PLANNING COMMISSION Meeting of July 22, 2010 M I N U T E S. Municipal Council Chambers City Hall 290 North 100 West Logan, UT

Transcription

1 PLANNING COMMISSION Meeting of July 22, 2010 M I N U T E S Municipal Council Chambers City Hall 290 North 100 West Logan, UT Minutes of the meeting for the Logan City Planning Commission convened in regular session Thursday, July 22, The Chairman, Jeannie Simmonds, called the meeting to order at 5:30 p.m. Planning Commissioners Present: Jeannie Simmonds, Doug Blaser, Heather Hall, Allison Hale, Karl Ward Planning Commissioners Absent: John Kerr, John Wuthrich Staff Present: Jay Nielson, Glen Goins, Russ Holley, Mark Nielsen, Paul Taylor Minutes as written and recorded from the July 8, 2010 meeting were reviewed by the Planning Commission. Commissioner Blaser moved that the minutes be approved as submitted. Commissioner Hall seconded the motion. The motion was unanimously approved. Public Hearings PC Promenade Subdivision Phase 1. (Continued from the July 8 meeting) Zone Change, Design Review & Subdivision Permit. Jaren Taylor/Logan Land Solutions, authorized agent/owner, request a 23-unit subdivision on 10.3 acres of land located at approximately 2800 North Airport Rd in the Multi-Family Medium (MFM) zone; TIN# STAFF: Mr. Goins reviewed the Staff Report as written. He noted that the proposal includes a request to rezone to a Planned Development (PD) Combining District. The PD zone was created to implement development standards in the General Plan related to population density and building intensity. The project contains sufficient area and number of proposed dwelling units to qualify for a Planned Development. PROPONENT: Mr. Michael Kelly, architect with R. Michael Kelly Consultants, said that they were in agreement with the conditions of approval. Commissioner Ward asked about the thought process behind the townhouse layout with limited access to the front of the units, and noted his concern with no usable front access. Mr. Kelly advised that over the entire project, which will contain units, there will be different kinds of conditions; some will have street parking, however, other options are desirable to some buyers, including the open space in front. PUBLIC: None Planning Commission Minutes July 22, 2010 Page 1 of 10

2 COMMISSION: Commissioner Simmonds asked for a review in respect to lot sizes smaller than 6,000 SF. Mr. Goins explained that a Planned Development (PD) project needs to be a minimum of one (1) acre in size and needs to set aside land for a prescribed amount of open space in exchange for a reduction of the minimum lot size. (Smallest single-family lot size in the City is 6,000 SF; however with the approval of a PD, the proponent is allowed to have a 5,000 SF minimum). Mr. Goins pointed out the lots proposed to be 5,000 SF and explained that the plat submitted is what is being requested by the proponent. Chairman Simmonds asked about the maximum/minimum percentage of lot coverage per dwelling. Mr. Goins explained that there was recently an amendment relative to Planned Development Units allowing 45% coverage for all buildings on a single lot. Chairman Simmonds asked for a definition of what would be a significant departure from the design. Mr. Goins explained that it would include additional architectural features that are simplified for economic reasons such as shutters, casings, rooftops, pillars, colors, posts, or material types. Commissioner Ward asked about the townhouses facing the alley. Mr. Goins advised that the homes are proposed to face an area shown as a future park, with the backs of the homes facing the alley where the garages are located. Mr. Goins confirmed for Commissioner Ward that there would be no vehicle access from the front of the homes (no streets planned). Commissioner Hall expressed concern about the dimensions of the alley, especially for fire/medical access. She also asked about additional parking. Mr. Goins explained that the alleys have been a great source of discussion among City departments. Staff has been working with Public Works and Engineering to come up with an alley standard which does not allow for cars to be parked on a permanent basis and will allow for safe passage (especially for emergency apparatus). The hope is that this plan will also allow for amenities such as landscaping to occur, and Staff believes this is a good way to encourage walkability and not allow vehicles to be such a dominate feature. Chairman Simmonds asked if there would be any area(s) for additional parking. Mr. Goins explained that each house is required to have two (2) off-street parking spaces and as lots are developed, Staff would ensure that all parking requirements are met. Chairman Simmonds questioned the reduction of lot size for open space, and asked what assurance there would be that the open space area would be maintained. Mr. Goins explained that once the area is dedicated on the plat as open space it would be precluded from any development. Chairman Simmonds questioned the homes on 1000 North that are planned to face each other with a small road in between and asked if that would be considered an alley. Mr. Goins explained that is an alley, but is not the alley standard that has been recently established. The purpose for this specific development is to accommodate the asphalt needed, but also provide for the addition of landscaping to occur, thus enabling a streetscape along the alleyway. Commissioner Blaser noted that he has never seen a planned development have adequate guest parking and urged Staff to look hard at additional parking. Per Commissioner Blaser s request, Mr. Goins reviewed conditions 6, 10 and 11. Commissioner Blaser asked about sidewalks. Mr. Kelly said there would be sidewalks from both side streets, and sidewalks from the alley to the front could also be added. Planning Commission Minutes July 22, 2010 Page 2 of 10

