Plain City Planning Minutes of Meeting September 14, 2017

Transcription

1 Minutes of the Plain City Planning Commission held on at 7:00 p.m. located at the Council Chambers in the Plain City Hall, Plain City, Utah Present: Chairman Blake Neil Excused Vice Chair John Leonardi Commissioner Jarod Maw Commissioner Mark Osenbach Commissioner Cheri Sparks Alt. Commissioner Kris Carrigan Staff: Kathy Campbell, Derek Moss, Bren Edwards, Shane McFarland, Jeremy Crowton ATTENDEES: David L Peterson, Rod Matteucci, Kit Matteucci, Jodi Eagle, Chad Eagle, Jamie Bowles, Dianna Egbert, Melissa Andrus, Camber Durfee, Patrick Andrus, Jeff Johansen, Jared Lowry, Lylee Bowman, Jeff Hales, Bryce Buckley, Darrick Wochnick, Mark Nelson, Ashley Bodily WELCOME: Vice Chairman John Leonardi welcomed those in attendance. PLEDGE OF ALLEGIANCE: Commission Secretary Kathy Campbell MOMENT OF SILENCE/INVOCATION: Commissioner Carrigan 1.ROLL CALL Vice Chair Leonardi conducted roll call and indicated Commissioners Sparks, Maw, Osenbach, Carrigan and Vice Chair Leonardi were present. Chairman Neil was excused. 2. OPENING MEETING STATEMENT The opening statement was read by Vice Chair Leonardi. 3. EX PARTE COMMUNICATION OR CONFLICTS OF INTEREST TO DISCLOSE Vice Chair Leonardi asked if any members needed to declare a conflict of interest or disclose any ex parte communication in which they have engaged.. 4.Public Comments for Items not on the Agenda: None 5. Approval of Minutes August 27, 2017 Motion: Commissioner Maw made a motion to approve the Minutes of August 24, 2017 with said changes. Commissioner Carrigan seconded the motion. Vote: Commissioners Sparks, Maw, Osenbach, Carrigan and Vice Chair Leonardi voted aye. Motion carried. 6. Technical Review Report: Bren Edwards reported they had met with concerning developing 30 acres on North Plain City Road and the open spaces trails that would go through the area. 1

2 7. Administration Items: a. Public Hearing Re-Zone 2750 W 2260 N R to C-3 1. Motion: Commissioner Sparks made a motion to open the public hearing for a Re-Zone 2. at 2750 W 2600 N R to C-3. Commissioner Maw seconded the motion. Vote: 3. Commissioners Sparks, Maw, Osenbach, Carrigan and Vice Chair Leonardi voted aye. 4. Motion carried. 5. Jeff Hales stated there were calls from residents concerned that their back yards would be 6. against the commercial zone. Mr. Hales explained phase four has been approved and it 7. will be next to the commercial zone. Future citizens that purchase property in phase 8. four would be aware they are next to a commercial zone. Jared Lowry asked what is going in 9. this commercial zone. Mr. Hales said probably a professional building, self-storage units or 10. multi housing and retail space. Mr. Hales said he had promised 2850 west would not go all 11. the way through to the state road and it will not. Mr. Hales pointed to the map and explained 12. where a access are and where the utilities will go in. There will be a locked crash gate for 13. emergencies on 2850 west which will keep it from being a through road. Mr. Hales stated on 14. the C-2 commercial area IHC has expressed a desire to have a satellite office and that is what 15. the area has been designed for. Jared Lowry read from the Plain City Code 10-6C-1. The 16. transition commercial and manufacturing zone is established to provide suitable location for 17. retail, wholesale, light manufacturing, service and outdoor recreation uses. These areas 18. should be located serve as transition zones between general commercial and manufacturing 19. zones and should be located on arterial streets. Mr. Lowry stated in a C-3 zone auto rental, 20. sexual oriented and the heaviest type of commercial business are permitted. Mr. Lowry 21. Express his concern that these should not be a options next to residential area. Darrick 22. Wochnick stated he had just moved from Brigham City and he did not want to have C-3 in 23. that area. Bryce Buckley said there are a lot of families in this area and storage units get 24. shady characters. Mr. Buckley continued he has four young boys and this does not set well 25. with him. Mark Nelson stated property values fit the Plain City plan if it stays as residential. 26. If it changes to C-3 commercial it does not fit. If it is changed there will be a loss in property 27. values. Patrick Andrus stated he is from Farr West and referred to Mr. Hales statement that 28. probably storage units would be put in on the corner because money talks. It s just a corner 29. of Plain City that is on the Farr West border and everyone will drive through Farr West. Chad 30. Eagle said with his friends in the military he is aware of vandalism, drug deals and shady 31. activities at storage units that carry over into the residential areas. He did not feel like storage 32. units were good for our community. Jeff Hales stated the commercial zone does fit the 33. general plan and he is not doing anything different than what is on the plan. Mr. Hales said he 34. also lives in this community and that the roads do lead east from Plain City. Mr. Hales 35. stated he has no intention of distracting from the city or what the city is trying to 36. accomplish. Jared Lowery stated he does not think it match s the general plan because it is 37. not broken down how far commercial area goes. There is no C-1, C-2 or C-3 listed and he 38. still has concerns about the C-3 property and it does not necessarily fit the general plan. 39. Motion: Commissioner Maw made a motion to close the public hearing for the re-zone 40. at 2750 W 2260 N R-1-11 to C-3. Commissioner Carrigan seconded the motion. Vote: 2

