Jennifer Thomas Community Development Coordinator/Deputy City Recorder

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NORTH OGDEN PLANNING COMMISSION MEETING MINUTES March 7, 2012 The North Ogden Planning Commission convened in a regular meeting on March 7, 2012 at 6:30 pm in the North Ogden City Municipal Building, 505 E. 2600 N. North Ogden, Utah. Notice of time, place and agenda of the meeting was furnished to each member of the Planning Commission, posted on the bulletin board at the municipal office and posted to the Utah State Website on March 2, 2012. Notice of the annual meeting schedule was published in the Standard-Examiner on January 16, 2012. COMMISSIONERS: Allan Dalpias Vice-Chairman Joan Brown Commissioner Steve Quinney Commissioner Blake Knight Commissioner (left at 7:15pm) Larry Residori Commissioner Eric Thomas Commissioner STAFF: Craig Barker Community Development Director Gary Kerr Building Official Julia LaSeure Deputy City Recorder EXCUSED: Ken Kiser Chairman Jennifer Thomas Community Development Coordinator/Deputy City Recorder REGULAR MEETING Vice-Chairman Dalpias called the regular meeting to order at 6:30pm. Commissioner Quinney offered the invocation and led the audience in the Pledge of Allegiance. 3. CONSIDERATION AND APPROVAL OF FEBRUARY 15, 2012 PLANNING COMMISSION MEETING MINUTES. Planning Commission Meeting 7 March 2012 Page 1

48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Commissioner Residori motioned to approve the February 15, 2012 Planning Commission Meeting Minutes. Commissioner Brown seconded the motion. Voting on the motion: Vice-Chairman Dalpias yes Commissioner Brown yes Commissioner Knight yes Commissioner Quinney yes Commissioner Residori yes Commissioner Thomas yes Motion was passed unanimously. 4. DISCUSSION REGARDING A TEMPORARY BUSINESS LOCATED AT APPROXIMATELY 300 EAST 2650 NORTH. Craig Barker referred to the staff report and location map. He explained that the applicant is still trying to determine what the cost would be for him to do this. His son is the one that wants to run this temporary business. The temporary business is actually in the business license section 4-1-9 of the City Ordinance. Mr. Barker explained in Title 11 of the Zoning Ordinance it says temporary businesses are allowed for seven days, but in the business license section a temporary business is allowed for 95 days. He said there are some issues for applicants who want to go longer than 95 days. He said the issue would be the location of the temporary building and the weeds. Commissioner Brown disclosed that she knows David Gordon very well, but would like to participate in the discussion. David Gordon asked about having a tuff shed style building there all year even though the business wouldn t run through the winter. The County Health Department requires sinks and hot water. He said they have a lot of requirements for a snow cone business in Weber County. He has a son who is interested in doing this and that is why he is here approaching the Planning Commission. The area is not finished in the center and to control the weeds several years ago they put down weed poison but they have been unable to grow anything there since then. He said he plans to pour a concrete slab and plant grass where it will grow and to place tables, gravel, and umbrellas. He asked if the City would allow them to leave the building up all year long. He wants to build it so it s attractive. He talked about the services available at the site; water, sewer, electricity. The County requires three sinks for washing, sanitizing, and rinsing. They would also need a fourth sink for hand washing. Council Member Thomas asked if he is requesting to build a structure on a concrete slab and to only have the business be temporary. He asked if he wants it to be temporary so he can move it when the economy recovers. David Gordon replied yes and said he is concerned about the costs. Commissioner Residori said there is a fence across the street so it won t bother the neighbors and the grocery store; it would probably enhance that area. Planning Commission Meeting 7 March 2012 Page 2

95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Commissioner Dalpias asked if you can put up a permanent temporarily occupied facility and call it temporary business. Craig Barker said in his opinion this could be treated as an accessory building. There is a main building on the parcel. If the business was not successful they could use the building for storage. He said he thinks the applicant would have to come in annually to show what the plan is for that area. He said signage and lighting is another issue too. He read through the design standards and can t find anything regarding temporary buildings. Commissioner Thomas said it seems to him there is the building they want to put on the site and then the temporary business too; should this be handled separately? Craig Barker said when someone puts an accessory building on their property they have to come in with an amended site plan so we know what is going to be there. The temporary business would come in annually as well. Craig Barker said he thinks that is a good approach to this. Commissioner Thomas talked about other snow cone shacks that have been in the City and that this could be handled the same way. Craig Barker agreed and added that the amended site plan and the temporary business could be on the same agenda. Gary Kerr said his only question is the sink; where will the water come from and where will it drain. David Gordon said it would be in compliance with the County Health Codes and it would drain into a temporary container. Gary Kerr said the building would have to meet building code and Tuff Sheds meet the requirements. David Gordon said he was thinking of putting Christmas lights around the building. Craig Barker said that would be fine but he would need to include that on the plan. Gary Kerr said he would want to go out and check all that to make sure it meets code. Craig Barker said signage needs to be addressed as well. 5. CONSIDERATION TO APPROVE THE NORTH OGDEN CITY S RV PARKING ORDINANCE AMENDMENTS. Craig Barker referred to the staff report and reminded the Planning Commission of the discussion that occurred at the last meeting. He talked about the things the City Council wanted the Planning Commission to address. The Planning Commission did make some recommendations which he reviewed. Section 11-10-22 added language Motor homes, travel trailers, camping trailers, other trailers and boats, shall not be located in the public street or private driveway for more than two (2) consecutive days and not more than ten (10) days in any one month. No vehicle or trailer can impede any public sidewalk. The yellow highlighted areas reflect the changes to the language. Commissioner Knight said the other concern was if you extend that out and back a vehicle out of the driveway the sight is blocked. Craig Barker said all the Planning Commission minutes regarding this will accompany the recommendation to the City Council. Commissioner Knight moved to approve as presented. Gary Kerr suggested not allowing it in the City right-of-way. Commissioner Dalpias said he agrees. Gary Kerr said that would keep the City out of trouble too. Commissioner Dalpias said Planning Commission Meeting 7 March 2012 Page 3