3 Commissioner Blaser commented that it is exciting to have different housing opportunities and this project is a good use of land, although parking remains a concern. Commissioner Hall agreed with the parking concern. She advised that many developments with alleyways are difficult to navigate and she is concerned with the reality of the use versus what it looks like on paper. Chairman Simmonds asked about the temporary road to the north. Mr. Goins pointed out that the temporary access road stems from the cul-de-sac and heads northeast to Airport Road. He explained that part of the future desire of the proponent would be to see a City park developed with parking available (not intended to be approved as part of this phase). Chairman Simmonds asked if it would be appropriate to add a condition of approval relative to the parking concerns. Mr. Goins agreed it would be, as long as it was consistent with the Code requirements (added as condition #17). MOTION: Commissioner Blaser moved that the Planning Commission conditionally approve PC for a Design Review & Subdivision Permit for the property located at 2800 North Airport Rd. with the conditions of approval as listed below (including the addition of #17 for parking and #18 regarding lot lines) and forward a positive recommendation to the Municipal Council for the zone change from Multi-Family Medium to Planned Development. Commissioner Ward seconded the motion. CONDITIONS OF APPROVAL This project is subject to the proponent or property owner agreeing to comply with the following conditions as written, or as may be amended by the Planning Commission. 1. The Planning Commission recommends approval of a Planned Development (PD) Combining District to the Municipal Council. 2. Prior to the recordation of the final plat, a performance landscape plan shall be submitted to the Department of Community Development which shall include the following: a. A detailed plan showing street trees at 30-foot intervals on all public right-of--- ways. b. The Homeowners Association is required to maintain the above-mentioned landscaping and pedestrian walkway. c. All required landscaping shall be installed, or bonded for, in each phase prior to construction of each subsequent phase. 3. No construction activities or staging shall occur within the public right-of-way. 4. All standard conditions of approval will be recorded with the Subdivision Permit and are available in the Community Development Department. 5. If any delineated wetlands exist on the project site, the appropriate mitigation shall occur as required in Section 404 of the Clean Water Act. 6. Street improvements and street trees shall be installed, or bonded for, in each phase prior to any construction of each subsequent phase. 7. All lots with multiple street frontages other than a declared front shall have a 20 setback. The private alley is not considered a street and is therefore exempt from this requirement. 8. Setback lines shall not be recorded with the Subdivision Plat. 9. A record of phasing is approved by the Planning Commission and Director of Public Works in order to ensure that the construction of infrastructure and utilities meets city requirements, as per LDC Chapter Street trees at 30 centers along all private and public roads and alleys (tree species to be determined by the City Forester), to be perpetually maintained by the adjacent property owner as per LDC , and Planning Commission Minutes July 22, 2010 Page 3 of 10