3 41. Commissioners Sparks, Maw, Osenbach, Carrigan and Vice Chair Leonardi voted aye. 42. Motion carried. 43. a. Public Hearing Re-Zone 2850 W 2260 N R to C Motion: Commissioner Osenbach made a motion to open the public hearing for a 45. Re-Zone at 2850 W 2600 N R to C-2. Commissioner Carrigan seconded the 46. motion. Vote: Commissioners Sparks, Maw, Osenbach, Carrigan and Vice Chair 47. Leonardi voted aye. Motion carried. 48. Jeff Hales specified that 2850 W 2260 N was done to the specification for IHC to make 49. their plan fit. Mr. Hales said they are trying to control the development and make the city the 50. best they can. Mark Nielsen stated he is more opposed to the C-3 than the C-2 and if it 51. goes commercial it is hard to undo. Mr. Nielsen said he felt the developers heart was good, 52. but in 5 years who will be the developer. Mr. Nielsen said he would like to see the 53. commercial zone be on other property that would fit better with the residential around it. 54. Jared Lowery explained when he received the notification he thought it was going in his back 55. yard and he does not get much comfort now that he has found out it is 56. in someone else backyard. Mr. Lowery felt he needs to be a voice for the people in phase Mr. Lowry also said the code states there should be an entire plan laid out prior to a rezone. 58. Darrick Wochnick remarked he agrees with Mark Nielsen concerning the C-2 and the C and down the road it will get sold. Luke Bowman said he had not 60. received a letter. Mr. Bowman was concerned about the property values and that he had 61. moved in thinking it was residential and that a commercial area would not be in his 62. back yard. Ashley Bodily stated she had moved from next to Kent s. Ms. Bodily said 63. she wants the kids to grow up without a lot of traffic and she sees a pattern which she 64. doesn t like or understand. Ms. Bodily asked if the planning commission would want 65. their kids to be raised a commercial area. Vice Chair Leonardi spoke 66. and informed Jared Lowery he could come to the Plain City Office to see the plans 67. for the C-2 and the C Motion: Commissioner Carrigan made a motion to close the public hearing for the 69. re-zone at 2850 W 2260 N R-1-11 to C-2. Commissioner Maw seconded the motion. 70. Vote: Commissioners Sparks, Maw, Osenbach, Carrigan and Vice Chair Leonardi 71. voted aye. Motion carried. 72. c. Discussion/Motion: Signs for PCR-KTA LLC at 2600 N 3600 W (Kent s) 73. Derek Moss gave the staff report. 74. Staff reviewed the design and site plans for signs for Kent s Market located at approximately 3673 W 2600 N, located in the C-2 zone Background: 77. Kent s Market has submitted design and site plans for the following: 78. A Monument sign that would be located on 3600 West measuring 7.5 tall x 10 wide with a sign area of: 10.8 ft2 3

