February 11, 2015

PLANNING COMMISSION MINUTES OF MEETING
Wednesday, February 11, 2015
7:00 p.m.

A quorum being present at Centerville City Hall, 250 North Main Street, Centerville, Utah.  The meeting of the Centerville City Planning Commission was called to order at 7:00 p.m.

MEMBERS PRESENT
David P. Hirschi, Chair
William Ince (arrived at 7:09 p.m.)
Logan Johnson
Scott Kjar
Kevin Merrill
Debra Randall

MEMBERS ABSENT
Gina Hirst

STAFF PRESENT
Corvin Snyder, Community Development Director
Brandon Toponce, Assistant Planner
Lisa Romney, City Attorney
Katie Rust, Recording Secretary

VISITORS
Interested citizens (see attached sign-in sheet)

OPENING COMMENT/PRAYER    Commissioner Johnson

PLEDGE OF ALLEGIANCE

MINUTES REVIEW AND APPROVAL

The minutes of the January 28, 2015 Planning Commission meeting were reviewed.  Commissioners Randall and Merrill requested amendments.  Chair Hirschi made a motion to accept the January 28, 2015 minutes as amended.  The motion was seconded by Commissioner Randall and passed by unanimous vote (6-0).

PUBLIC HEARINGS │ZONING CODE TEXT AMENDMENT/ZONE MAP AMENDMENT │TAYLOR SPENDLOVE, BRIGHTON CENTERVILL LLC, APPLICANT

Chair Hirschi explained that the applicant has withdrawn the application and submitted a new application, which will be reviewed by the Planning Commission on March 11, 2015.

PUBLIC HEARING │TRI-CITY POLARIS │461 SOUTH 800 WEST

In November of 2013, the applicant requested a site amendment to add on to his existing building located at 461 South 800 West.  At that time, it was discovered that the property south of his building was never approved as part of the original site plan in 1996.  Since staff was notified of a violation, no additional alterations could take place until the violation was addressed.  The applicant, Bob Mason, requested the involvement of a Utah State ombudsman, who issued an opinion stating that no approval of use for storage was evident.  Mr. Mason has chosen to combine the subject parcel with his property to the east, which will allow him to receive an amended site plan for the entire lot.  Brandon Toponce, Assistant Planner, explained the request to utilize the east lot of the subject property for storage and display.  The applicant will be required to have 15% of the overall undeveloped area in landscaping.  The storage area must be screened from view with an opaque fence or wall.  The plans indicate the section along Porter Lane will be 90% opaque.  The applicant will need to submit additional information on the type and style of screening as part of the final amended site plan.  Mr. Toponce stated that the City Engineer would like a system to collect oils and silts added to the existing drainage in the area.  Lisa Romney, City Attorney, requested an additional condition requiring the applicant to install any public improvements or show evidence of a deferral agreement.

At 7:24 p.m. Chair Hirschi opened a public hearing.  Seeing that no one wished to comment he closed the public hearing.  Commissioner Merrill made a motion to accept the amended conceptual site plan for the proposed amendments concerning Tri-City on property located at 461 South 800 West, with the following conditions and findings.  Chair Hirschi seconded the motion, which passed by unanimous vote (6-0).

Conditions:
1.    An amended final site plan shall be submitted, meeting the standards found in Section 12-21-110(e) of the Zoning Ordinance.
2.    The applicant shall combine the east and west lot at the Davis County Recorder’s Office to create one parcel.  This information shall then be submitted to City staff as part of the final amended site plan application.
3.    Information concerning Best Management Practices (BMP) in relation to drainage and the containing of oils and silts shall be submitted to City staff for review on the final amended site plan.
4.    Landscaping detail, including total square footage and a total percentage shall be submitted with the final plans.  This landscaping detail shall also ensure that all applicable criteria found in Chapter 12-51 of the Zoning Ordinance has been met.
5.    A depiction of the opaque screening around the storage area shall be submitted as part of the final amended site plan.
6.    A decision on the total storage area, total display area and any parking, shall be submitted by the applicant with the final amended site plan.
7.    The applicant shall install any public improvements or show evidence of a deferral agreement delaying such installation.

Reasons for Action (findings):
a.    An amended conceptual site plan requires the applicant to go through the same procedural requirements as the original approval [Section 12-21-110(i)(2)].
b.    The applicant has clearly shown how the property may be developed [Section 12-21-110(d)(2)].
c.    Outdoor storage is allowed with an approved site plan [12-34-080(d)(2)].
d.    Outdoor storage must be screened from view by an opaque fence or wall [12-51-110(b)].

PUBLIC HEARING │THE PASTURE BUSINESS PARK │1275 NORTH 1300 WEST

Construction of the first building in the Pasture Business Park within the Shorelands Commerce Park (SCP) District has been completed.  Mr. Toponce explained the amended conceptual site plan application for the Pasture Business Park, which includes combining the remaining two building sites into one.  The plan also shows a small outbuilding (barn) on the far south end of the property adjacent to Barnard Creek and one on the east property line behind the second building.  Based on the application, the project meets or exceeds landscaping and parking requirements.  Staff recommend acceptance of the conceptual site plan, with an additional condition that the applicant shall receive approval from the County regarding the barn adjacent to Barnard Creek.