4 11. Street trees and sidewalk shall be installed at each lot prior to the Certificate of Occupancy of each home, as per LDC Chapter Setbacks and maximum lot coverage will be reviewed and approved at the building permit phase and shall comply with LDC requirements. 13. Any fences or walls shall be reviewed and approved by Community Development Staff prior to installation. 14. Exterior lighting associated with the private roadways shall be down-lit and have a concealed source. 15. The temporary access road on the north side of the project will be eliminated at such time as when a future subdivision phase is developed providing a public right-of-way connection to Airport Road, and the Fire Department does not require use of the temporary access. 16. Prior to the issuance of a building permit, the Director of Community Development shall receive a written memorandum from each of the following departments or agencies indicating that their requirements have been satisfied: a. Engineering Department contact Bill Young Project shall comply with all requirements regarding infrastructure that was identified in the Annexation documentation from Public Utilities. 2. Due to the distance from the existing water storage tanks, lack of pipe networking and anticipated low flows, a new chlorination station may need to be installed to maintain state required levels in the potable water system. 3. Developer shall provide a pressure reducing valve for the required service line size. 4. An approved wetland mitigation plan from the Army Corps of Engineers is required for all wetlands that are located in any roads or other areas which are to be dedicated to the City of Logan. 5. A soil report shall be provided with the design submittal package that addresses the following issues: a. Identifies the historical high water table throughout the subdivision. b. Provide the California Bearing Ratio (CBR) for the subgrade soil and provide road cross section design based on future traffic counts at final build out. c. Allowable soil bearing capacity for thrust blocks needed for water line and sewer force main line installations. 6. Sewer connections need to discuss a one-time cost for capacity increases to the Smithfield Lift Station for development. b. Environmental contact Steve Larsen No garbage and/or recycling plan is shown. Multi-units are better serviced using frontload dumpsters instead of individual cans and I can see some potential problems providing service with this current design. 17. Adequate guest parking shall be added to the fullest extent of the code. 18. Exact lot lines for proposed townhome lots shown on the Preliminary Plat are not approved and must be adjusted and approved by staff. FINDINGS FOR APPROVAL The Planning Commission bases its decisions on the following findings supported in the administrative record for this project: 1. The proposed project has been revised and amended by the conditions of project approval to address the issues and concerns raised within the public and administrative records. 2. The proposed project has been revised and amended by the conditions of project approval to conform to the requirements of Title 17 of the Logan Municipal Code, the City of Logan Public Works Standards and Specifications, and the requirements of various departments and agencies. 3. The proposed project is compatible with existing land uses and zoning and enhances the character of the neighborhood. 4. Each lot conforms to the requirements of Title 17 of the Logan Municipal Code in terms of lot size, width, and depth. Planning Commission Minutes July 22, 2010 Page 4 of 10

5 5. As conditioned, the subdivision meets the approval of the City Engineer for technical specifications, standards, and conforms to the conditions imposed on the subdivision by the Commission. 6. The Commission finds that the subdivision can be completed in phases according to the recommendation of the Department of Public Works. 7. The Subdivision Permit is issued in conformance with the requirements of Title 17 of the Logan Municipal Code. 8. The Planned Development conforms with the requirements of of the Logan Land Development Code 9. The proposed project is compatible with surrounding land uses and will not interfere with the use and enjoyment of adjoining or area properties. 10. The design of the project and its site, as conditioned, conform to the Design Review Guidelines and General Plan [Moved: Commissioner Blaser Seconded: Commissioner Ward Passed: 4, 0] Yea: D. Blaser, H. Hall, A. Hale, K. Ward Nay: Abstain: PC Watts Holding Subdivision. Subdivision Permit. Rod Blossom, authorized agent/owner, request to divide an existing, fully-developed parcel into two (2) lots at 1400 North 200 West in the Commercial General (CG) zone; TIN# STAFF: Mr. Goins reviewed the Staff Report as written. He pointed out the vacant land on the southwest corner of the property and the possibility for future development. He noted that any development would require the Commission s approval. PROPONENT: Rod Blossom, from Cache-Landmark Engineering, explained that both lots are fully developed and the current detention on lot #1 was sufficient at the time it was approved. The developer understands that if/when the development of Phase 2 occurs; it will require approval from the Planning Commission. PUBLIC: None COMMISSION: Commissioner Ward disclosed the fact that he has a business relationship with the proponent. Chairman Simmonds asked if the drainage for the entire piece was located on the north side. Mr. Goins clarified that each lot would contain its own drainage (covered under condition 4(b)1). Chairman Simmonds pointed out Engineering s comment in the Staff Report: Ensure existing storm water detention/retention is functioning as designed. If the site does not have detention/retention, provide to current standards. Mr. Blossom explained the buildings that are developed have been approved, however, when Phase 2 is developed, it will require approval from the Engineering Department. Mr. Blossom advised that all they are requesting is a division of the property so that the buildings to the north can be sold. MOTION: Commissioner Blaser moved that the Planning Commission conditionally approve PC for a Subdivision Permit for the property located at 1400 North 200 West with the conditions of approval as listed below. Commissioner Hall seconded the motion. CONDITIONS OF APPROVAL This project is subject to the proponent or property owner agreeing to comply with the following conditions as written, or as may be amended by the Planning Commission. 1. All standard conditions of approval will be recorded with the Subdivision Permit and are available in the Community Development Department. Planning Commission Minutes July 22, 2010 Page 5 of 10