4 79. A Pylon sign that would be located on 2600 North measuring 35 tall x 22.2 wide with a sign area of 45.6 ft2 and an electronic display sign area of 61.0 ft2 for a total sign area of: ft2 80. Attached Signs, letters and a Kent s Market sign attached to the building with a combined sign area of: ft The sign area for the monument and pylon signs is determined from a single side when both faces are parallel and the distance between faces does not exceed two feet (2') (see Title 10, Chapter 12). The total area of the signs for Kent s Market is approximately 438 ft The signs would be lit using white LED interior illumination. The electronic display would detect low ambient light levels and adjust the display intensity automatically. As the sun sets or rises, the display automatically detects that change and adjusts the display accordingly (Daktronics Memo to Plain City Dated August 25, 2017) Staff Comments: 87. The signs submitted meet the provisions in Title 10, Chapter 12 Sign Regulations and Title 10, Chapter 6, Article B, General Commercial Zone for clearance, height, and area. The provisions that were taken into consideration during review are as follows: The signs meet the general sign provisions provided in Title 10, Chapter 12 including, but not limited to: 90. DATE The signs meet the general sign provisions provided in Title 10, Chapter 12 including, but not limited to: a. Clearance: There shall be a minimum clearance of ten feet (10 ) between the finished grade of the bottom of a projecting sign, with the exception of public necessity signs, nameplates, and monument signs b. Height of Signs: No sign shall exceed the height limitations established for each zone as set forth in section i (B)(8) Business Signs, Height Regulations: No sign shall be erected to a height exceeding fifty feet (50 ) above the ground The signs meet area requirements established in : 100. a (B)(3) Commercial Or Industrial Zones, Business Signs: the maximum size of a business sign shall be three hundred (300) square feet in area and the total area of all commercial or industrial use shall be six hundred (600) square feet

5 The placement of the monument sign which is greater than three feet (3 ) tall is at the intersection where the driveway and 3600 West meet. The clear view triangle standard is to maintain a safe environment for vehicles and pedestrians at these intersections. The monument sign at the intersection of 3600 West and the Kent s Market driveway is located to maximize the clear view The brightness of the electronic display would be managed through automatic sensors. Daktronics has provided some useful information about the brightness, the direction of the light, the capability to adjust the brightness at night automatically, and the overall impacts from other light sources. The automatic sensor is enough to mitigate the contrast in brightness during night hours, and there are no clear benefits to having the sign off during certain hours of the night simply because other sources of light (including street and parking lot lights) do not provide enough contrast to result in a net benefit Structural calculations for the signs have been submitted and stamp by a professional licensed structural engineer Commissioner Osenbach asked if the sign was pixelated like the one in Roy. Derek Moss 108. answered in the affirmative. Commissioner Osenbach stated a bright light, like at the car 109. wash is a distraction. Mr. Moss said it will not be brighter than a street light. Ashley Bodily 110. inquired if these types of signs could go in a C-2 or C-3 or are they different for a C-1 zone Mr. Moss said the city code does not require the signs to be dimmed and the intent is to 112. review the code concerning signs. Mark Nielsen questioned the dimming not being code Mr. Moss explained that Kent s and the sign company recognize that the sign need to be 114. dimmed. Commissioner Maw stated dimming was also a concern of the planning 115. commission when there were discussions with Kent s Motion: Commissioner Osenbach made a motion to approve the signs for PCR-KTA 117. LLC at 2600 N 3600 W (Kent s). Commissioner Maw seconded the motion Vote: Commissioners Sparks, Maw, Osenbach, Carrigan and Vice Chair Leonardi 119. voted aye. Motion carried Legislative Items: 122. a. Discussion/Motion: Commercial Uses 123. Derek Moss gave the Staff Report SYNOPSIS / APPLICATION INFORMATION Legislative amendment to revise, add, and remove permitted (P), conditional (C), and not allowed (N) uses in commercial zones. Agenda Date: Applicant: Plain City Planning Commission File Number: ZTA STAFF INFORMATION: 5

6 Derek Moss, AICP Plain City Planning APPLICABLE ORDINANCES Plain City Zoning Ordinance Title (Commercial Zones: Uses) TYPE OF DECISION When the Planning Commission is acting as a recommending body to the City Council, it is acting in a legislative capacity and has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions require that the Planning Commission give a recommendation to the City Council. Typically, the criteria for making a decision, related to a legislative matter, require compatibility with the general plan and existing codes. BACKGROUND The Plain City Planning Commission recently reviewed the permitted, conditional, and not allowed used in commercial zones. Based on that review, this amendment captures the recommended changes by the Planning Commission. Staff has prepared a draft ordinance addressing the recommended changes to Title (See Exhibit A). PLANNING COMMISSION CONSIDERATIONS Are the amendments appropriate? Are there any uses that are not included in the amendment that should be? Are there any uses that should be changed from permitted, conditional, or not allowed? STAFF RECOMMENDATION Make a recommendation to the City Council. EXHIBITS A. Ordinance B. ORDINANCE # C. AN ORDINANCE OF PLAIN CITY, UTAH AMENDING THE CITY S ZONING ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE D. Section 1. Recitals E. WHEREAS, The City Council finds, that the City of PLAIN CITY (herein City ) is a municipal corporation duly organized and existing under the laws of the State of Utah; and F. WHEREAS, the City Council finds that in conformance with the provisions of UCA , the governing body of the city may exercise all legislative powers; and G. WHEREAS, the City Council finds that in conformance with the provisions of UCA , the governing body of the City may pass any ordinance to regulate, require, prohibit, govern, control, or supervise any activity, business, conduct or condition authorized by State law or any other provision of law; and 6

