South Weber City Council Meeting Staff Backup Report

Transcription

1 South Weber City Council Meeting Staff Backup Report Date of City Council Meeting: March 16 Work Meeting; March 23 Public Hearing Title: Conditional Use # Burbidge Concrete Pumping BACKGROUND July 9, 2009: The Planning Commission reviewed the original conditional use permit issued to Seward Motor Freight and found the current use by Burbidge Concrete Pumping to be different than the original use the permit was issued for. Due to this and the lack of maintaining the required business license, the Planning Commission required the business to apply for a new conditional use permit within 60 days. October 8, 2009: A conditional use application, signed by the property owner Vaughn Burbidge, was received; however, the application could not be approved because the use (found by the Planning Commission to be a construction yard ) was not permitted in the current commercial highway zoning as of Because the original conditional use was found to be null and void, the application fee was refunded in full and the business asked to vacate the premises or seek an appeal from the Board of Adjustment. A letter was sent to Mr. Burbidge on November 3, 2009 formally notifying him of this motion and instructions for how to appeal. December 9, 2009: Application to Board of Adjustment for appeal was received. January 28, 2010: Board of Adjustment Chair issued a stay of appeal. February 9, 2010: Application received. The intention is to continue the existing use, which as stated in the application is for the dispatch of trucks all over the Wasatch Front. February 25, 2010: The Planning Commission moved to not recommend this application for approval. CONCLUSION The city attorney and an agent for the applicant will be in attendance at the March 16 work meeting to assist in discussion. Alternate resolutions reflecting both denial and approval will be prepared after the work meeting for a vote at the public hearing on March 23. ATTACHMENTS Conditional Use Application # Planning Commission Minutes, February 25, 2010 Planning Commission Minutes, July 9, 2009 Planning Commission Minutes, October 8, 2009 Letter to Vaughn Burbidge, November 3, 2009 Board of Adjustment Letter, January 28, 2010 CH Zone

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25 South Weber Planning Commission Meeting 25 February 2010 Page 5 of 11 * * * * * * * * * * PUBLIC HEARING * * * * * * * * * * RECOMMENDATION TO CITY COUNCIL ORDINANCE AMENDING TITLE 10 ZONING REGULATION, ADDITION OF CHAPTER 17 DRINKING WTER SOURCE PROTECTION: Scott Hess stated in December 2009 the city submitted a drinking water plan to the State. Commissioner Hyde asked if there was any public comment. There was none. Commissioner Perkins moved to close the public hearing for Ordinance Commissioner Stott seconded the motion. Commissioners Hyde, Grubb, Perkins, Stott, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING CLOSED * * * * * * * * * * Commissioner Grubb moved to recommend to the City Council approval of Ordinance amending Title 10 Zoning Regulations, Addition of Chapter 16 Drinking Water Source Protection. Commissioner Perkins seconded the motion. Commissioners Hyde, Grubb, Perkins, Stott, and Westbroek voted yes. The motion carried. Commissioner Westbroek moved to open public hearing for Conditional Use Application # Commissioner Grubb seconded. Commissioners Hyde, Grubb, Perkins, Stott, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING * * * * * * * * * * CONDITIONAL USE APPLICATION # : BURBIDGE CONCRETE PUMPING LLC & FORESTDALE INVESTMENTS LLC, 7636 S. CORNIA DRIVE, JAMES C. ZITER: James Ziter, 2231 E. Murray Holladay Rd., representing Burbidge Concrete Pumping, gave a brief history of the property. He stated in 2006 Forestdale purchased the property but didn t want to occupy the whole thing so Burbidge Concrete Pumping leased from Forestdale. He stated Burbidge wants to continue renting. Mr. Ziter has met with Matt Dixon and Stephen Noel. He stated the use has been the same for more than a decade now and Burbidge would like to remain there. He stated there is no construction material stored at the site, but a collection of trucks at various times. Commissioner Hyde asked if there was any public comment. There was none. Commissioner Grubb moved to close the public hearing for Conditional Use Application # Commissioner Stott seconded the motion. Commissioners Hyde, Grubb, Perkins, Stott, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING CLOSED * * * * * * * * * * Commissioner Hyde stated this is a new conditional use application. Matt stated what is before the Planning Commission is a new conditional use application and is not a review of the existing use. Matt stated the city code requires in order for condition use to

