July 27, 2016

PLANNING COMMISSION MINUTES OF MEETING
Wednesday, July 27, 2016
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
Kevin Daly
Becki Wright
Logan Johnson, Vice Chair
Cheylynn Hayman
Scott Kjar

MEMBERS ABSENT
David Hirschi, Chair
Gina Hirst

STAFF PRESENT
Cory Snyder, Community Development Director
Brandon Toponce, Assistant Planner
Lisa Romney, City Attorney
Kathy Streadbeck, Recording Secretary

VISITORS
Interested Citizens

PLEDGE OF ALLEGIANCE

OPENING COMMENT/PRAYER        Kevin Daly

MINUTES REVIEW AND APPROVAL

The minutes of the Planning Commission meeting held July 13, 2016 were reviewed and amended. Commissioner Daly made a motion to approve the minutes as amended. The motion was seconded by Commissioner Wright and passed by unanimous roll-call vote (5-0).

PUBLIC HEARING | GENERAL PLAN AMENDMENT FOR THE WEST CENTERVILLE NEIGHBORHOOD PLAN - Consider the General Plan Amendment regarding Section 12-480-6, West Centerville Neighborhood Plan, Goal 1, Objective 1.I., reconsidering whether the I-VH (Industrial-Very High) Zoning District should continue in the future for this neighborhood.  Centerville City, Applicant.

Brandon Toponce, Assistant Planner, reported the Planning Commission and City Council have been concerned that the intensity of uses allowed within the Industrial-Very High (I-VH) Zone are no longer in harmony with the future of the West Centerville Neighborhood. At a previous work session (March 23, 2016) the Commission and Council discussed the idea of eliminating the I-VH Zone. During the work session concerns were raised that the I-VH uses conflict with future desires and that a continued mixture of office space, residential, entertainment, and business space may be best for West Centerville. Mr. Toponce reviewed the current policies for the West Centerville Neighborhood and the definition for the I-VH Zone. He also reviewed current existing uses and businesses within the I-VH Zone and how they may be affected by a change to the ordinance. He also reviewed possible impacts to the current surrounding mixed-uses if I-VH is maintained. Given the recent development of commercial and residential in West Centerville, staff agrees the I-VH Zone may no longer be feasible. The elimination of the I-VH Zone may help enhance the perceived value of the West Centerville and West Bountiful neighborhoods. It will also encourage future development that is more compatible with existing and desired future development. Mr. Toponce reviewed the proposed amendment to the General Plan eliminating the I-VH Zone from the southeast area of the Centerville Business Park District.

Cory Snyder, Community Development Director, said this is only step one of the process. He explained the General Plan is a policy not an ordinance. Eliminating the I-VH Zone from the General Plan simply shows a desire for future planning; it does not set a zoning map regulation. To ultimately eliminate the I-VH Zone from West Centerville a Zone Map Amendment will need to be completed. At this time, the City has not researched all the pros and cons of an amendment to the Zoning Map and does not have a specific goal in mind. This is a process that requires extensive study and planning. He said it could be argued that a General Plan amendment at this time is premature because there is not a set Zoning Map plan as of yet. However, if the I-VH is eliminated from the General Plan at this time then it would help discourage any future heavy industrial uses from locating in West Centerville until a full zone map planning process is completed or a better vision is foreseen as driven by the market. If the I-VH is eliminated the default zone could fall to Industrial-High (I-H). Mr. Snyder discussed current uses within the I-VH Zone. He explained there are a few businesses located in the I-VH Zone but that only one (Syro Steel), to this knowledge, is conducting business in a manner consistent with the Heavy Industry definition. The other businesses are less intense and their uses could possibly fall under the I-H Zone. In this one instance (Syro Steel), eliminating the I-VH Zone would create a non-conforming use after a Zone Map Amendment is completed. However, all the businesses within the I-VH Zone have the right to use their property according to I-VH definition at this time.

Vice Chair Johnson opened the public hearing.

Mark Green said he has owned a business in the I-VH Zone in West Centerville since 1978. He said this is the fifth time the City has asked him to leave. He said his company has supplied all the water pipes and road materials for the City over the years and he does not appreciate being pushed out. He said I-VH should not be eliminated. He said the City talks about negative impacts of the I-VH Zone, but he said it is him that has been negatively impacted by current development. Mr. Green said this is unfair and it won’t matter if the I-VH Zone is stricken from the books because it is clear that industrial uses are not wanted and there is no industrial business that would relocate to Centerville given recent developments, i.e., residential and commercial uses. He said the City has put him in a position where he cannot get a reasonable return on his property. He felt it will take significant money to make his relocation possible and the City is limiting his options. He agreed that his business no longer fits in West Centerville but he does not appreciate being forced out of the City, nor does he appreciate that his property value is being diminished. He said if Centerville wants him to go, then the City will need to think big and encourage big money to move in.

Richard Rowe said his small business also resides in the I-VH Zone. He said his business has served him well and he had hoped it would also provide him retirement once sold or redeveloped, but if the I-VH Zone is eliminated then so is his retirement. He agreed that it doesn’t matter what the zoning designation is because Centerville has already made it clear to industrial companies that they are not wanted. He said this makes it difficult to turn over a business. He agreed it will take big incentives and big money to make any redevelopment worthwhile. He asked the Commission to consider the negative effects this type of decision makes on those that have been here for many years, who have put their blood, sweat, and tears into Centerville, and not just those that might come in the future.

Bob Mason questioned what types of zones could replace the I-VH if eliminated. He said the City claims there is not a plan for the West Centerville Zoning Map and yet it is listed as an agenda item for the Planning Commission to discuss in a couple weeks. He said if there is not a plan then the General Plan should not be amended at this time and if a zone map amendment truly takes time to study then it should not already be listed on a future agenda.

