REGULAR PLANNING COMMISSION MEETING
Thursday, May 15, 2003 7:00 p.m.
Public Safety Building
3925 W Cedar Hills Drive, Cedar Hills, Utah
Present: Heath Clark, Chair
Commission Members: David Brenchley, Alan Petersen, Steve Kroes, John Swenson
Konrad Hildebrandt, City Manager
David Bunker, City Engineer
Gretchen Gordon, Deputy City Recorder
Brad Kearl, Zoning Administrator
Rodney Despain, City Planner
Others: Dave Goeres, Scott Jones, Jill Downs, Ralph Castillo, Sharon Haddock, Robert Ogden, Wayne Wiles, Teri Wiles, Brandon Pulsipher, Mark Oswald, Eric Richardson, Mark Webb, Rob Olsen, Jerry Hoke, Kelly George, Russell Smart, Travis Smart, Audrey McGee, Suzy Shumway, Lane Debois - New Utah, Shanna Wilkinson, Donna Bingham, Monica Pace, Craig Kaccmarek, Ray Daniels, Bryan Willden, John Hart, Lane Lyon, Matt Wuscher, Duane Bernards, Ren Woodall, Glen Rose, Clay Collins, Brian Coleman, Kent Seamons, John Howard, Derek Evans, Sheldon Muir, Jeff Beaujeu, Marlaine Layton, Louis Willite, Jim Cheney, Robert Louder, Linda Seamons, Greg Williams, Ken Cromar, Todd Boley, Jared Stevenson, Pete Balderree, Katarina Felsted, Brian Champagne, Marie Chafi, Doug Chafi, Kristin Hatch, Phil Hatch, Michelle Martin, Ken Bacan, Kim Wells, Scott Baird, Carl Volden, Eddie Sorensen, Chris Wilson, Peter Chapman, Eric Castle, Wendy Castle, Heidi Castle, Michelle Scott, Aaron Scott Belnap, Linda Belnap, Diane Kirk, Ken Kirk, Jolene Harr, Budd Harr, Kenna Mills, Reed Neubert, Jane Hansen, Wendy Anderson, Maren Oborn, Mary Brimley, Heather Moore, Mike Moore, Darin Lowder, Jen Davis, 7:10 p.m. - Kistin Eberting, Lynn Snow, Michelle Snow, Lynn McCrary, Liesl Bernards, Todd Lewis, Lance Garvin, Kit Hawkins, Kris Hawkins, Coleen Hayes, Blane Watkins, Laura Birsch, Michael Kirsch, Andrea Barry, Marva Poulsen, Robert Johnson, Jason Steelman, Don Paulsen, Tamsen Boley, Magie Spencer, Irene Turner, Liana Chapman, Lisa Durtschi, Clay Wicks, Tammy McPherson, Stephanie Collins, Lindsey Davis, Todd Smithson, (7:15 p.m.)O Dana Adock, Mike McGee, Lanae Clark, John Owens, Phil Eslinger, Steve Brimley, Paul Eberting, Brian Boulter (7:37 p.m.) David Adamic, John McDaniel, Ellen Bahr, Matthew Whitaker, Stephen Tiffany (7:48 p.m.), Jolene Hope (7:49 p.m.), Laurel Bradshaw, Jeanne Mather (8:15 p.m.), Craig Gardner (8:25 p.m.), Curtis MacPherson, Nelda MacPherson
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.
2. Appointment of Vice Chair & Swearing in of new Planning Commission members (7:05 p.m.)
Gretchen Gordon swore in Alan Petersen as a member of the Planning Commission.
MOTION: C. Kroes - To nominate John Swenson as Planning Commission Vice Chair. Seconded by C. Brenchley.
Aye - C. Brenchley
C. Clark
C. Kroes
C. Swenson
C. Petersen Motion passes.
3. Approval of Minutes from the April 10, 2003, Regular Planning Commission Meeting (7:08 p.m.)
MOTION: C. Clark - To approve the minutes of the April 10, 2003 Planning Commission meeting. Seconded by C. Swenson.