26 South Weber Planning Commission Meeting 25 February 2010 Page 6 of 11 be active that a business license be maintained. He stated Burbidge has not yet applied for a business license. He asked if the proposed use of the property complies with the permitted use of the zone. Matt doesn t see how a truck storage refueling facility fits into those uses. He doesn t see that it is consistent with the conditional uses in the zone for a new application. Mr. Ziter stated in all of the other hubs no other jurisdiction has required a business license. He feels this is a technicality and that there has been a consistent use there. Commissioner Hyde stated this is a new application and it doesn t meet the zone. Commissioner Hyde stated we can t by law go against the city ordinance; therefore, the only other option would be for you to go to the Board of Adjustment. Vaughn Burbidge, 4634 S. Thousand Oaks Dr., of Forestdale Investments, stated this building as well as our building in Park City is consistent with the highway commercial. Commissioner Hyde stated it may consistent in Park City but not in South Weber. He is concerned because he is now being told he has a building that cannot be used in that zone. Matt stated this item will move on to the City Council whether there is approval or not. Emily read the permitted uses City Code, 10-5H-4, Accessory uses and buildings; Dwellings, single-family, only when in the same structure as the business or commercial use and when occupied by the owner/operator or employee employed on the premises; Eating establishments, including drive-ins; Gasoline and diesel service stations; Laundry and dry cleaning services; Public buildings and public utility buildings and uses; Retail sales; Transient lodging; Uses judged by the planning commission to be similar and compatible with the purposes of this article. Commissioner Grubb stated this application doesn t fit what our ideas are for this type of zone. Commissioner Grubb moved to not recommend Conditional Use Application # for Burbidge Concrete Pumping LLC & Forestdale Investments LLC located at 736 S. Cornia Drive for James C. Ziter based on the current zoning ordinance and under our interpretation it doesn t fit. Commissioner Perkins seconded the motion. Commissioners Hyde, Grubb, Perkins, and Westbroek voted yes. Commissioner Stott voted no. The motion carried 4 to 1. Commissioner Westbroek moved to open the public hearing for Conditional Use Application # Commissioner Perkins seconded the motion. Commissioners Hyde, Grubb, Perkins, Stott, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING * * * * * * * * * * CONDITIONAL USE APPLICATION # : DOG KENNEL, 7270 S E., SUZIE RADTKE: Robert Radtke, 7270 S E., stated this application is for a dog kennel to be located within an agricultural zone. The application is to house a total of four dogs on the property. Commissioner Hyde asked if there was any public comment.

27 South Weber Planning Commission Meeting 25 February 2010 Page 10 of 11 or chose to not do anything about it. I am not concerned about the due process issue. The Planning Commission under the current state of the law does not have the authority to grant approval of the application. Commissioner Stott asked if there was a way for them to be grandfathered in? Scott stated that the enforcement is through the conditional use ordinance. They do not mention a business license in their rebuttal letter. Matt read from City Code Time Limit, Unless the uses and conditions prescribed in the conditional use permit are implemented within a maximum period of one year from its issuance, the conditional use permit shall expire. If the nature of the conditional use is such that it requires a business license and a business license has not been obtained for the conditional use within one year from the date of conditional use permit issuance, the permit shall expire. The original approving body may grant a maximum extension of six (6) months under exceptional circumstances. This addresses the first time a conditional use is obtained, but can be interpreted as when you occupy the site as a new tenant, then they should come and ask if consistent with the conditional use. Commissioner Grubb agreed. Commissioner Stott asked how this was a change of use? Matt stated that it is not the tenant s or the property owner s decision whether or not it is a change of use. It is their obligation to come and make sure the use is compatible. There are unanswered questions about the use. Commissioner Hyde stated that at the very least they should have checked on the property. Stephen asked what evidence caused Burbidge to think they were on notice? Matt explained that last year all of the construction related businesses with conditional uses were brought into review. Stephen then asked what shows that the owner knew this was happening? A letter was hand delivered to the property. Were they notified when the zoning was changed? Matt stated that yes, all legal obligations of notice were met. Stephen asked if Burbidge s use could be considered as similar to Staker Parsons? With the difference being they are hauling dirt and Burbidge hauls cement and no excavation would be done by Burbidge. Commissioner Perkins stated that they are only moving trucks and forms; no raw material is being moved. Stephen stated that they are seeking a new conditional use under the current law. Matt added that under the current code it is an easier decision to make because it is obvious that they do not fit. Commissioner Grubb stated that they severed their ties to the previous conditional use. Commissioner Westbroek stated that the original conditional use was issued to Seward and required that someone was on-site 24 hours a day, they don t come close to meeting this. Matt stated that the Planning Commission is not meeting tonight to discuss if they are similar, this is a new application. Commissioner Stott stated that if they are trying to stay based on the knowledge that a conditional use runs with the property, then that is not for use to decide, if they are; however, asking for a new conditional use then we can grant or not grant.