141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 most people wouldn t consider the sidewalk the public right-of-way. Craig Barker said that could be spelled out in the ordinance too. Commissioner Residori said change line four of #4 to read recreational vehicle not vehicles. Commissioner Knight amended the motion to include the public right-of-way. Commissioner Thomas seconded. Voting on the motion: Vice-Chairman Dalpias yes Commissioner Brown yes Commissioner Knight yes Commissioner Quinney yes Commissioner Residori yes Commissioner Thomas yes Motion was approved unanimously. Craig Barker suggested moving the public comments up because there are residents here that wish to speak. Commissioner Dalpias moved on to agenda item 7. 7. PUBLIC COMMENTS. Karen Garcia, 2584 N 200 E, was approached by the Boyer Company who showed interest in buying the back piece of their property. She was puzzled. The Boyer Company has got the back part of Barker s property. In addition North Ogden City wants to move the retention pond that her back property sits upon and she was very surprised. They have lived there for over 20 years and have dealt with a lot of flooding issues over the years and have great concerns. They have been approached twice by the Boyer Company. If they do not sell they are saying they will just relocate it to the side of them taking a seven acre pond down to 2.5 acres and digging it deeper. She said she has concerns about being surrounded by this retention pond. There is a lot to consider. Her concern is what does North Ogden City really plan on doing with this development and why hasn t North Ogden City approached them. This is North Ogden City s pond not Boyer Company s pond and she said it feels like they should have been approached on this. Commission Dalpias replied he cannot speak for the City, but the Planning Commission has not been approached on this issue. He said it is news to them. Karen Garcia said she has read the minutes and this was discussed last September, and the Boyer Company was here in January. She said she has done a lot of research on retention ponds. She said taking a seven acre detention pond down to a two acre pond would cause that pond to constantly have water in it. Planning Commission Meeting 7 March 2012 Page 4

187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 Commissioner Knight said typically there has to be a public hearing and any entity has the right to approach any citizen about purchasing property. Craig Barker said they do not have any plans. Karen Garcia said she was told North Ogden has plans to move the retention pond and North Ogden owns it. Craig Barker said he doesn t know if that decision has been made, but that is an option they are looking at. Craig Barker said when the Planning Commission receives an application for a site plan they have the option to hold a public hearing. He said all the engineering studies have to be completed. When that happens the City Engineer will be heavily involved to see if that will be feasible. Commissioner Knight said before anything can be done soil percolation has to be completed. Karen Garcia said the Boyer Company did talk about testing being completed first. Commissioner Knight said there would be a public hearing first. Craig Barker said the property would have to be rezoned and a public hearing is required for that. Commissioner Quinney said the Boyer Company is at risk if they have purchased property because it has to be determined if this plan will work. Karen Garcia said she would rather have been approached by the City than the Boyer Company. Craig Barker said he will inform the City Engineer that the Garcia s will be contacting them to discuss this. There may be some general plan that has been discussed. Commissioner Thomas said the pond has to hold a certain amount of water and any standing water cannot be counted in that calculation. Commissioner Dalpias said he didn t remember if Boyer Company spoke with them. Commissioner Quinney said it was an informal discussion. Commissioner Brown stated they had asked if the retention pond was included and no one had an answer at that point. She said Karen Garcia has more information for the Planning Commission which is more than what they knew before. She said they will be looking out for her. She said Boyer Company will need to prove that the retention pond is functioning and will work and they will need to agree to that. She said she thinks it is good they made the Planning Commission aware that there is some activity going on. Craig Barker said they will keep Karen Garcia informed now that they have been made aware of the situation. He said he will make arrangements for her to discuss the issue. He said he isn t sure how much their engineer knows about the situation at this point. Commissioner Thomas said right now the property is an RE-20 zone so nothing can change until it comes to the Planning Commission. The property owners will be notified. Planning Commission Meeting 7 March 2012 Page 5

