder, Community Development Director
Kathy Streadbeck, Recording Secretary
VISITORS
Interested Citizens
OPENING COMMENT/LEGISLATIVE PRAYER Chair Palmer
MINUTES REVIEW AND APPROVAL
The minutes of the Planning Commission meeting held May 27, 2009 were reviewed. Commissioner Walton made a motion to approve the minutes as written. The motion was seconded by Commissioner Rasmussen and passed by unanimous vote (5-0).
PUBLIC HEARING – CONDITIONAL USE PERMIT – SEASONAL SNOSHACK IN FRONT OF THE SMOOT OFFICE BUILDING – 200 WEST PARRISH LANE – Consideration of a conditional use permit for a temporary use; consisting of a seasonal snoshack to be located in front of the Smoot Office Building, 200 West Parrish Lane in the C-H Zone. Little Tree LLC, Applicant.
Cory Snyder, Community Development Director, reported the applicant desires to open a Snoshack on Parrish Lane. This will be a temporary use during the summer season only. Temporary uses are typically approved by the Zoning Administrator if certain standards are met. This particular application does not meet all the necessary standards for a temporary use; therefore, the applicant is seeking a conditional use permit from the Planning Commission. Mr. Snyder reviewed the application as listed in the staff report dated June 10, 2009. It appears the proposed use will have a minimal impact on the surrounding area. Overall, staff recommends approval of the application.
Chair Palmer opened the public hearing. There was no comment, he closed the public hearing.
Karen Morris, applicant, asked for clarification on the needed insurance. She said she has never had to provide this with other cities. She said they do have a $2 million policy and questioned if that is sufficient. Ms. Morris clarified a couple of questions that were raised in the staff report. She said there will only be one employee working at a time. One from 12:00 p.m. to 5:00 p.m. and one from 5:00 p.m. to 10:00 p.m. She said she has already contracted with the Smoot Office Building for the employees to use their restroom facilities. She intends to get permission from Albertson’s as well. She said they have been concerned with safety in the past and will have a cell phone on the premises at all times for emergencies. An adult will also close the facility each night. She said they do not anticipate too much of a problem as the Snoshack will be located on Parrish Lane, which is busy and well lighted.
Commissioner Fillmore questioned what recourse the City has if the structure is not removed at the expiration of the conditional use permit.
Mr. Snyder said the seven (7) day grace period is allowed per code. After that the City may choose to enforce removal per other enforcement policies. He also explained the City is asking to be named as a third party insured. The typical limit is $1 million. This will require the applicant to contact their insurance carrier and name the City as a third party insured for a period of time. Since this is a temporary use and structure, utilizing another’s property as permitted by a City issued conditional use permit, the City is reducing their liability by requiring the insurance.
Commissioner Nichols made a motion for the Planning Commission to approve a conditional use permit for the Snoshack, located at 190 West 400 North, with the following conditions.
Conditions:
1. All professional service fees be paid.
2. A signed affidavit and the lease agreement from the property owner shall be submitted to City staff before a business license, or other necessary permits be issued.
3. The conditional use permit shall be in effect from the approval date and shall expire on September 7, 2009.
4. A conditional use permit shall be issued for the Snoshack located within the south west corner of the Smoot parking lot at 190 West 400 North only.
5. The applicant shall submit to City staff information regarding the exact hours and days of the week the Snoshack shall operate, and how many employees at one time shall work each shift. This shall be submitted and reviewed before a business license may be issued.
6. A more accurate site plan showing the exact location and size of the Snoshack and the ice machine shall be submitted and reviewed before the issuance of a business license.
7. Insurance information shall be submitted to the City for review. The insurance documentation should name Centerville City as third party and follow the criteria of Section 12-56-050(c) of the Centerville City Zoning Ordinance. This documentation shall be submitted to City Staff before the issuance of a business license.
8. If the temporary accessory structure is less than 100 square feet, it shall be at least one (1) foot from all property lines, if the structure is over 100 square feet it shall be five (5) feet from all property lines.
9. An application shall be submitted to staff for a temporary power permit showing the location of where the power will be obtained and how it will be connected to the temporary structure. A temporary power permit shall be issued before the release of a business license.
10. The Snoshack shall face with the order window to Parrish Lane and shall have a no parking sign on the east-facing wall.
11. A garbage can shall be available, adjacent to the Snoshack, for customer use and shall be emptied regularly by the Snoshack employees.
12. The Snoshack employees shall be responsible in keeping the grounds around the Snoshack clean from garbage. City staff shall randomly inspect the property for compliance.
13. An agreement with a neighboring business shall be obtained by the applicant for the employees of the Snoshack to use the restroom. This agreement shall be submitted to City staff before the issuance of a business license and placed in the file.
14. Following the expiration date of September 7, 2009, the applicant will have seven days to remove all items from the property and restore the property to its prior condition.
15. If the applicant so desires to open the Snoshack next year (summer of 2010), it shall be required that an application come before the Planning Commission for review and approval of a conditional use permit.
Suggested Reasons for the Action (findings):
1. A full application shall be submitted for a conditional use permit Section 12-21-100(d)(1).
2. A temporary use not meeting the development standards of Section 12-56-050 is required to receive a conditional use permit Section 12-56-060.
3. The structure must meet all setback standards and other applicable standards for a temporary building within the C-H Zone Chapter 12-34.
4. With the above conditions all applicable standards for the conditional use permit have been satisfied Section 12-21-100(e)(3)(A-D), Section 12-21-100(e)(5)(A-K).
5. Restoration of the property after the temporary use has expired is required by Section 12-56-060 of the Zoning Ordinance.
The motion was seconded by Commissioner Rasmussen and passed by unanimous vote (6-0).
COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
a. Next regularly scheduled Planning Commission meeting will be held on June 24, 2009 at 7:00 p.m.
b. Upcoming Projects
* Discussion on sign and artificial landscaping
The meeting was adjourned at 7:18 p.m.
_ 6-24-09_
Jim Palmer, Chair Date Approved
_
Kathleen Streadbeck, Recording Secretary