28 South Weber Planning Commission Meeting 25 February 2010 Page 11 of 11 Scott asked if it would then go back to the Board of Adjustment? Yes. It is staff s recommendation that the conditional use application in question does not fit within the current zone. Matt asked the Commission if they would like Stephen to stay for the regular meeting. Commissioner Stott stated that from a Planning Commission viewpoint, we are considering this conditional use and we are not addressing any legal issues with respect to the previous decision, and having legal counsel here implies that we are worried about legalities. Commissioner Hyde asked if there were any other concerns? Scott stated that the Conditional Use Ordinance has been clarified. He then asked if the kennel license will be for only the applicant s animals and not neighbors. Emily confirmed the application is only for their dogs. Scott stated he has some concerns regarding the Lemontree Playhouse corner location, and possibility of bogging down the corner when patrons are dropped of and picked up. He proposed that these times be staggered. Scott stated that the Drinking Water Ordinance is similar to the counties. Emily added that this is also part of meeting the state requirements. The work meeting adjourned at 6:31 p.m. Work meeting minutes transcribed by Emily Thomas, Deputy City Recorder.

29 SOUTH WEBER PLANNING COMMISSION MEETING DATE OF MEETING: 9 July 2009 TIME COMMENCED: 6:31 p.m. PRESENT: COMMISSIONERS: Delene Hyde Tim Grubb Rorie Stott Mark Perkins (excused) Rod Westbroek CITY MANAGER: DEPUTY RECORDER: CITY PLANNER: TRANSCRIBER: Matt Dixon Emily Thomas Scott Hess Michelle Clark A public work/discussion meeting was held at 6:00 p.m. to discuss agenda items, correspondence, and/or future agenda items. VISITORS: Jameson Harvey, Rick Adams, Wade Shaw, D. Hansen, Merlin Daines, Eddy Shaw, Kyle Shupe, Alyson Shupe, Barbara Shupe, Dan Shupe, Jim Burwell, Keith Kap, and Michael Poff. APPROVAL OF THE AGENDA: Commissioner Grubb moved to approve tonight s agenda as written. Commissioner Stott seconded the motion. Commissioners Hyde, Grubb, Stott, and Westbroek voted yes. The motion carried. APPROVAL OF 25 JUNE 2009 PLANNING COMMISSION MEETING MINTUES: Commissioner Westbroek moved to approve the minutes of 25 June 2009 Planning Commission Meeting as written. Commissioner Grubb seconded the motion. Commissioners Hyde, Grubb, Stott, and Westbroek voted yes. The motion carried. DECLARATION OF CONFLICT OF INTEREST: The Planning Commission did not report any conflict of interest. Commissioner Hyde excused Matt Dixon and Commissioner Perkins from tonight s meeting. Commissioner Hyde welcomed Scott Hess, City Planner. REVIEW OF CONDTIONAL USE PERMIT #1988; BURBIDGE CONCRETE PUMPING; 7636 S. CORNIA DRIVE: Jameson Harvey, Manager for Burbidge Concrete Pumping, approached the Planning Commission. He said this company leases concrete pumps. They use the building to park trucks

