REGULAR PLANNING COMMISSION MEETING
Thursday, December 16, 2004 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Alan Petersen, Chair, Presiding
Commission Members: Paul Hammer, Carl Volden, Eric Richardson, Brendon Dayton
Absent: Steve Kroes
Konrad Hildebrandt, City Manager
David Bunker, City Engineer
Courtney Hammond, City Meeting Transcriber
Others: Sterling Coons, Steven Anderson, Holden Latimer, Chris Bahr, Cody Braithwaite, Paul Grosbeck, Al Shellenberg, High School Students, Karissa Neeley - New Utah (7:08 p.m.), Brent Uibel (7:10 p.m.)
1. This meeting of the Planning Commission of the City of Cedar Hills, having been posted throughout the City and the press notified, was called to order by C. Petersen at 7:00 p.m.
Paul Hammer was recognized as a voting member.
2. Approval of Minutes from the November 18, 2004, Regular Planning Commission Meeting (7:01 p.m.)
MOTION: C. Richardson - To approve the minutes from the November 18, 2004, Regular Planning Commission Meeting, as amended. Seconded by C. Volden.
Aye-C. Dayton
C. Hammer
C. Petersen
C. Richardson
C. Volden Motion passes.
MOTION: C. Richardson - To move Item #4 above Item #3. No second. Motion dies.
3. Review/Recommendation on Final Plat for Juniper Heights, Plats C and D (7:05 p.m.)
See handouts. The engineering has been reviewed by staff. The retention basin has been changed to work around the natural vegetation. The design of the retention basin draws the water out of the basin and into sumps. The connector between Sandalwood and Oak Road North is a pedestrian walkway; it is very steep with a grade of 11.6 percent. The developer plans to start the roads as soon as possible and will begin grading as soon as the plan is approved; they will start at the bottom near the retention basin. The developers would like to have pressurized irrigation lines connected by the middle of April. C. Petersen would like to see Mesquite Way paved before any building permits are issued so that construction traffic uses Mesquite Way instead of Ironwood Drive.
MOTION: C. Richardson -To recommend final plat approval of Juniper Heights, Plats C and D, subject to the following conditions: 1) Pedestrian access from Sandalwood to Oak Road North should be paved with removable bollards limiting access to pedestrians; this access has a maximum grade of about 15 percent, 2) Construction access to the project shall be from Cottonwood Drive only; no construction access will be allowed from Ironwood Drive, 3) The retention pond will be landscaped with native vegetation, and as such may have up to 2:1 slopes, 4) Subject to final engineering, 5) Water rights, and 6) Bonding. Seconded by C. Hammer.
Aye-C. Dayton
C. Hammer
C. Petersen
C. Richardson
C. Volden Motion passes.
MOTION: C. Volden - To move Item #5 above Item #4. Seconded by C. Richardson.
Aye-C. Dayton
C. Hammer
C. Petersen
C. Richardson
C. Volden Motion passes.
5. Review/Recommendation on Sexually Oriented Business Ordinance (7:27 p.m.)
See handouts. Last month, the Planning Commission reviewed this ordinance and considered putting in exact measurements of feet and locations where a sexually oriented business (SOB) can and cannot be located. As it stands, the ordinance states that no sexually oriented business can be located in a zone that does not allow for it. The City’s attorney felt that the language was adequate to protect the City and encouraged the Commission to pass the ordinance as it stands.
• C. Hammer felt that the ordinance should specify zones or areas where these types of businesses cannot be located.
• C. Volden felt that adopting an ordinance opens the door for this type of business and favors rejecting the ordinance.
• Legally, any restrictions written into the ordinance would need to be reasonable. C. Hammer felt the City should make reasonable restrictions that would not allow for those types of businesses.
• An ordinance in another City, which has been defended in court, states that a SOB cannot be located within 1,000 feet of residences, churches, parks or schools. Similar language should be added to Section 2 of this ordinance stating that any zoning for sexually oriented businesses cannot be within 1,000 feet of a residential zone, single or multiple family dwelling, church, park or school. This would effectively exclude sexually oriented businesses from Cedar Hills.