6 2. The final plat map(s) shall be submitted with all owner, lien-holder, beneficiaries of easements, and public utility signatures appropriately notarized (where required) and affixed to the vellum or mylar. The City Engineer, upon approval of the final plat map, shall obtain necessary City signatures and shall cause the plat map to be recorded with the Cache County Recorder. 3. The final plat map shall include the following information in the Planning Commission approval certificate: This subdivision, entered into City Records as Planning Commission Project # was heard before the Commission in a public hearing on the 22 nd day of July 2010, 2010, and was approved in substantial conformance with the requirements and design shown upon this plat map. Signed, Jay L. Nielson, AICP, Director of Community Development. 4. Prior to the recordation of the final plat, the Director of Community Development shall receive a written memorandum from each of the following departments or agencies indicating that their requirements have been satisfied: a. Fire Department contact Craig Humphreys Fire apparatus and fire hydrant access will remain with the existing access from 200 East for both lots. b. Engineering contact Bill Young Ensure existing storm water detention/retention is functioning as designed. If the site does not have detention/retention provide to current standards. 2. Ensure that all buried utilities between structures are located in an easement (i.e. power to and out of the existing transformer). 3. If storm water detention/retention is to be common between lots, provide CC&R s for operation and maintenance. c.. Water/Cross Connection contact Brian Pattee Each property/building must have its own culinary water supply; currently the entire complex is supplied by one water meter. 2. Landscape irrigation system will have to be split up also. FINDINGS FOR APPROVAL The Planning Commission bases its decisions on the following findings supported in the administrative record for this project: 1. The Watts Holding Subdivision has been revised and amended by the conditions of project approval to conform to the requirements of Title 17 of the Logan Municipal Code, the City of Logan Public Works Standards and Specifications, and the requirements of various departments and agencies. 2. Each lot is physically suitable for development, has an adequate building site, and will not require variances due to physical constraints in order to be developed. 3. The Watts Holding Subdivision is compatible with surrounding land uses and zoning designations and will not interfere with the use and enjoyment of adjoining properties. 4. The streets providing access and other infrastructure to the subject property, have adequate capacity, or suitable levels of service, for the proposed use. [Moved: Commissioner Blaser Seconded: Commissioner Hall Passed: 4, 0] Yea: D. Blaser, H. Hall, A. Hale, K. Ward Nay: Abstain: PC CVTD Shelter Advertising. Code Amendment. Lisa Peterson/CVTD, authorized agent/owner, request an amendment to the Land Development Code for sign allowance on CVTD bus shelters. STAFF: Mr. Holley reviewed the Staff Report as written. He explained that a similar request came before the Commission in August Staff s recommendation at that time was to allow advertising signage on the shelter(s) down street side. The Planning Commission amended Staff s recommendation to allow signage on both ends of the shelter(s). Mr. Holley pointed out that Staff s recommendation is essentially the same as it was previously. He highlighted Chapter 8 of the Logan City General Plan and reviewed the potential positive and negative impacts. Planning Commission Minutes July 22, 2010 Page 6 of 10