Seeing no one else wishing to speak, Vice Chair Johnson closed the public hearing.

Mr. Snyder said a possible Zone Map Amendment discussion is already listed on a future Commission agenda in order to meet noticing requirements. This was simply in anticipation that the Council may direct the Commission to discuss this issue further after tonight’s General Plan decision moves forward to the City Council for final approval. The agenda item may or may not move forward but the posting of the future agenda item will allow the beginning of the zone map amendment process if needed. He reminded the Commission and the public that a Zone Map Amendment will include additional public hearings and encouraged additional public comments at those times.

Vice Chair Johnson clarified that tonight’s decision is regarding the General Plan, a future visionary policy. He said eliminating the I-VH from the General Plan simply shows that Centerville no longer envisions I-VH in the future for this area. Mr. Snyder agreed. He said the assumption is that the I-H Zone would replace the I-VH Zone until a map amendment process can be completed. The City has yet to know what the best vision and subsequent zoning for this area of the City would be. After research and discussions, it may be found that I-H is also not the best vision for this area, this is the beauty of the process.

Lisa Romney, City Attorney, asked how the Syro Steel use is currently nonconforming.  Cory Snyder stated that they are not currently nonconforming.  Ms. Romney then explained that Syro Steel is a conditional use as a “heavy industrial” use in the Industrial Very-High Zone under the current Table of Uses.  So, even if Syro closed, another user could take over the use or apply for a new condition use under current zoning.  She also reminded the Commission that this is a two-step process.  Right now, the Planning Commission is only reviewing the proposed General Plan amendment to eliminate language regarding Industrial Very-High uses and zoning in West Centerville.  Even if the General Plan amendment is adopted by the City, a separate application would have to be processed and considered for any Zoning Map amendment to change the actual zoning of the subject properties.

Commissioner Hayman agreed that West Centerville has changed in such a way that it is clear that I-VH is no longer compatible nor desired. She questioned if the General Plan could be amended at this time to clarify this vision but the Zone Map amendment put on hold until there is a better understanding of what may be best in the future. She said this would allow current property owners to continue as desired and perhaps give the City time to see where the market may lead. Mr. Snyder said it is likely the Council will direct staff and the Commission to continue on with the zone map amendment, but that process could lead to no changes.

Commissioner Kjar agreed it is clear that heavy industrial uses are no longer desired in West Centerville and agreed it is not likely any industrial business would choose to locate here even if allowed. In this regard, he questioned if it is even necessary to amend the General Plan at this time. However, he also understands that amending the General Plan will help facilitate possible future goals. He said he is sensitive to current property owners and wants to make sure that any change is not prejudiced.

Lisa Romney, City Attorney, suggested that amendments should also be made to Section 12-430-3 of the General Plan.  Cory Snyder responded that Section 12-430-3 is only addressing existing conditions and that in his opinion no amendments are needed to this section.

Vice Chair Johnson made a motion for the Planning Commission to accept the General Plan Amendment and recommend approval to the City Council regarding Section 12-480-6(1.I.), as described:
12-480-6(1.I.) Remove the Industrial-Very High Zoning District in the extreme southeast area from this area of the Centerville Business Park District.

Reasons for the Action:
1.    The proposed amendment meets the requirements found in Section 12-21-070(d) of the Zoning Ordinance in relation to the general procedures.
2.    The current use of Industrial-Very High was found to be incompatible to the surrounding neighborhoods and to the future goals for the West Centerville Neighborhood Plan [Sections 12-21-070(d)(vi), 12-480-6(1.)]
3.    The proposed General Plan Amendment meets the approval standards found in Section 12-21-070(e) and 12-21-060(a)(2)(A) of the Zoning Ordinance for a comprehensive decision based on: incompatible development, does not promote the public interest for future uses, does not promote the public interest or general welfare.
4.    The remaining uses found within the I-VH Zone may continue to operate as is, following the nonconforming standards in Chapter 12-22 of the Zoning Ordinance.

The motion was seconded by Commissioner Hayman.

Commissioner Wright said this issue feels a bit like a “cart before the horse” situation but she also sees the value of providing a vision and a direction for future goals and planning.

Commissioner Daly agreed. He said it is clear this neighborhood is moving more and more toward mixed residential and commercial uses. It is clear that industrial uses are no longer desired but he too is sensitive to current property owners and their exiting uses. He said it seems the proposed amendment to the General Plan will not negatively impact current property owners and will allow them to continue.

Commissioner Hayman said she empathizes with the current I-VH property owners. She said she would like to protect property rights and property values. She also sees the value in amending the General Plan in order to provide direction in future planning.

Vice Chair Johnson called for a vote on the motion. The motion passed with 4-1 vote. Vice Chair Johnson opposed.

Vice Chair Johnson said he understands and agrees with both sides but chooses to err on the side of current property owners.

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
1.    The next regularly scheduled Planning Commission meeting will be held on Wednesday, August 10, 2016.
2.    Upcoming Agenda Items:
•    Zone Map Amendment for I-VH Zone in West Centerville Neighborhood
•    Legacy Storage CUP & Final Site Plan
•    Martha’s Place (347 North 400 East) CUP & Conceptual Site Plan
•    Steve Tate, Code Text Amendment to allow storage in C-H Zone

The meeting was adjourned at 8:15 p.m.

__________________________________            ____08-10-2016_____
Logan Johnson, Vice Chair                                          Date Approved

__________________________________
Kathleen Streadbeck, Recording Secretary