• C. Hammer has some issues with some definitions in the ordinance, specifically “seminude,” “specified anatomical areas,” and “specified sexual activities,” but felt that the definitions don’t need to be addressed until such a zone has been approved.
MOTION: C. Hammer - To recommend approval of the ordinance regulating sexually oriented businesses in Cedar Hills with the modification of: 1) Part 3, Section 2 adding the language that prohibits such zoning within 1000 feet of any residential zone, church, park or school, 2) Removing Item A, and 3) Re-lettering. Seconded by C. Richardson.
Eric Richardson felt is was important to not make substantial changes to the model ordinance created by the Utah League of Cities and Towns and that the City should not subject itself to excessive expenses or liabilities.
Aye-C. Dayton
C. Hammer
C. Petersen
C. Richardson
Nay - C. Volden Motion passes.
MOTION: C. Petersen - To move Item #6 before Item #4. Seconded by C. Hammer.
Aye-C. Dayton
C. Hammer
C. Petersen
C. Richardson
C. Volden Motion passes.
6. Approve Meeting Schedule for the Year 2005 (7:52 p.m.)
See handouts. C. Volden would like to change the day of the meetings because there are occasions when he will not be able to attend. After reviewing City staff’s schedules, Thursdays will be the best day. Rather than the last Thursday, the meetings will be the fourth Thursday of every month, which means that the March, June and September meetings will be changed to March 24, June 23, September 22.
MOTION: C. Hammer - To recommend the proposed 2005 meeting schedule, as amended. Seconded C. Richardson.
Aye-C. Dayton
C. Hammer
C. Petersen
C. Richardson
C. Volden Motion passes.
4. Review/Recommendation on Sign Ordinance (8:00 p.m.)
See handouts. The Planning Commission recommends the following changes:
• Page 3, Section C, Part 2 - State that in some conditions a shorter time period may be given.
• Page 3, Section C(3)c - State that the City can also tag the sign and after 7 days will remove and destroy the sign.
• Page 4, Section D - If the owner of the sign plans to appeal, they need to notify the City within 7 days, otherwise the City can destroy the sign.
• Page 3, line 28 - Change two weeks to seven days.
• Page 4, line 8 - Change two weeks to seven days and write definition for abandoned.
• Page 4, line 15 - Change 10 days to seven days.
• Page 4, line 35 - Change 45 days to seven days.
• Page 5, line 18 - Remove footnote 1.
• Page 5, line 25 - Remove the sentence that says “Any sign not specifically allowed here is also prohibited.”
• Move Section 6, “Prohibited Sign Devices” after “Temporary Signs” and change the order of the contents of the ordinance.
• Page 5, line 47 - Define temporary signs.
• Page 5, line 32 - Add language that deals with measurable quantities of light/brightness.
MOTION: C. Petersen -To table this item until the next meeting and have staff make the requested changes. Seconded by C. Richardson.
Aye-C. Dayton
C. Hammer
C. Petersen
C. Richardson
C. Volden Motion passes.
7. Committee Assignments and Reports (9:05 p.m.)
C. Richardson - Parks & Trails Committee judged the Christmas lights in the annual “Light Up Cedar Hills” contest.
C. Volden - Attended the City Council meeting and invited to the podium to give feedback on behalf of the Planning Commission about the Lexington Heights Assisted Living facility. The developer was planning to do the quoining in stucco. The City Council required more brick and required the quoining to be cast concrete and required Phase 2 of the construction to be completed within a certain time frame. C. Volden suggested that a Planning Commission member attend every City Council meeting. That is the purpose of having a Council representative at the Planning Commission meeting, but the representative isn’t at all the Commission meetings. Kim Holindrake will e-mail the Planning Commission members City Council agendas.
8. This meeting was adjourned at 9:08 p.m. on a motion by C. Petersen, seconded by C. Richardson and unanimously approved.
/s/ Kim E. Holindrake
Kim E. Holindrake, City Recorder
Approved by Commission:
January 27, 2005