7 H. WHEREAS, the City Council finds that this issue has been reviewed by the Planning Commission and certain recommendations made by them; and I. WHEREAS, the City Council finds that the public health, welfare and safety are at issue in this matter; now, J. THEREFORE, BE IT ORDAINED by the City of PLAIN CITY as follows: K. Section 2. City s Zoning Ordinance Amended. L. The following amendments are made to the Plain City Code Title : Uses permitted, conditional, and not allowed in commercial zones. M : USES: N. In the following list of possible uses in the commercial zones, those designated in any zone as "P" will be permitted use. Uses designated as "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 10 of this title. Uses designated "N" will not be allowed in that zone. If a use is not identified in this section, explicitly designated as permitted or conditional, it is not allowed. Business Neighborhood C-1 1 General C-2 Transitional C-3 Amusement enterprises (i.e., arcades, mini-golf course, batting cage) Animal hospital, small and large animals only and provided conducted within completely enclosed building N C C C N C C P Antique and import shop C P P Apartment, multi-family with enough parking spaces C N C C Archery shop and range, provided conducted within completely enclosed building C N C C Art and artists supply store C P P Athletic and sporting goods store, excluding sale or repair of motor vehicles, motor boats or motors Athletic and sporting goods store, including sale or repair of motor vehicles, motor boats or motors C N P P N C C Athletic club N P P 7

8 Auction establishment N P P Automobile body repair N P C C P Automobile maintenance N C C P Automobile new or used sales and service and maintenance N P P Automobile rental N C P Automobile repair C N P C P Automobile salvage N N N Awning sales and service C P P Bakery goods manufacturing N N C P Bakery manufacture limited to goods retailed on premises C P N P Bank or financial institution C P C Barbershop C P P P Beauty culture school N P P Beauty shop P P P Beer parlor, sale of draft beer N C C Bicycle sales and service C P P Billiard parlor N C C Blueprinting or copy center C P P Boarding or lodging house N N N Boat building N N P Boat sales and service N C P 8

9 Bookbinding C P P Bookstore, retail C P P Bottling and distribution plant N N P Bowling alley N P P Building materials sales or yard N C P Business office C P P Cafe or cafeteria C P P Camera store C P P Candy manufacturer C P P Candy store, confectionery C P P Car wash - automatic C P P Car wash - manual C P P Carbonated water sales C P P Carpenter and cabinet shop C N P C P Carpet and rug cleaning C P P Carpet, rug, and linoleum service C P P Catering establishment C P P Childcare - daycare P P P Christmas tree sales C P P Church C C C Church, temporary revival N C C 9

10 Circus, carnival or other transient amusement N C C Clinics, medical and dental C P P Clothing and accessory store C N P P Construction of buildings to be sold and moved off of premises N N P Contractor shop, provided work conducted within a completely enclosed building C N P C P Convenience store C P P Costume rental C N P P Craft store N P P Dairy products C P P Dairy products manufacturing N N N Dance hall - studio C P P Delicatessen C P P Dental practice C P P Department store N C C Drapery and curtain store C N P P Drugstore C N P P Educational institution C C C Electrical and heating appliances and fixtures sales and service N P P Electronic appliances and/or electronic instruments assembly N N P Electronic equipment sales and service C N P P Employment agency N P P 10

11 Estate sales and one day auctions C N P P Express and transfer service of goods N P P Fabric and textile store C N P P Farm implement sales N C P P Farmers' market C P P N P Five and ten cent notions store C P C Florist shop C P C P Fruit and vegetable store or stand P N C P N Fuel sales office N N C Furniture sales, repair and upholstery C N P P Garden supplies and plant material sales N P C Gift store C P C P Glass sales and service N P C P Government buildings or uses, nonindustrial C C P C P Graphic designing N P C P Greenhouse and nursery C P P Grocery C P C P Gunsmith C P P Gymnasium C N P P Hardware store N P P Health and fitness club C P P 11

