August 11, 2010
PLANNING COMMISSION MINUTES OF MEETING
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.
OPENING COMMENT/LEGISLATIVE PRAYER Vice Chair Fillmore
MINUTES REVIEW AND APPROVAL
Minutes of the Planning Commission meeting held July 14, 2010 were reviewed. Commissioner Duncan made a motion to approve the minutes as written. The motion was seconded by Commissioner Rasmussen and passed by unanimous vote (4-0).
PUBLIC HEARING – LEGACY CROSSING AT PARRISH LANE, A MIXED-USE DEVELOPMENT, AT THE CORNER OF PARRISH LANE & 1250 WEST - Consideration of the following: 1) Preliminary subdivision plat for Legacy Crossing at Parrish Lane development; 2) Conditional use permit approval for the Legacy Crossing at Parrish Lane Planned Center, and; 3) Final site plan approval for Phase 1; which consists of the Megaplex Theatre. Dan C. Bridenstine, U.S. Development, Applicant.
Brandon Toponce, Assistant Planner, reported the applicant is seeking three approvals for the Legacy Crossing mixed-use planned center development: a final site plan approval for Phase 1; a conditional use permit; and a preliminary subdivision plat. Mr. Toponce reviewed all three applications as listed in the staff report dated August 11, 2010.
The final site plan application for Phase 1 includes the proposed Megaplex Theater with all other associated accessory uses and some public and private improvements (i.e., public space, roadways, round-about, and landscaping). All details of the final site plan and the planned center as a whole are described in a Development Agreement, to be finalized in the near future. Staff has reviewed the final site plan application and found it to be complete, including a letter from Zions Bank, stating funding is available. There are still some engineering concerns, but the City Engineer and Fire Marshal are comfortable if these concerns are conditioned with the approval. Mr. Toponce reviewed the previous conditions of the conceptual site plan approval, emphasizing a few items. The theater’s building height is within the permitted height per City ordinance. The loft/tower is exempt from the building height calculations because it is not occupied floor space. Fencing has now been added throughout the entire planned center and will consist of wrought-iron with entry rock columns. The fencing will help provide continuity throughout the project as well as help direct the public and provide safety for residents. Parking stalls for the theater use are slightly less than required (approximately 80 stalls), but will be made up per cross access agreements as future phases of the development are completed. Per the conditional use permit and the Development Agreement, those 80 stalls will have to be completed if, for some reason, no other phases of the development are completed. If all phases of development are completed as planned, the entire planned center will have more parking stalls than required per City ordinance. Staff has received a signage plan but it lacks details regarding size, appearance, and materials used. This will need to be submitted for further review. A new landscaping plan was distributed to the Commission this evening. The necessary landscape percentages will be met as all phases are completed. Landscaping for Phase 1 meets the necessary requirements. Staff feels the architectural design and color of the building are appropriate and meet the Parrish Lane Design Guidelines. Mr. Toponce reviewed the public spaces, including the pathways and the trellis plaza. Staff requests the applicant enhance the lighting on the building and within the public areas to emphasize architectural details and provide safety for pedestrians. The proposed Legacy Crossing appears to meet all the standards of the Planned Development Overlay and staff recommends approval of the final site plan application.
Conditional Use Permit
Mr. Toponce reviewed the criteria for a conditional use permit application. The proposed Legacy Crossing planned center development appears to be in harmony with the General Plan. This will be the first mixed-use planned center on Centerville’s west side and will set precedence for future developments. It is uncertain how this development will affect businesses and uses, both existing and future. Staff feels there will be both positive and negative impacts to the city and surrounding areas because of this development. The planned center will increase revenue, generate jobs, and provide a new housing component. The planned center will also impact water/utility lines and traffic/roads. Staff feels these impacts have been appropriately addressed and mitigating factors have been set to help this development harmonize with surrounding and future uses. The Development Agreement details the improvements that will take place to help mitigate negative impacts. The City is working with the applicant to install appropriate water/utility lines that will service both the Legacy Crossing planned center as well as any future developments. The applicant will also be relocating a sewer line that currently runs under the movie theater site. This will be done prior to any preloading on the site. The Davis County Sewer District is aware of the project and is in favor of the sewer line relocation. Mr. Toponce explained the conditional use permit, in conjunction with the Development Agreement, outlines the contingency of the 80 parking stalls. If Phase 1 is the only phase to be built, the applicant will be required to install the remaining 80 parking stalls so the theater use can stand alone in accordance with City ordinances. The Development Agreement details the traffic/road improvements, including the enhancement of 200 North and the development of the Legacy Crossing Boulevard with a round-about on either end. These improvements will help traffic flow and circulation. The Legacy Crossing Boulevard will be maintained by the planned center and 200 North will be maintained by the City.