30 South Weber Planning Commission Meeting 9 July 2009 Page 2 of 11 and light maintenance on the vehicles. Commissioner Grubb said there is confusion that this business is different from the business, Seward, which was the previous business there. Commissioner Hyde said no business license has been issued for this business. Mr. Harvey said this business is really not that different. He said the business is run out of Salt Lake City. Commissioner Grubb said a business license needs to be purchased for this business. Commissioner Hyde agreed. The Planning Commission feels this business is completely different and they need to apply for a conditional use permit and pay the necessary fee for a business license. Mr. Harvey said they assumed because the business is out of Salt Lake that they didn t need a business license in South Weber City. Commissioner Grubb moved that Burbidge apply within 60 days for a conditional use permit. Commissioner Westbroek seconded the motion. Commissioners Hyde, Grubb, Stott, and Westbroek voted yes. The motion carried. Commissioner Westbroek moved to open the public hearing for rezone application # Commissioner Grubb seconded the motion. Commissioners Hyde, Grubb, Stott, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING * * * * * * * * * * REZONE APPLICATION #2009-2: 933 E. SOUTH WEBER DRIVE, PARCEL # FROM RESIDENTIAL MODERATE (RM) & AGRICULTURAL (A) TO RESIDENTIAL MODERATE (RM); DANIEL & BARBARA SHUPE: Kyle Shupe approached the Planning Commission. Commissioner Hyde asked for public comment. There was none. Commissioner Grubb moved to close the public hearing for rezone application # Commissioner Westbroek seconded the motion. Commissioners Hyde, Grubb, Stott, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING CLOSED * * * * * * * * * * Emily explained that when property along South Weber Drive was rezoned from agricultural to residential, there were a few parcels that ended up in both agricultural and residential zones. In order to subdivide, this property needs to be all in one zone Residential Moderate (RM). Commissioner Grubb moved to recommend approval of rezone application # at 933 E. South Weber Drive, parcel # from Residential Moderate (RM) & Agricultural (A) to Residential Moderate (RM) for Daniel and Barbara Shupe. Commissioner Stott seconded the motion. Commissioner Hyde, Grubb, Stott, and Westbroek voted yes. The motion carried. Commissioner Westbroek moved to open the public hearing for preliminary/final approval for Dan Shupe Subdivision. Commissioner Grubb seconded the motion. Commissioners Hyde, Grubb, Stott, and Westbroek voted yes. The motion carried. * * * * * * * * * * PUBLIC HEARING * * * * * * * * * *

31 South Weber Planning Commission Meeting 9 July 2009 Page 11 of 11 The meeting began at 6:10 p.m. Planning Commission Work Meeting July 9, 2009 Commissioners Present: Delene Hyde, Rorie Stott, Tim Grubb, Rod Westbroek Excused: Mark Perkins Staff Present: Emily Thomas, Scott Hess Excused: Matthew Dixon Commissioner Hyde began the meeting by reviewing the conditional use for Seward Motor Freight whose property is now occupied by Burbidge Concrete Pumping. She stated that a new conditional use permit application needs to be submitted as it appears the use has changed. They will also need to obtain a business license. Further discussion will need to take place in the regular meeting to confirm that the use has changed enough to warrant a new conditional use permit as this runs with the property and not the business. Commissioner Hyde stated that the rezone for the Shupe s property was quite straightforward. She asked is anyone had any questions. There were none. The next item was the Shupe two lot subdivision. Reading through the City Engineer s memo dated July 9, 2009, there is need to require escrow for curb, gutter, and sidewalk. Commissioner Hyde questioned why this is a requirement. Scott reminded her that this is part of the subdivision ordinance that they either put the improvements in or escrow for them. Commissioner Hyde stated that she doesn t agree that the developer should have to escrow for lot one (where their existing home is) and should only be required to escrow for improvements to the new lot. Scott stated that at some point sidewalk, curb, and gutter will have to be installed on lot one. Commissioner Hyde then opened the discussion regarding the Sure Steel project. Scott stated that while they have provided an elevation plan, the changes are not reflected on the site plan. Because of this, a new site plan should be submitted. He also stated that there are three large doors shown exiting out onto a 30 foot piece of asphalt. Because of the small piece of asphalt, he would like to inquire during the regular meeting what the purpose of these doors will be to ensure that they are not being used for trucks to swing into the building. Commissioner Stott arrived at 6:17 p.m. Scott stated that the issue with Cornia drive has been resolved as it was found that South Weber City does own the road after all. He then reviewed the City Engineer s Memo dated July 7, Scott also stated that a lighting plan has not been submitted. Commissioner Grubb and Scott discussed the buffer yard requirements and whether or not this development meets them. The meeting adjourned at 6:29 p.m. Work meeting minutes taken by Emily Thomas, Deputy Recorder.