Troy Salmon, representing the applicant, stated that the desire to alter the site plan is driven by tenants wanting more space.  At 7:39 p.m. Chair Hirschi opened a public hearing, and closed the public hearing seeing that no one wished to comment.

Commissioner Randall made a motion to accept the amended conceptual site plan for the proposed amendments concerning the Pasture Business/Industrial Park development located at approximately 1275 North 1300 West with the following conditions and findings.  The motion was seconded by Commissioner Johnson and passed by unanimous vote (6-0).

Conditions:
1.    An amended final site plan application shall be submitted, meeting the standards found in Section 12-21-100(e) of the Zoning Ordinance.
2.    New elevation drawings depicting the architectural detail of the main structure shall be submitted.  This design shall match in color, material and architectural details of the already existing building; with the enhanced features being located on the west and south facing walls.
3.    Elevations for the newly proposed outbuildings shall be submitted with the final site plan application.  These buildings shall be designed to enhance the property and to blend in with the already existing building and the proposed second main building.  All design features shall follow the guidelines found in Section 12-68-070 of the Zoning Ordinance.
4.    Proposed “uses” of accessory buildings shall be submitted with the final site plan application.
5.    A new landscaping plan shall be submitted depicting all trees, plants and other vegetation to be planted on the new Phase II.
6.    The applicant shall receive approval from the County regarding the proposed outbuilding (barn) adjacent to Barnard Creek.

Reasons for the Action (findings):
a.    An amended conceptual site plan requires the applicant to go through the same procedural requirements as the original approval [Section 12-21-110(i)(2)].
b.    The applicant has shown clearly how the property may be developed [Section 12-21-110(d)(2)].
c.    With the above conditions addressed, the proposal will likely meet the requirements found in the Zoning Ordinance, in regard to development and design standards of the Shorelands Commerce Park (SCP) Zone [Chapters 12-47 & 12-68].

PUBLIC HEARING │ ZONING CODE TEXT AMENDMENT │ HOUSEHOLD PETS AND KENNELS

Ms. Romney stated that the proposed Zoning Code Text Amendment is intended to implement legislative changes adopted by the State Legislature that if any city or county has a dog limit, a service animal must be allowed in addition to that limit.  Centerville currently adopts the County limit by reference.  The County ordinance allows up to three dogs or cats in any combination, and requires cats to be licensed.  She recommended the Planning Commission hold a public hearing, and then table the issue to allow time for further discussions with the County.  The City does not have a separate licensing program independent of the County.  Mr. Snyder explained the County’s feral cat program.  Ms. Romney stated she would ask the County for clarification regarding whether the City would need to administer its own licensing service if the City pet limit were to differ from the County.  Centerville contracts with Davis County to provide animal control services.  Mr. Snyder recommended the City turn over as much as possible related to household pets to the County.  The Interlocal Agreement with the County for animal control services specifies that the City will adopt the County ordinance, but reserves the right to implement changes.

Chair Hirschi asked who a citizen should contact if a neighbor has too many animals.  Mr. Snyder responded that they would most likely contact Animal Control.  Animal Control would contact the Police Department, and the Police Department would contact Community Development.  He added that the County is pretty good at managing dogs and cats and coordinating with DWR on wildlife issues.  The City receives calls regarding local chickens and bees.

The Planning Commission and staff discussed the differences between household pet and kennel situations, and whether or not the City should have its own limits or default to the County ordinance.  The proposed Zoning Code Text Amendment suggests that in a residential situation animal keeping is for pleasure, not for profit.  Four or more dogs falls under the definition of a kennel.  Commissioner Ince pointed out that many dogs have more than five in a litter.  Ms. Romney responded that the ordinance includes an exception that a person may keep a litter of puppies that exceeds the limit for up to five months.  Mr. Snyder stated that commercial breeding establishments are well regulated, but residential cases of breeding can be problematic.  Commissioner Kjar said he likes the idea of remaining consistent with the County in this case.  Responding to a question from Commissioner Ince, Mr. Snyder stated that free-feeding is illegal under County ordinance.

At 8:01 p.m. Chair Hirschi opened a public hearing, and closed the public hearing seeing that no one wished to comment.  Commissioner Kjar made a motion to table the issue as requested by staff.  Chair Hirschi seconded the motion, which passed by unanimous vote (6-0).

NOVUSAGENDA TRAINING

City Attorney Romney gave training to the Commission on an update of the NovusAGENDA program used by the City.

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

The Planning Commission will meet next on Wednesday, February 25, 2015.

ADJOURNMENT

At 8:34 p.m. Commissioner Kjar made a motion to adjourn the meeting.  Commissioner Ince seconded the motion, which passed by unanimous vote (6-0).

_________________________        ____02-25-2015__________
David P. Hirschi, Chair                           Date Approved

_____________________________
Katie Rust, Recording Secretary