May 26, 2010
Planning Commission Minutes of meeting
Cory Snyder, Community Development Director
OPENING COMMENT/LEGISLATIVE PRAYER Commissioner Kjar
MINUTES REVIEW AND APPROVAL
The minutes of the joint City Council/Planning Commission work session held April 28, 2010 were reviewed. Commissioner Duncan made a motion to approve the minutes as written. The motion was seconded by Commissioner Markham and passed by unanimous vote (7-0).
The minutes of the Planning Commission meeting held May 12, 2010 were reviewed. Commissioner Rasmussen made a motion to approve the minutes as written. The motion was seconded by Commissioner Fillmore and passed by unanimous vote (7-0).
PUBLIC HEARING – CONDITIONAL USE PERMIT – SEASONAL SHAVED ICE STAND – 1097 SOUTH MAIN STREET - Consideration of a conditional use permit for a temporary use; consisting of a seasonal shaved ice stand to be located at approximately 1097 South Main Street, between the drive entrances of Zeponie’s Pizza and the Tri-Mart Gas Station, in the C-H Zone. Matt Weaver, Applicant.
Brandon Toponce, Assistant Planner, reported the applicant is requesting a temporary conditional use permit for Ice Breakers Shaved Ice stand. The stand is proposed to be located in the parking lot on the southeast corner of Pages Lane and Main Street adjacent to Zeponie’s Pizza. The applicant proposed to keep the stand open until September 6, 2010. Mr. Toponce reviewed the application as written in the staff report dated May 26, 2010. It appears the proposed use is compatible with surrounding uses and will not negatively affect the area or the community. Staff recommends approval with conditions. Mr. Toponce distributed a revised list of conditions for the Commission’s review.
Commissioner Pedersen questioned why the Rainbow Snow Shack, just north of this proposed location on Pages Lane, is not held to the same standards. Cory Snyder, Community Development Director reminded the Commission that the Rainbow Snow Shack was approved under old City ordinances and is therefore considered a legally non-conforming use. If the Rainbow Snow Shack ever comes to the City for a change, then they will be responsible to adhere to the current City ordinances.
Commissioner Duncan said there are two vacancies (3-D Video and Top Stop) that utilize this same parking lot. If a business were to come to either of the vacant locations, would there be enough parking to support another use and the Ice Breaker shaved ice stand? Mr. Toponce assured the Commission that there is plenty of parking in the area to support the uses. Any new use would also be subject to City approvals.
Commissioner Markham questioned the noise of the generator that is part of the proposed Ice Breaker trailer. He said a running generator is noisy and could be considered a negative impact on surrounding residents.
Commissioner Holbrook suggested revising condition #5 regarding garbage. He suggested adding more detail to state that garbage must be emptied when full and that all garbage must be removed from the site each evening to avoid it being scattered by weather or small animals. He also asked where the garbage will be dumped.
Matt Weaver, applicant, said the generator does not run full-time. It is only operated when there is a need for ice. He said they turn the generator on and shave a large amount of ice, then turn it off. It is only run intermittently. He also stated the lights in the trailer are powered by a battery; they are not powered by the generator. Mr. Weaver also explained that he has a pick-up truck where garbage will be placed each day. At the end of each day he will haul the garbage away.
Chair Pedersen opened the public hearing. There was no comment, he closed the public hearing.
Commissioner Fillmore made a motion for the Planning Commission to approve a conditional use permit for the shaved ice stand, located at 1097 South Main Street, with the following conditions.
1. A lease agreement from the property owner shall be submitted to City staff before issuance of the conditional use permit, a business license, or any other necessary permits may be issued.
Reasons for the Action:
1. A full application was submitted for a conditional use permit [Section 12-21-100(d)(1)].
The motion was seconded by Commissioner Kjar and passed by unanimous roll-call vote (7-0).
PUBLIC HEARING – CONCEPTUAL SITE PLAN – DAVE ROBERTS OFFICE/WAREHOUSE BUILDING – 603 SOUTH 800 WEST (FRONTAGE ROAD) - Consideration of a conceptual site plan for a new 1 or 2 story office/warehouse building; consisting of 4 suites, to be located at 603 South 800 West (Frontage Road), in the C-VH Zone. Jeff Cook, Cook Builders, Applicant.
Brandon Toponce, Assistant Planner, reported the applicant is requesting a conceptual site plan approval for a proposed office/warehouse building. The building will consist of four (4) suites and the applicant has provided three possible configurations for the suites. Mr. Toponce reviewed the application as written in the staff report dated May 26, 2010. After careful review of the application it appears the possible uses of the building are appropriate for the area and will not negatively impact its surroundings. There are several issues that will need to be resolved prior to final site plan approval, but staff feels that overall the conceptual plan is acceptable.
Commissioner Fillmore questioned the parking lot landscape requirement. She thought parking lot landscaping was only required if the lot was a certain size. She also questioned if there is an expiration date on the conceptual site plan approval. Mr. Toponce said there are requirements for parking lot landscaping that will need to be met with this application, but the applicant will not need to have the plans drawn by a licensed landscape architect. He also said, according to City ordinance, that the applicant has one year from the approval date of the conceptual plan to come before the Commission for final site plan approval.
Commissioner Holbrook questioned if the City can require two handicap parking stalls; one for a potential employee and one for the public. Mr. Toponce said parking stall requirements are set by the building code depending on the square footage of the building and all handicap stalls are counted within that number of necessary stalls. The applicant may choose to dedicate more stalls as handicap, but it is not required.
Jeff Cook, applicant, said he is aware of all the issues and is prepared to deal with each one as listed in the staff report. He explained the building will be one level with a slightly slanted roof from west to east. The proposed second story will be more of a mezzanine level within the structure. Since the building is so small there will be no roof-mounted equipment. There may be an air-conditioning unit on the ground, but it will be screened appropriately. All heating equipment will be located within the building. Mr. Cook said he is unsure who owns the billboard currently located on the property. The billboard is located on the southern edge of the property and should not pose any complication with the proposed construction. Mr. Cook mentioned that he will be approaching neighboring businesses to see if they are willing to share the cost of the needed water lines. He also explained that he will most likely bring in about four to five feet of fill dirt. He will meet the requirements as set forth by the City Engineer.
Commissioner Kjar questioned if there was any way the City could help share the cost of the new water lines that will need to be run to the property. He said this is a significant cost for one property owner to take on, when these lines could potentially be used by other property owners in the vicinity. Lisa Romney, City Attorney, said the property owner is generally the one to incur the cost of new water lines if they are needed for their private development.
Chair Pedersen opened the public hearing. There was no comment; he closed the public hearing.
Commissioner Duncan made a motion for the Planning Commission to accept the conceptual site plan for the Roberts Frontage Road Building, located at 603 South 800 West, with the following conditions:
1. All fees shall be paid.
Reasons for Action:
1. The applicant has clearly shown how the property may be developed [Section 12-21-110(d)(2)].
The motion was seconded by Commissioner Fillmore and passed by unanimous roll-call vote (7-0).
COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
The next regularly scheduled Planning Commission meeting will be held on June 23, 2010. (Note: Commissioner Duncan made a motion to cancel the regularly scheduled Planning Commission meeting on June 9, 2010 as no applications are ready for review. The motion was seconded by Commissioner Holbrook and passed by unanimous vote 7-0).
The meeting was adjourned at 8:20 p.m.