32 South Weber Planning Commission Meeting 8 October 2009 Page 2 of 3 CONDITIONAL USE REVIEW: BURBIDGE CONCRETE PUMPING, 7636 Cornia Drive: Commissioner Hyde asked when took possession of that building. Rick Adams stated they moved into the building May 1, Matt stated the business owners were given applications for business licensing and conditional use permit applications of which the city has never received. Commissioner Grubb arrived at 6:37 p.m. Matt stated the Planning Commission did determine this business is different from the Seward business previously at this building. He stated the city changed zoning in 2008 and removed construction yards and buildings as conditional uses in the Commercial Highway zone. Matt said there is no business license and this business is not meeting the conditions that were set with Seward. Matt said after much research he can t find a whole lot of justification to allow them to continue business there. Matt read from Title 10 Chapter 7 of conditional uses. He stated if the Planning Commission determines the previous conditional use has expired the city can t grant a conditional use because of the zoning changes. He further stated that there is an option to appeal to the Board of Adjustment. Jameson Harvey asked what the property is currently zoned. Matt stated it is currently in the commercial highway zone. Commissioner Grubb moved that after reviewing the conditional use application to deny a conditional use permit to Burbidge Concrete Pumping. The city staff will direct the next steps as well as refund the conditional use application fee. The said motion is based on acceptance of Matt Dixon s comments and reasons for denial. Commissioner Westbroek seconded the motion. Commissioners Hyde, Grubb, Perkins, Stott, and Westbroek voted yes. The motion carried. DISCUSS 2009 GENERAL PLAN UPDATE Scott Hess, City Planner, stated the general plan is the city s guide for the future. It is city staff s opinion that the plan needs to be reevaluated and updated. Emily suggested the plan be more positive. She also suggested looking at the projected land use map. Scott asked if the Planning Commission would want to hold a public open house etc. Commissioner Hyde asked what is driving us to update this. Commissioner Grubb said he is not understanding why we are looking at this. Emily identified areas in the west end with flight zone and noise zone. She also discussed possible commercial zone areas and access to those areas. Scott suggested looking at the trails and bicycle paths as well. Emily suggested looking at projected annexations. Commissioner Hyde suggested the Planning Commission look at sensitive lands, flight zones, and trails sections prior to the next meeting. OTHER BUSINESS: Christmas Party: This will be held on December 4, 2009 at the Family Activity Center.