12 Health food store C P P Heating and air conditioning sales and service N C P C P Heliport N N C N Hobby and crafts store C N P C P Home decor shop C N P P Hospital supplies N C P C P Hotel N C N C Household appliance sales and incidental service N P P Household cleaning and repair N P P Household pet boarding N P C P Ice cream manufacture N C C P P Ice cream parlor P P P Ice manufacture and storage N C N P Insulation sales N C N P Insurance agency P P P Interior decorating and designing establishment N P P Janitor service and supply N P P Jewelry store sales and service P N P C P Knitting mills N P N P Laboratory, dental or medical (see medical) C N P P Laundry and/or dry cleaning and/or laundromat C N P P 12

13 Laundry and/or dry cleaning pick up station P N P P Lawn and garden equipment sales and service C N P P Leather goods sales and service P P P Legal office P P P Library P C P P Linen supply store N P P Liquor store N C N C Locksmith P P P Lodge or social hall N N P Lounge N N C Machine shop operations N N P Manufacture of goods retailed on premises N C N C Meat, fish and seafood store N P P Medical, dental, physician, surgeon, optometrist, optician or oculist office C N P P Mobile home sales lot and service N N P Monument works and sales N N P Mortuary N P N P Motel/hotel N C N C Motorcycle and motor scooter sales and service N P N P Museum C C C Music store C N C C 13

14 Nightclub or social club N N C P Novelty store N N C Office machines sales and service N P P Office supply C N P P Optometrist, optician or oculist C P P Ornamental iron sales or repair N C N P Outcall services (sexually oriented) P N P N P C Paint or wallpaper store N P P Parking lot or garage for passenger automobiles N C N C Pawnshop, inside only N C P Pest control and extermination N C N P Pet and pet supply store N C P P Pet grooming C P P Pharmacy C N C P P Photo studio C P C P P Photographic supplies N P C P Physician or surgeon C P P Pie manufacture N C P Plumbing shop N C C P Post office or supply N C P P Preschool and/or nursery school P P P 14

15 Private club N C N C Professional office C N P P Real estate agency N C P Reception center or wedding chapel N C P Recreational vehicle sales and service N N C Recreational vehicle storage N N C P Rental agency for home and garden equipment N C N P Restaurant C N C P P Restaurant drive-in C N C P P Rollerskating or ice skating rink, indoor N C N P Roofing sales or shop N N P Sandblasting N N P C Seamstress or tailor P P P Seed and feed store, retail N C P Self-storage - enclosed N C C P Service station, automobile C C P Sewing machine sales and service N C P P Sexually oriented business N N P C Sheet metal shop and retinning, provided all operations conducted within completely enclosed building N N C Shoe store N P C P Shooting gallery, inside only N N C 15

16 Sign - graphic design N C P C P Sign manufacture or sign painting N N C Soil and lawn service N P N P Souvenir shop C N P P Spa and massage establishment C N P C P Supercenter (groceries and nonfood related items) N C P P Tanning salon N P P Tavern N C C Taxicab and shuttle terminal N N C Taxidermist N C P C P Telecommunication tower C C P Theater, indoor N C N C Theater, outdoor N N P C Thrift store N C P P Tire recapping or retreading sales and service N N P Tobacco shop N C N C Tool design (precisions) repair and manufacture N N C Toy store, retail N C P C P Trade or industrial school N C N C Travel agency C P C P P Ultra light aircraft manufacturing N N P 16

17 Used car lot N C C Utility equipment building C N P P Variety store N C N P C Ventilating equipment sales and service N N P C P Video arcade N C P P Video shop C C P Warehouse storage N N P Welding shop N N P Wholesale business N N C Window washing establishment N C P O. P. Note: Q. 1. See also section 10-6A-4 of this chapter. (Ord , , eff ; amd. Ord , , eff ) R. Section 3. Prior Ordinances and Resolutions The body and substance of any and all prior Ordinances and Resolutions, together with their specific provisions, where not otherwise in conflict with this Ordinance, are hereby reaffirmed and readopted. S. Section 4. Repealer of Conflicting Enactments All orders, ordinances and resolutions with respect to the changes herein enacted and adopted which have heretofore been adopted by the City, or parts thereof, which are in conflict with any of the provisions of this Ordinance Amendment, are, to the extent of such conflict, hereby repealed, except that this repeal shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. T. Section 5. Savings Clause If any provision of this Ordinance shall be held or deemed to be or shall, in fact, be invalid, inoperative or unenforceable for any reason, such reason shall not have the effect of rendering any other provision or provisions hereof invalid, inoperative or unenforceable to any extent whatever, this Ordinance 17