7 Staff believes that off-premise advertising has potential negative impacts on the community if not extremely limited. A draft code amendment was presented, detailing Staff s recommended changes to the current Code. Mr. Holley noted that route maps and other transit-oriented information will not be counted as part of the signage area, nor will signage be allowed on bus stop benches. The advertising will only be allowed outside the Historic District in the Commercial and Industrial areas. PROPONENT: Lisa Peterson, from Cache Valley Transit District, agreed with Staff s recommendations, however, requested the ability to allow advertisers to use the up street side as it is the most requested. She explained that the advertising demographics target vehicles rather than pedestrians, and by only allowing use of the down street side, the advertisements will not be used as intended. She said the material which will be used is see-through vinyl wrap and customers inside the shelters will be able to see out. The bottom part of each shelter is open and drivers are trained to stop at every shelter, therefore, she does not feel that this type of advertising will inhibit or distract drivers from picking up passengers. Ms. Peterson advised that each shelter has two panels of glass and the desire is to let the business choose any two panes (maximum) for advertising. PUBLIC: Ms. Peterson distributed four letters of support from local business owners (letters were put in project file). COMMISSION: Ms. Peterson said that there are 18 shelters in Logan, 11 of which could qualify for advertising. Commissioner Blaser asked if this request was revenue generated, and Ms. Peterson agreed that it was. Mr. Holley counseled that this is a legislative condition, thus the Planning Commission would be sending a recommendation to the Municipal Council for final decision. Ms. Peterson explained that all ads are approved by the CVTD Board of Trustees, following a strict advertising policy based on State and Federal ordinances. Commissioner Blaser believed that the front panel should remain clear for safety/service concerns. Commissioner Blaser asked if the advertising medium would be the same as the wrap currently used on the buses. Mr. Holley advised that Staff is recommending the same 50/50 Perf diaphanous vinyl material be used, however, he also pointed out Staff s concern that this would make it harder for bus drivers to see inside the shelter(s) if it is allowed on the up street side. Mr. Holley reviewed the Planning Commission s prior action (August 13, 2009 ref: PC ): Recommend approval to the Municipal Council for PC for a code amendment to the Land Development Code (LDC) with addition to section Section C-2 No Electronic Message Display (EMD) signs allowed at any bus stop location. Sign material shall be attached to bus shelter glass and have a 50/50 visual opacity ratio on one of the two walls of the shelter that are perpendicular to the street. The recommendation was subsequently denied by the Municipal Council. Commissioner Ward stated that he was in favor of allowing the advertising and is not opposed to the proponent s request. Commissioner Blaser suggested the use of half (one pane) of the up street side, which would still allow adequate visual in/out of the shelter. Commissioner Ward felt that it might be difficult to get much of a message on only half a pane. Mr. Holley suggested that it might be wise to stay with a square footage total as the style of shelters may differ and/or change over time. Planning Commission Minutes July 22, 2010 Page 7 of 10