Cory Snyder, Community Development Director, explained a street signal light is planned for the intersection at Parrish Lane and 1250 West, but UDOT is the responsible party and the approval entity. Centerville’s Redevelopment Agency (RDA) is working with UDOT to try and expedite the installation of the traffic light at this intersection if possible. The RDA is also helping the applicant with the cost of upgrading the water/utility lines in the area so all future uses may have adequate service.
Preliminary Subdivision Plat
Mr. Toponce reported the preliminary subdivision plat appears to be complete. All items to be reviewed as part of a preliminary subdivision plat application have been covered with the final site plan, the conditional use permit, and the Development Agreement processes. It appears all dimensions, easements, lots, phases, etc., have been placed on the plat as needed. The Davis County School District has mentioned there will be no problem absorbing the projected amount of students for this development into the current school system. Mr. Toponce reviewed the previous conditions of the conceptual subdivision plat approval highlighting a few items. It appears there will be adequate snow removal for the development and there will also be three detention basins within the development to help with drainage. The applicant has yet to secure the necessary utility provider sheets but utility companies have been contacted and the process takes time. The applicant is prepared to provide the necessary open space easements for all common areas; however, this has yet to be recorded. The applicant will be required to apply for a final subdivision plat approval and will meet with staff for one final review prior to that approval. Overall, staff recommends approval of the preliminary subdivision plat application for the Legacy Crossing development.
Commissioner Kjar questioned the ability of the applicant to provide the remaining 80 parking stalls if Phase 1 is the only phase ever completed. The property for the remaining 80 stalls is not currently owned by the developer. How can a developer guarantee something on property that they do not own? Commissioner Kjar also questioned the timing for requiring the remaining 80 parking stalls.
Lisa Romney, City Attorney, explained the Development Agreement details all the conditions for the entire 28-acre development, including all cross access agreements and maintenance obligations. Once the Development Agreement is recorded, the property will be encumbered with these conditions, whether owned by the current property owner or the developer. The developer will purchase the property needed for each phase on an installment basis as the development builds out. Ms. Romney said it may become problematic to get the developer to install the remaining 80 parking stalls, but they are a party to the Development Agreement and it is a condition of their site plan approval. It may be in the applicant’s best interest to apply for a parking waiver/modification at this time.
Mr. Snyder said he does not believe a parking waiver/modification is necessary until it becomes known that future phases will not be completed. The Development Agreement is clear that the applicant will be required to install the remaining 80 parking stalls, if necessary. The Development Agreement also details the timeline and parameters for such a build out.
Commissioner Rasmussen questioned the installation of trees along the south side of Legacy Boulevard. She also questioned the caliper of the trees saying she would like to see more mature trees planted. She would also like to see additional landscaping/trees in the public trellis plaza. Vice Chair Fillmore agreed the public open space/trellis plaza would be more highly used if well shaded and landscaped. She also questioned the installation of tables in this area. It appears benches are the only amenity.
Mr. Toponce directed the Commission to the new landscape plan submitted this evening. There will be trees along both sides of Legacy Boulevard and within the public trellis plaza. Staff assumes there will be tables within the area as well, but this may be a question for the applicant.
Vice Chair Fillmore questioned the proposed fencing. She said it appears there is a great deal of chain link along the perimeter of the property. She would like to see a landscape buffering between fencing and the development. She also questioned the variation in height of the proposed wrought iron fence along Legacy Boulevard.
Mr. Snyder explained the existing chain link fence along the perimeter belongs to UDOT and borders the Frontrunner Commuter train and the railroad. There is no chain link planned or permitted within the Legacy Crossing planned development. There is a required 5-foot landscape buffer between UDOT’s property (railways) and Legacy Crossing. Mr. Snyder also explained the variation in fence height will provide decorative elements, directional assistance for pedestrians and safety for residents.
Commissioner Holbrook questioned possible options for beautifying the property between Legacy Crossing’s north property line and Parrish Lane (UDOT property/hill that leads up to the Parrish Lane Interchange). Mr. Snyder said there have been discussions with UDOT regarding this property and its beautification. Centerville’s Redevelopment Agency is reviewing possible funding options for this purpose.