18 and the provisions of this Ordinance being deemed to be the separate independent and severable act of the City Council of Plain City. U. Section 6. Date of Effect This Ordinance shall be effective on the th day of, 2017, and after publication or posting as required by law. V. DATED this th day of, 2017 W. PLAIN CITY, a municipal corporation X. Y. MAYOR Bruce Higley Z. ATTESTED AND RECORDED: AA. BB. Diane Hirschi, CMC CC. CITY RECORDER Motion: Commissioner Maw made a motion to approve the Commercial Uses Commissioner Carrigan seconded the motion. Vote: Commissioners Sparks, Maw, 127. Osenbach, Carrigan and Vice Chair Leonardi voted aye. Motion carried Report from City Council for September 7, Secretary Kathy Campbell reported the city council had the same work meeting that the 131. Planning Commission had concerning Jay Christensen s property. The fee for the Make-A Wish bike ride was waived. Final approval was given to S-Curves West 29 lots. Final 133. approval was given to S-Curve phase 4, 20 lots. Brandon will draw up a agreement 134. allowing the KH Gibson Estates to record without an escrow. Approval was given to 135. proceed with a Impact Fee Study. The ordinance for policy and procedure for the City 136. council meetings was approved. Ogden City Ambulance contract proposal was approved The fence bid for the Lions Club Park was approved. Approval was given for a upgraded 138. phone/network system and the purchase of a angle blade Commission Comments: 141. Commissioner Sparks gave the details of the Community Cares, on September 25, at the Hooper Park. It is family dinner night with 750 tickets being given out for dinner There will be food trucks for others to purchase dinner. Weber School District is a 144. Sponsor for the event. Commissioner Maw said he has 145. met with the urban design team and their time line will fit our time line. Commissioner 146. Maw is looking for more historic pictures. Commissioner Osenbach thanked those in 147. attendance. Commissioner Carrigan asked Jeff Hales about the progress concerning 148. Town Square Estates subdivision. Jeff Hales informed the commission they d had a slight 149. delay because of the placement with a telephone/power line pole on the south-east corner Mr. Hales said he does not have a start date but now that it has been approved hopefully, 151. they can get it leveled and make it look better. 18

19 Adjournment 154. Motion: Commissioner Maw made a motion to adjourn the meeting at 8:05 pm Commissioner Carrigan seconded the motion. Vote: Commissioners Sparks, Maw, 156. Osenbach, Carrigan and Vice Chair Leonardi voted aye. Motion carried Neil Carrigan Osenbach Maw Sparks Leonardi 159. Jan 5 Jan 19 Feb Feb 16 *Apr 6 Mar 16 Mar 2 May 18 May Apr 20 June 1 June 15 Jul 6* Jul 20 Aug Aug 17 Sept 7 Sept 21 Oct 5 Oct 19 Nov Nov 16 Dec 7 Dec * Meeting canceled Planning Commission Chair Planning Commission Secretary 19

20 September 28, 2017 Minutes of the Plain City Planning Commission held on September 28, 2017 at 7:00 p.m. located at the Council Chambers in the Plain City Hall, Plain City, Utah Present: Chairman Blake Neil Vice Chair John Leonardi Commissioner Jarod Maw Commissioner Mark Osenbach Excused Commissioner Cheri Sparks Alt. Commissioner Kris Carrigan Excused Staff: Kathy Campbell, Rob Scott ATTENDEES: David Peterson, Jared Lowry, Hannah Oliver, Kaden Larsson, Nancy McKellar, Claire Wagstaff, Blake Jones, Melissa Andrus, Patrick Andrus, Jamie Bowles, Ciera Sheridan, Citlalli Heinandez, Mandy Stuart, Rylee Hunsaker, Jeff Hales WELCOME: Chairman Blake Neil welcomed those in attendance. PLEDGE OF ALLEGIANCE: Vice Chair Leonardi MOMENT OF SILENCE/INVOCATION: Commissioner Maw 1.ROLL CALL Chairman Neil conducted roll call and indicated Commissioners Sparks, Maw, Vice Chair Leonardi and Chairman Neil were present. Commissioners Osenbach and Carrigan were excused. 2. OPENING MEETING STATEMENT The opening statement was read by Chairman Neil. 3. EX PARTE COMMUNICATION OR CONFLICTS OF INTEREST TO DISCLOSE Chairman Neil asked if any members needed to declare a conflict of interest or disclose any ex parte communication in which they had engaged. Commissioner Maw and Chairman Neil communicated that they had been contacted concerning the change in the R1-11 to a C-3 which is on the agenda.. 4.Public Comments for Items not on the Agenda: None 5. Approval of Minutes Motion: Vice Chair Leonardi made a motion to approve the Minutes of September 14, 2017 with said changes. Commissioner Maw seconded the motion. Vote: Commissioners Sparks, Maw, Vice Chair Leonardi and Chairman Neil voted aye. Motion carried. 1