Aye - C. Brenchley
C. Clark
C. Kroes
C. Swenson
C. Petersen Motion passes.
4. Review/Discussion on Proposed Site Plan for Walmart (7:09 p.m.)
See handouts. Konrad Hildebrandt stated that the City has met with representatives of PacLand, regarding this proposed development for the commercial sector. They have been through 3 site plan reviews and have been favorable to work with. The Committee has asked for numerous items, which are reflected in this site plan. Shell MacPherson from PacLand and Dave Phelps from their architectural firm were in attendance. Each member of the Planning Commission received a copy of the proposed site plan in their packet. Additional, grading, drainage and landscaping plans were included as well as a site survey. The land use is appropriate. The role of the Planning Commission is to make a recommendation to the City Council after assuring that the proposal is consistent with the objectives of the City. The draft document of the guidelines will also need to have the Planning Commission’s interpretation, where applicable to this site. The Planning Commission can either have a majority vote in favor if they feel that it meets the objectives or it may be sent to the City Council with a negative recommendation from the Planning Commission.
Shell MacPherson, PacLand, is making application for Walmart. They are happy to be here and make a presentation for a fantastic building. There are a number of issues that have and will be addressed:•The development was shifted to the west to allow for other development, making this more forward on the site.
• Minimized parking lot as much as possible.
• Eliminated out-pads for retail development, still maintaining a fuel lot at 4800 West.
• Proposing an outlet at the corner of the roundabout that could mirror the adjacent property to the south.
• Added extensive landscaping around perimeter.
• Shielded building with extensive landscaping and screening with a buffer wall to the residents to the north.
• Screening building and compressors to neighbors.
• Walmart has done a study and determined that they would like to include a community store with a current store being 4 miles from here, another 7 miles in Lindon, 10 miles in Orem. Not planned as a regional store or to draw customers from far away. These stores can fit into the community and they won’t be drawing from 25-30 miles away.
• Architectural plan that fits into the Early American/Jamestown look. Still preliminary at this point.
• They are willing to listen to citizenry comments.
• This site is zoned for commercial, but master planned for retail.
• A major anchor is needed to commit to this site and then it will be surrounded by other development - on 18 areas, they are going to maximize the site.
• Lighting, traffic and noise issues are present still.
• 24-hour stores have security cameras and officers.
• Lighting has been reduced with zero spillover.
• Sound wall, visually pleasing as well.
• On Cedar Hills Drive, the intent is to shield and screen the tire and lube express.
• 158,000 square feet, general merchandise and grocery.
• Studies have been done that show this area will support this store. A lot of money has been put into architectural features, landscaping and long-term investment. It is more expensive to expand an existing store than build another store.
• Truck deliveries - The hours and distribution plan is through Walmart and select carriers - 39 semi trucks a week - less than 6 per day. Very efficient - typically through the day hours, non peak hours. There are some occasions where they may be later, but the City can stipulate hours of delivery and restrict them.
• Compressors on north side of store for grocery - housed behind sound, block wall. Roof top units are screened, etc.
• Three different color tones for the building - brick material is 4"x16"; corner features are cultured, stamped stone coins; dormers on front of building; material around front is stucco faced exterior finish; around garden center - black wrought iron fencing; horizonal banding around building; gables to add dimension to the building.
• Consultants are willing to hold open houses to field questions and concerns.
Concerns from Planning Commission:
• This is a high intensity use - the most intense uses were supposed to be out towards 4800 West instead of close to the residential.
• Hours of operation - no more than 24 hours, 6 days a week. This has been discussed with site plan. This will be determined by City Council. Hours of operation were to decrease as they go closer to residential.
• Main Street USA, 20th Century look. Jamestown look started with areas east of this site. The main goal of this retail area was to go with this look.
• Scale down to human scale - possibility of flopping the store.
• Hiding parking - landscaping should berm to shield parking.
• 30% of site should be landscaped - overall square footage.
• Promote pedestrian access, walkways through this area.
• Design elements - balconies, projections - have installed gables.
• Lighting - types and locations need to be submitted for preliminary site approval.
• Walmart would bring tremendous benefit, convenience, and sales tax revenue would be welcome.
• Strangers in close proximity of elementary school.
• Parking overflow from high school.
• Current rendering is improved over typical, but would like to see more.
• Available parcel supports this size of store.
• Are other nearby parcels being considered if this site is not approved?
• There has to be some give and take - this may not be ideal but there has to be concessions.
• Noise and light generated by building; trash compactor, compressors.
• Traffic study.
• Walmart will own the out-lots; they will sell Outlot #1 to mirror area opposite of the roundabout.
• Outside sales area - concern about duration of displays.
• Drainage.
• Utilities - lighting on north side would come off of building.
• Location of signs for the store.
• Traffic Study started counts on intersection last week and are doing the evaluation. Traffic projections are available for Walmart, but the analysis has not been done. They will consider land use of surrounding areas. About 70% anticipated on 4800 West and about 30% dispursed throughout Redwood and Cedar Hills Drive. Peak traffic for Walmart may be different from peak traffic for schools.