The Commission discussed concerns regarding the proposed parking lot pole lights. More than one Commissioner agreed there should be fewer parking lot lights, but not at the expense of raising light poles to an extreme height. Commissioners also agreed the pedestrian lighting and building lighting on the theater should be enhanced as mentioned by staff to increase the architectural aesthetics of the development. Staff reviewed the thematic lighting for the development and explained the idea is to create more architectural/ambiance lighting by using fewer pole lights. This will also diminish the nuisance of light splay into residences. According to the lighting plan, the proposed pole height is 22.7 feet, which is lower than the permitted 25 feet.
Dan Bridenstine, applicant, said they are trying to get an audience with UDOT to discuss options for beautifying the northern property, between Legacy Crossing and the Parrish Lane Interchange, with some low-watering vegetation. He hopes as the Legacy Crossing project moves forward that additional funding options will become available for this purpose. Mr. Bridenstine said the public open space/trellis plaza will be shaded and highly landscaped. It will also have benches. There are no tables planned for this area as it will be used for various public activities and there are no planned food vendors in this area. He explained there is an enclosed outdoor private area off the theater building which will include tables and will be available for public use on a rental basis. There will also be other outdoor dining options as part of other restaurant pads within the development. Mr. Bridenstine reviewed the fencing plan, explaining it will frame the landscaping, enclose and secure the residential area, and direct pedestrians to trailheads and pathways. He also discussed the connectivity of the pathways throughout the development. Mr. Bridenstine said trees will be planted on either side of Legacy Boulevard during Phase 1 construction. The caliper of the trees will also be larger than required, as they tend to thrive better than a smaller tree.
Vice Chair Fillmore opened the public hearing.
John Baza, West Bountiful City Council Member, says he lives in a neighborhood within close proximity to the proposed Legacy Crossing planned center. He asked the Planning Commission to consider that the impacts of this development will go beyond Centerville’s boundary. He said West Bountiful will also feel the effects, both positive and negative, from this development. He said West Bountiful’s children are bused to Centerville Elementary School across the freeway but not to Centerville Junior High. He asked Centerville to continue to put pressure on UDOT to help manage traffic as it increases. He said he is not opposed to the Legacy Crossing planned development and feels this is a productive use for the site, but asked Centerville to stay vigilant in mitigating impacts. He said his neighbors are concerned with the amount of traffic and possible crime that may be generated with this development and its associated high-density residential.
Vice Chair Fillmore closed the public hearing.
MOTION – Final Site Plan
Commissioner Duncan made a motion for the Planning Commission to approve the final site plan for Phase 1 of the Legacy Crossing at Parrish Lane development, located at the southeast corner of Parrish Lane and 1250 West with the following conditions:
1. All professional services fees shall be paid and all necessary bonding shall be posted prior to construction permit.
Reasons for Action:
1. The final site plan approval follows the submittal procedures of Section 12-21-110(e)(2) of the Zoning Ordinance.
The motion was seconded by Commissioner Holbrook and passed by unanimous roll-call vote (5-0).
MOTION – Conditional Use Permit
Commissioner Rasmussen made a motion for the Planning Commission to approve the conditional use permit for Legacy Crossing at Parrish Lane, located at the southeast corner of Parrish Lane and 1250 West with the following conditions:
1. The conditional use permit shall be for Legacy Crossing at Parrish Lane located at the corner of 1250 West and Parrish Lane.
Reasons for Action:
1. The applicant has satisfied all applicable evidence and factors for a conditional use permit [Section 12-21-100(e)(3)(A-D, Section 12-21-100(e)(5)(A-K)].
The motion was seconded by Commissioner Duncan and passed by unanimous roll-call vote (5-0).
MOTION – Preliminary Subdivision Plat
Commissioner Fillmore made a motion for the Planning Commission to approve the preliminary subdivision plat for Legacy Crossing at Parrish Lane, located at the southeast corner of Parrish Lane and 1250 West with the following conditions:
1. Submit final plat to be recorded following the criteria of Chapter 15-4 of the Subdivision Ordinance.
Reasons for Action:
1. Review of the preliminary plat met the required information found in Section 15-3-103(1-21) of the Subdivision Ordinance.
The motion was seconded by Commissioner Holbrook and passed by unanimous roll-call vote (5-0).
COMMUNITY DEVELOPMENT DIRECTOR’S REPORT
a. The next regularly scheduled Planning Commission meeting will be held on August 25, 2010.
The meeting was adjourned at 8:45 p.m.