21 September 28, Technical Review Report: Vice Chair Leonardi reported Mountain Meadows phase 5would have 9 lots. The existing home would be non-conforming and the new home will be connected to the sewer. Fremont High School brought in plans for an addition to the high school. Fremont was built for 1,750 students and there are 2,000 students. The addition will add six rooms up and six rooms down if the bond passes 7. Legislative a. Discussion/Motion: Re-Zone 2750 W 2600 N R-1-11 to C-3 b. Discussion/Motion: Re-Zone 2850 W 2600 N R to C-2 Chairman Neil explained there was some mis information out there. He clarified 2007 was last time the general plan was updated. Chairman Neil thanked those who had commented or had ed their comments and concerns. DATE: September 21, 2017 TO: Kathy Campbell, Planning Commission Secretary Plain City CC: Bren Edwards, Public Works Director FROM: Shane McFarland, P.E.; Plain City Engineer Derek Moss, AICP; City Planner SUBJECT: Commercial Rezone Petition , , Background: Double J Development has submitted a zone amendment application for parcels , , located at approximately 2750 W 2600 N, Plain City, UT 84404, to change current zoning from R-1-11 to C-3 Commercial. Property to the south is zoned for residential use. Property to the east, in Farr West, is residential use. Properties along 2600 N, including the subject parcels, are proposed commercial use in the future land use map of the General Plan. UDOT has approved two accesses into the site. The proposed change to a commercial zone would be to accommodate commercial development of storage units and possible professional buildings, i.e. dental offices, chiropractic clinics, insurance companies, etc. It is estimated that the development for this site would be in the next 18 months. Utilities are available on the two stubbed streets coming into the property and along 2600 N. Staff Comments: The proposed rezone from residential to commercial use is consistent with the Plain City General Plan and the future land use map. However, the rezone to C-3 may not be compatible with the purpose and intent of C-3 zones. 10-6C-1 (B) states: The C-3 zone serves as the location of the heaviest type of commercial activities allowed in the city. For this reason, these zones should be located so as not to occur next to residential areas and so that the appearance from the highway frontage does not present a poor image of the city. (Ord , , eff ) After further review, staff have determined that a C-3 zone may not be appropriate for the subject parcels and that a rezone to a C-2 would be more appropriate for this location and would continue to be 2

22 September 28, 2017 in line with the general plan. The C-2 zone provides for protection of adjoining residential properties (10-6B-5) and provides for locations of a full range of commercial uses to serve the city as a whole. 10-6B-7 states: a rezoning petition for a general commercial zone shall be accompanied by a preliminary development plan for the commercial center showing a unified and organized arrangement of buildings and structures and their proposed uses, off street parking, internal and external traffic circulation and service facilities, and schematic architectural drawings, landscaping plans and sketches demonstrating the design and character of the proposed development. Staff recommends that the planning commission recommend approval of the C-2 zone, rather than a C- 3 zone, of the subject parcels contingent on the preliminary development plan review process and approval. The consensus of the Planning Commission was to recommend the two re-zones to the City Council. Motion: Commissioner Maw made a motion to recommend the rezone of 2750 W 2600 N and 2850 W 2600 N from R to C-2. Contingent upon preliminary development plan review process and approval. Vice Chair Leonardi seconded the motion. Vote: Commissioners Sparks, Maw, Vice Chairman Leonardi and Chairman Neil voted aye. Motion carried. c. Discussion/Motion: Subdivision Ordnance Rob Scott gave the staff report. SYNOPSIS / APPLICATION INFORMATION Discussion on a legislative amendment to consider revamping subdivision application processing Agenda Date: September 28, 2017 Applicant: Plain City Planning Commission File Number: ZTA STAFF INFORMATION Robert O. Scott, AICP APPLICABLE ORDINANCES Plain City Zoning Ordinance Title 10 (Zoning Regulations) Plain City Subdivision Ordinance Title 11 (Subdivision Regulations) TYPE OF DECISION When the Planning Commission is acting as a recommending body to the City Council, it is acting in a legislative capacity and has wide discretion. Examples of legislative actions are general plan, zoning map, and land use text amendments. Legislative actions require that the Planning Commission give a recommendation to the City Council. Typically, the criteria for making a decision, related to a legislative matter, require compatibility with the general plan and existing codes. BACKGROUND 3