33

34 Jan. 28, 2010 Attn: Matt Dixon City Manager South Weber, Utah As the chairman ofthe South Weber City Board ofadjustment, having read the documents and request for a "Stay" ofappeal offorestdale Investments LLC and Burbridge Concrete Pumping LLC, I agree it is in the best interest of all parties to issue a "Stay". Sincerely 4 ;Z,7,7f - Annette Ray Gardner

35 Sterling Codifiers, Inc. Page 1 of 4 2/19/2010 ARTICLE H. HIGHWAY-COMMERCIAL ZONE (C-H) 10-5H-1: PURPOSE: To provide areas in appropriate locations adjacent to highways or major streets where activities dependent upon or catering to thoroughfare traffic and the traveling public may be established, maintained and protected. The regulations of this district are designed to encourage harmony between traffic needs and centers for retail commercial, entertainment, automotive facilities and other appropriate highway related activities. (1989 Code ) 10-5H-2: DEVELOPMENT OVER ONE ACRE: Development over one acre must follow the conditional use permit procedure of chapter 7 of this title. (1989 Code ) 10-5H-3: ARCHITECTURAL SITE PLAN REVIEW: All proposed C-H development shall meet the requirements of chapter 12 of this title. (1989 Code ) 10-5H-4: PERMITTED USES: Accessory uses and buildings. Dwellings, single-family, only when in the same structure as the business or commercial use and when occupied by the owner/operator or employee employed on the premises. Eating establishments, including drive-ins. Gasoline and diesel service stations. Laundry and dry cleaning services. Public buildings and public utility buildings and uses. Retail sales. Transient lodging. Uses judged by the planning commission to be similar and compatible with the purposes of this article. (1989 Code ; amd. Ord. 96-7, , eff )

36 Sterling Codifiers, Inc. Page 2 of 4 2/19/ H-5: CONDITIONAL USES: All permitted uses allowed in this article requiring more than one acre in site area. Electronic communications facilities. Excavations of over two hundred (200) cubic yards, as allowed by section of this title. Temporary businesses not to exceed ninety (90) days in length. (1989 Code ; amd. Ord. 96-7, , eff ; Ord. 02-7, ; Ord , ) 10-5H-6: BUILDING LOT REQUIREMENTS: The provisions of this section pertain to all buildings, except those exempted in chapter 11 of this title. A. Lot Width: No particular requirements, as approved by the planning commission. B. Lot Area: No particular requirements, as approved by the planning commission. (1989 Code ) 10-5H-7: LOCATION OF STRUCTURES: Structures Front Setback Side Setback Rear Setback Main and accessory structures Temporary structures 50 feet No requirement, except 20 feet minimum for sides fronting on street. Where any wall has no windows exposed on that side, then no side setback shall be required, except that 10 feet shall be provided where the lot line is coterminous with any residential boundary 30 feet 10 feet 10 feet 10 feet from other zones, 20 feet from residential zones (1989 Code )

37 Sterling Codifiers, Inc. Page 3 of 4 2/19/ H-8: MAXIMUM STRUCTURE HEIGHT: Main buildings and structures, two and one-half (2 1 / 2 ) stories or thirty five feet (35'). Temporary structures, one story. (1989 Code ) 10-5H-9: OFF STREET PARKING: The provisions of chapter 8 of this title shall apply and shall be in full force and effect in this zone, except in the case of a bona fide temporary use. (1989 Code ) 10-5H-10: PERMITTED SIGNS AND LIGHTING 1 : Class 5 signs shall be permitted. (1989 Code ) 10-5H-11: SPECIAL PROVISIONS AND LIMITATIONS: Where accessory living quarters are provided as permitted herein, no window shall be permitted in any wall of the same which is located within eight feet (8') of a side property line. (1989 Code ) 10-5H-12: LANDSCAPING REQUIREMENTS: A. General Landscaping: At least fifteen percent (15%) of the total site shall be thoroughly landscaped, including an irrigation system to maintain such landscaping. Landscaping shall meet the requirements of chapter 15 of this title. For use of exceptional design and materials, as determined by the planning commission, the landscaping may be reduced to ten percent (10%) of the total site. B. Bufferyard Landscaping: Bufferyard C landscaping shall be required between the C-H zone and all residential and agricultural zones and shall meet the requirements of chapter 15 of this title. C. Park Strip Landscaping: Park strip landscaping shall meet the requirements of chapter 15 of this title. (Ord , )

38 Sterling Codifiers, Inc. Page 4 of 4 2/19/2010 Footnotes - Click any footnote link to go back to its reference. Footnote 1: See also chapter 9 of this title.