8 Commissioner Blaser agreed with the square footage requirement, however believed that the business should be allowed to decide where to put message within the allowable SF. Commissioner Hall noted that it would be hard to deliver an adequate message to the target audience (traffic) with only half a panel. She asked about the reason for Municipal Council s denial last year. Mr. Holley said there were no issues with zoning or location, just that it was off-premise advertising. Ms. Peterson advised that the Municipal Council did not have enough education on what was being requested last year, however, has invited CVTD back to revisit this issue. Mr. Holley suggested that if the Commission is leaning toward a half panel option, using the upper portion of the panels, therefore, leaving the bottom half open. Commissioner Hall asked if seeing into the shelter has been a problem. Ms. Peterson advised that there have been no issues reported with shelters in other cities which have this type of advertising. Commissioner Hall noted that she has an advertising degree and there is one (1) second to get the message to the target audience (traffic) and advertisers should be allowed the maximum square footage wherever they would like to use it. Chairman Simmonds pointed out that the Commission cannot presuppose what the Municipal Council might do and should make a recommendation consistent with the role of the Planning Commission. MOTION: Commissioner Ward moved that the Planning Commission forward a positive recommendation for a text amendment to the Land Development Code (LDC) allowing 24 total SF maximum allowance of either up street or down street (not front) of 50% perforation material, and all other conditions of approval as listed below. Commissioner Blaser seconded the motion. FINDINGS FOR APPROVAL The Planning Commission bases its decisions on the following findings supported in the administrative record for this project: 1. The proposed Code Amendment presents language that is easy to understand for both the general public and CVTD. 2. As proposed the shelter signage is pedestrian friendly and will minimize the visual impacts of additional billboard advertisements to Logan City s Streetscapes. 3. The Code Amendment is done in conformance with the requirements of Title 17 of the Logan Municipal Code. 4. Utah state law authorizes local Planning Commissions to recommend ordinance changes to the legislative body (Municipal Council) that are consistent with the role of the Planning Commission. [Moved: Commissioner Ward Seconded: Commissioner Blaser Passed: 4, 0] Yea: D. Blaser, H. Hall, A. Hale, K. Ward Nay: Abstain: Logan-Cache Airport Landside Plan STAFF: Mr. Jay Nielson, the Community Development Director, explained that the document stands as submitted by the consultants for review by the Planning Commission before going before the Municipal Council for formal adoption. Planning Commission Minutes July 22, 2010 Page 8 of 10

9 Mr. Nielson explained that this document enhances the recommendations of the General Plan. It is a required document in the General Plan for specific areas such as this that need more detail. Every proposal in this area will be judged based upon this plan. He explained that there are plans underway for the downtown area and the south corridor as well. PUBLIC: None COMMISSION: Chairman Simmonds noted that it was very well done. Commissioner Blaser asked for a definition of the acknowledgements. Mr. Nielson advised that all the people in the TEC/Advisory Committee were those from the communities, interest groups, and entities that represented their own constituencies. Workshops were held in every community. MOTION: Commissioner Ward moved that the Planning Commission approve the Logan-Cache Airport Landside Plan as submitted and forward to the Municipal Council with a recommendation for formal adoption. Commissioner Blaser seconded the motion. [Moved: Commissioner Ward Seconded: Commissioner Blaser Passed: 4, 0] Yea: D. Blaser, H. Hall, A. Hale, K. Ward Nay: Abstain: ACTION ITEM Adopt Planning Commission Bylaws/Rules of Procedure. Chairman Simmonds suggested changing the wording of B-4 to include recite as necessary. Commissioner Blaser suggested including the guidelines for emeritus members. Commissioner Ward advised that the public perceives the Planning Commission as having the authority to make decisions based upon public clamor do not understand that the Commission is a quasi-judicial body with the purpose of making sure that approvals are in compliance with City s guiding documents. It helps for the public to understand that if project(s) meet the requirement(s) and/or intent of the General Plan or Land Development Code, the Commission cannot arbitrarily make decisions. MOTION: Commissioner Blaser moved that the Planning Commission approve the Planning Commission Bylaws, with the amendments as submitted to the Director of Community Development (noted above). Commissioner Hale seconded the motion. [Moved: Commissioner Blaser Seconded: Commissioner Hale Passed: 4, 0] Yea: D. Blaser, H. Hall, A. Hale, K. Ward Nay: Abstain: Workshop Item(s) for July 22, 2010: 2010 Housing Plan (defer to January 2011) Spring Creek Village Phase Logan Lanes LED Sign Meeting adjourned at 7:17 p.m. Planning Commission Minutes July 22, 2010 Page 9 of 10

10 Minutes approved as written and digitally recorded at the Logan City Planning Commission meeting of July 22, Jay Nielson Director of Community Development Jeannie Simmonds 2010 Planning Commission Chair Debbie Zilles Administrative Secretary Glen Goins Planning Manager Russ Holley Planner II Kristen Clifford Planner I Planning Commission Minutes July 22, 2010 Page 10 of 10