23 September 28, 2017 On July 20, 2017, the Plain City Council considered the comprehensive subdivision amendment process designating the planning commission as the subdivision land use authority. The City Council was not ready to enact a comprehensive change to the subdivision ordinance at this time. It is suggested that the Planning Commission only be designated as the land use authority for lot line adjustments and minor subdivisions. The previous edits regarding process timing, fees, technical review committee, and notice of decision are included. (Exhibit A) Subdivision Reviews 11-3 Development Procedure and Approval Process The current subdivision review process is a multiple step approval process including an application submittal, Technical Review Committee review and recommendation, planning commission and city council approval. The City has a typical two-step subdivision approval process including a preliminary and final approval. The preliminary approval is granted by the planning commission. If the proposal includes a park or other public land reservation the city council must also grant approval. Final approval for all subdivisions requires approval by both the Planning Commission and City Council. The draft ordinance simplifies the subdivision review process to make the Planning Commission the land use authority for minor subdivision and boundary line adjustment approvals. This allows applicants to move through these processes in an efficient manner. The ordinance also identifies the role of the Technical Review Committee (TRC). Plain City has an established technical review process; however, there is nothing in the city ordinances that specify the role and responsibilities of the Technical Review Committee. The draft ordinance does the following: Designates the planning commission as the land use authority for approval of minor subdivisions and lot line adjustments. The planning commission is the land use authority for interpreting the subdivision ordinance. Fee provisions are put in one location, the Consolidated Fee Schedule. A notice of decision process is established. Hearing and publication standards are clarified. A new section is added outfling the technical review process. Subdividers will have 6 months from the recording of a final plat to schedule a preconstruction meeting and begin construction. The time for recording a final plat is extended from 180 days to 365 days. A development agreement and escrow agreement are required after final approval and prior to recording. Temporary turnarounds that are not within a subdivision plat require an agreement between the property owners and the city. PLANNING COMMISSION CONSIDERATIONS Is the draft ordinance appropriate? STAFF RECOMMENDATION Discuss the amendment and clarify any desired edits. Set a public hearing for the amendment. EXHIBITS A. Ordinance 4

24 September 28, 2017 Vice Chair Leonardi asked concerning the development agreement. Chairman Neil explained the only time the planning commission will see a development agreement is when it is something in commercial zoning. Secretary Campbell explained there is a standard development agreement the city uses. The city recorder and the public works puts the information together and the city engineer does the calculations for the escrow. Rob Scott spoke and explained it is very common for the staff to approve development agreements. Motion: Vice Chair Leonardi made a motion to set the public hearing for the Subdivision Ordnances for October 26, Commissioner Sparks seconded the Motion. Vote: Commissioners Sparks, Maw, Vice Chair Leonardi and Chairman Neil voted aye. Motion carried. 9. Report from the City Council. Vice Chair Leonardi reported the city council set the public hearing for the Zoning Ordinance Amendment for the commercial uses October 19, The sell of the surplus property was approved. The Aspen Paving bid and Kent s business license was approved. 10. Commission Comments: Rob Scott informed the commissioners next Friday is the conference in Park City for the APA. Rob thought the afternoon session would be good for the planning commissioners. Commissioner Maw said he is looking for pictures of historic buildings and structures for the DAT in Plain City. Chairman Neil informed the commissioners City Planner Derek Moss is ready to start on the general plan. 11. Adjournment Motion: Commissioner Maw made a motion to adjourn at 7:35 p.m. Vice Chair Leonardi seconded the motion. Vote: Commissioners Sparks, Maw, Vice Chair Leonardi and Chairman Neil voted aye. Motion carried. Neil Carrigan Osenbach Maw Sparks Leonardi Jan 5 Jan 19 Feb 2 Feb 16 *Apr 6 Mar 16 Mar 2 May 18 May 4 Apr 20 June 1 June 15 Jul 6* Jul 20 Aug 3 Aug 17 Sept 7 Sept 21 Oct 5 Oct 19 Nov 2 Nov 16 Dec 7 Dec 21 * Meeting canceled. Planning Commission Chair Planning Commission Secretary 5