233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 6. CONTINUE DISCUSSION ON PRUDS IN NORTH OGDEN CITY. Craig Barker stated there was some discussion at the last meeting and it was felt that we needed to have some more detailed discussion about this. One of the ideas that was thrown out was an individual third party review of the documents that are required with a PRUD. How the common areas are treated; who has the responsibility, what are the responsibilities, etc We need to discuss that and talk about who the third party reviewers would be. We have to come up with a reasonable fee for that review. Commissioner Brown said at the last meeting Craig Barker mentioned the City Council had denied the request to raise the PRUD fee. She said she questioned some of the City Council and they said that was not true. Craig Barker said the current City Council doesn t know because they are new. He said they haven t purposed any changes since the new Council has been appointed. He said the last time they broached the subdivision fees was seven years ago. Craig Barker explained that when they send a subdivision out for review they get a bill from the City Engineer for his time. He said the City now has the developer sign an agreement to pay those costs. He said there are additional things that need to be reviewed in a PRUD and those can be very expensive. There was a general discussion about the things that are approved and required by the City and the things that are promised to home buyers that are not in the plan. Commissioner Quinney said they have discussed this already. He said they want to keep PRUDs but there needs to be better rules and he thought staff was going to put together their past discussions to read through. Craig Barker said he spoke with the City Attorney and he wanted to know more from the Planning Commission so he could write it into an ordinance form. Commissioner Dalpias asked if there are current provisions for either an escrow or bond for the entire amount. Craig Barker replied yes. Commissioner Brown said now there is, but there wasn t in the past. Craig Barker said there was but it didn t include common improvements. He said the guarantees are for all public improvements, but not the common improvements. He said it is the same as the subdivision. Commissioner Quinney said the issue seems to be the common area improvements. Craig Barker agreed. Commissioner Brown said when a developer comes in and says he wants to build a PRUD with the embellishment of common space, there is a problem if those embellishments don t come. If we are going to approve PRUDs we have to tighten it up so that what the developer presents is what they produce. Craig Barker said currently the City will only accept an escrow or letter of credit from a Utah lending institute. Commissioner Quinney asked for a list of what they need to change. Craig Barker said he will work with the City Attorney on this. Commissioner Residori asked if some of the people who know about the problems could write up a list of the problems. Craig Barker said staff will be glad to have any help with this. Planning Commission Meeting 7 March 2012 Page 6

278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 Commissioner Quinney said they need to work together. He said the other concern is the HOAs are failing. There was discussion on the case of letters of credit expiring and failing. Craig Barker talked about the tracking system that he used with the County to ensure that didn t happen. The City was at fault in that. Craig Barker said it s partially the Planning Commissions fault. It s not somebody else. The Planning Commission has to take on some of the blame for allowing it. He said there are some issues that can t manage and that is why they require that each phase of the PRUD to stand alone on its own merit. Commissioner Brown said they discussed in the last meeting that there needs to be enough homes built to support the HOA. Craig Barker said how do you ensure the developer finishes the project especially when the economy is bad. Craig Barker said they need to decide if there is something they can do. Commissioner Quinney said let s get a list so they can do something. Craig Barker said staff will do that. He said if anyone wants to send him something they can and the Planning Commission can discuss it and put it on the list. Commissioner Quinney said he knows what they talked about. Commissioner Thomas said 100% of improvements are to be covered. He said the developers should pay their equal share per lot. Craig Barker said the problem is the CC&R s give the developer control, three votes for every lot they own. He said this is allowed because if the PRUD is half built the home owners can out vote him. There are some reasons why this is done but there are reasons not to also. Commissioner Brown asked Gary Kerr at what point do street lights go in. Gary Kerr said a developer has two years to complete the development and usually the street lights are one of the last things to go in. Craig Barker said the City took over the street lights. Gary Kerr said we don t allow private streets in PRUDs anymore so we make sure the streetlights go in. Streetlights are supposed to be on every corner and every 600 feet. Commissioner Brown said there aren t in her area and she is very concerned. Gary Kerr said we require the developer to give the City the money and we make sure they get installed. 8. ADJOURNMENT. Commissioner Residori moved to adjourn. Commissioner Brown asked if we have heard anything more about Smith s. Craig Barker said he has been told that there is someone interested in buying part of the Powell property for an assisted living facility back there. He said he was told Smith s was interested in buying a portion Planning Commission Meeting 7 March 2012 Page 7

324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 of the Powell property, but not all of it. He has not heard any concerns with that but it would have to be rezoned to do there. There was general discussion regarding assisted living facilities and the impact they have on an area. Commissioner Quinney said there is a motion on the table. Commissioner Brown said the comment portion is very important and educational. Commissioner Thomas seconded the motion. Voting on the motion: Vice-Chairman Dalpias yes Commissioner Brown yes Commissioner Quinney yes Commissioner Residori yes Commissioner Thomas yes Motion was approved unanimously. The meeting adjourned at 8:45pm. Planning Commission Chair Planning Commission Secretary Date approved Planning Commission Meeting 7 March 2012 Page 8