• Need lighting, revised storm drainage, traffic study, access locations for church shown on site
• Hold Public Hearing? - The City Council must have a Public Hearing during their review of this proposal, but holding an informal Open House may be better suited to answer and ask questions. Notes need to be taken to ensure that concerns and questions can be brought to the attention of the City Council.
MOTION: C. Petersen - To propose a meeting where the citizens can voice their concerns and the commission can hear those. Schedule those in a timeframe that proper notice can be given. Seconded by C. Kroes.
Aye - C. Brenchley
C. Clark
C. Kroes
C. Swenson
C. Petersen Motion passes.
Discussion about holding this on May 29th. They will look to hold this at a school or location that would allow more residents to attend. Notice will be published in the paper, posted throughout the City and a sign could be erected. Shell MacPherson stated that his understanding is that the Commercial Development Design Guidelines have some flexibility because they have not been formally adopted, but are established as guidelines.
Walmart does have pro-typical store sizes that work and there are some limitations and constraints to access, parking, etc. This is a unique situation with the proximity to residential. By definition, these are guidelines that do have some flexibility. There may be some issues that Walmart may be flexible on, but there may be others that they are not. Mr. MacPherson stated that he did not want to see this process rushed, so holding off until this can be properly noticed would be good. Discussion about holding the Open House on June 12th. Open House on June 12th and moving the Planning Commission meeting to another date.
MOTION: C. Clark - To change the date of the previously approved Open House to June 12th, at a location to be formalized, but proposed to be at Cedar Ridge Elementary School, if possible. Seconded by C. Kroes.
Aye - C. Brenchley
C. Clark
C. Kroes
C. Swenson
C. Petersen Motion passes.
C. Swenson stated that whatever decision is made will not please everyone. There will have to be some concessions made by the City, developer and residents.
MOTION: C. Clark - To change the Planning Commission schedule and cancel the regular meeting scheduled to be held on June 12th and move it to hold a Special Meeting on 19th. Seconded by C. Petersen.
Aye - C. Brenchley
C. Clark
C. Kroes
C. Swenson
C. Petersen Motion passes.
5. Review/Recommendation on Nuisance Ordinance (9:18 p.m.)
See handouts. Brad Kearl, City Zoning Administrator, stated that the City’s Nuisance Ordinance was originally adopted in 1980. There have been many changes in the City and this ordinance is incomplete. He has reviewed the ordinances from other cities. The existing ordinance does deal with weed abatement, dilapidated houses, but did not include any good penalty provisions. This proposal, he feels, would address current as well as future needs. Enforcement needs to be clearly defined so that the citizenry is aware - currently the City reacts on a complaint basis because there isn’t the staff to actively police the City. Areas of discussion:
• Page 2 - definition for “property” needs to be reworded.
• Page 2 - term “responsible person”
• Page 3 - nuisance definitions 1C(3) and 1D.
• Page 3 - specific nuisances - “may”
• Page 4 - drug house - “controlled” is illegal drug. Party house - have attorney review.
• Page 5 - (24) Graffiti - time to abate.
• Page 6 - (28) Inappropriate Conduct - landowner the responsible party? Person responsible for the nuisance.
• Page 10 - Administrative Citation - clarify that citation should be sent to last known address.
• Page 13 - lien for costs.
• Appeal process - hearing officer (city manager).
• Page 11 and 12 Timing - monetary fine $100/day during 1st week; $200/day thereafter. The City will work with owners for individual cases on timing and compliance. The 2 weeks is adequate for compliance, appeal within 10 days.
• Page 7 - required landscaping - on-site drainage issues should be addressed.
MOTION: C. Brenchley - To recommend approval for amending the ordinances defining nuisances, subject to legal review and issues that were addressed by C. Petersen, noted above. Seconded by C. Swenson.
Aye - C. Brenchley
C. Clark
C. Kroes
C. Swenson
C. Petersen Motion passes.
6. Committee Assignments (9:55 p.m.)
C. Brenchley - No report from Parks/Trails Committee. This will be his last meeting due to his family moving out of Cedar Hills.
Discussion about holding a training session for the new Planning Commission members. Discussion about holding a work session prior to the next meeting.
7. This meeting was adjourned at 9:55 p.m. by C. Kroes, seconded by C. Clark and unanimously approved.
/s/ Kim E. Holindrake
Approved by Commission: Kim E. Holindrake, City Recorder
June 19, 2003