REGULAR PLANNING COMMISSION MEETING
Thursday, January 15, 2004 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Alan Petersen, Chair
Commission Members: Randy Hugie, Eric Richardson, Steve Kroes (7:07 p.m.), Paul Hammer (8:00 p.m.)
David Bunker, City Engineer
Rodney Despain, City Planner
Kim Holindrake, City Recorder
Gretchen Gordon, Deputy City Recorder
Jim Parker, Council Representative
Absent: Brendon Dayton, Carl Volden
Others: Karissa Neely - New Utah
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 at 7:05 p.m.
Chairman Petersen recognized Eric Richardson, alternate member, as a voting member of the Planning Commission this evening.
2. Swearing in of New Planning Commission Members (7:05 p.m.)
See handouts. Kim Holindrake swore in Alan Petersen as a voting member of the Planning Commission.
3. Appointment of Planning Commission Chair and Vice Chair (7:08 p.m.)
See handouts.
MOTION: C. Kroes - To nominate Alan Petersen as Commission Chair. Seconded by C. Hugie.
Aye - C. Hugie
C. Petersen
C. Richardson
C. Kroes Motion passes.
MOTION: C. Richardson - To appoint Steve Kroes as Planning Commission Vice Chair. Seconded by C. Petersen.
Aye - C. Hugie
C. Petersen
C. Richardson
C. Kroes Motion passes.
4. Assignment of Member to the Parks and Trails Committee (7:09 p.m.)
See handouts. C. Richardson stated that he would be willing to serve on this committee.
MOTION: C. Kroes - That Eric Richardson be the Planning Commission representative to the Parks and Trails Committee. Seconded by C. Hugie.
Aye - C. Hugie
C. Petersen
C. Richardson
C. Kroes Motion passes.
5. Approval of Minutes from the December 11, 2003, Regular Planning Commission Meeting (7:10 p.m.)
MOTION: C. Richardson - To approve the minutes from the December 11, 2003, Regular Planning Commission Meeting. Seconded by C. Kroes.
Aye - C. Hugie
C. Petersen
C. Richardson
C. Kroes Motion passes.
6. Approval Meeting Schedule for 2004 Year (7:11 p.m.)
See handouts. The staff proposed moving the meetings to the fourth Wednesday because the City Engineer will be attending the TSSD meetings on the second Thursday of each month and the City Planner only has openings the fourth Wednesday and Thursday of each month. C. Hugie and C. Kroes stated that Wednesday would be difficult for them. The consensus is to move to the last Thursday of each month, except for November and December when there are holidays. The changed meetings would be November 18 and December 16.
MOTION: C. Kroes - To adopt the calendar as stated. Seconded by C. Hugie.
Aye - C. Hugie
C. Petersen
C. Richardson
C. Kroes Motion passes.
7. Guidelines for the Design and Review of Planned Commercial Development Projects - Review Amendments made to Sections 1, 2 and 3 - Initial Review of Section 4 (7:20 p.m.)
See handouts. Many of the Planning Commission members wanted to spend more time reviewing this prior to formal action. The consensus is to delay this item until the next meeting when the Planning Commission could spend more time to review.
Review of subdistrict language that was put together by C. Kroes. (See Handout)
• Intensity - May want to add a definition.
• This verbiage was proposed to clarify that these districts do mean something to the “spirit” of the guidelines and can be the subject of approval or denial for proposals. The consensus not to have the subdistricts so rigid that there can’t be some flexibility and latitude given, but to give enough weight to make this a primary factor.
• Rodney Despain stated that as a general rule the courts will not interfere with the actions of a legislative body if it is reasonable and not arbitrary and capricious.
• Variations from the subdistricts may be permitted upon a finding that doing so would be beneficial to the overall commercial development.
• What is the comfort level of “over the line” of the subdistrict? Community benefit needs to be given more specific direction.
• Mitigating circumstances may be a factor in approval of variances.
• Possible criteria: The setback from the property line is increased between the residential and may be allowed to “spill over” into another zone.
• Discussion of residential components - Review this as it relates to ancillary to commercial. Only allow residential on the second level of commercial structures, maximum percentage.
• Consideration for uses with moderate variances of primary subdistricts may be considered if mitigating conditions exist, at the discretion of the Planning Commission or City Council, with a finding that the proposal shows the development would mitigate potential negative impact or enhance the overall project.
• Bulk and size of the building versus use of the building.
• C. Petersen does not want to have specific overlap measurements and numbers. The map showing the zones does not have specific coordinates, etc. so that may allow some flexibility. Additionally, these are just adopted as guidelines and not an ordinance.
• Consideration for uses with moderate variances from the subdistricts upon a finding that doing so does not negatively impact nearby landowners or land users.
• Reviewing tenants versus reviewing buildings.
MOTION: C. Petersen - To continue further consideration of the guidelines until the next meeting. Seconded by C. Richardson.
Aye - C. Hugie
C. Petersen
C. Richardson
C. Kroes Motion passes.
8. Committee Assignments and Reports (8:00 p.m.)
C. Richardson - C. Dayton did put together a small neighborhood meeting to try to gather information about hours of operation and 24-hour operation. Distributed information regarding potential factors of hours of operation and blue laws. (See handout.) There are some southern states who have their own blue laws. Review of court cases. C. Richardson was asked to summarize this issue for further review at the next meeting so that the Commission can begin to move it on to the City Council for legislative action. C. Richardson was also asked to put together a rough draft attempting to define the “Jamestown” and “Colonial” style that the City is envisioning for the Commercial District. (See handout.) Some of the items that he began to address: 1) Buildings being primarily brick, no vinyl or stucco, 2) Tile roofing materials, 3) High roof pitch - would allow a facade on larger buildings, 4)Substantial exterior moldings, see example on page 31 of Guidelines. C. Richardson will continue to work on more detail along these lines.
C. Volden - Not in attendance to review progress on Sign Ordinance.
Kim Holindrake swore in Paul Hammer as the second alternate of the Planning Commission.
9. This meeting was adjourned at 8:32 p.m. on a motion by C. Kroes, seconded by C. Richardson and unanimously approved.
/s/ Kim E. Holindrake
Approved by Commission: Kim E. Holindrake, City Recorder
February 26, 2004