SMITHFIELD CITY PLANNING COMMISSION June 17, 2009 MINUTES

Transcription

1 SMITHFIELD CITY PLANNING COMMISSION June 17, 2009 MINUTES The Planning Commission of Smithfield City, Utah met at the City Council Chambers, 69 N Main, Smithfield, Utah at 7:00 pm on June 17, The following members were present constituting a quorum: Chairperson Commission Members Alternate Commissioner City Staff Deputy Recorder Planning & Zoning Staff City Council Member Rik Vernon Bryant McKay Michael Paskett Jamie Anderson David Price Roger Douglas Barbara Kent Richard Jewkes Brenda Smith Char Izatt Jon Wells Clay Bodily Brent Buttars Excused: The notice was provided to the Herald Journal and delivered to each Commission Member and posted at the City Office Building, the Smithfield City Web Page and the Utah Public Meeting Notice web site. The meeting was called to order by Chairperson Vernon at 7:00 p.m. Opening Ceremonies: Roger Douglas Visitors: Heidi Chappell, Dale Chappell, Steven Edwards, Ken Thornley, Zak Thornley, Shauna Elleman, Dustin Elleman, Frank Joyner, Amber Joyner, Barbara Gutke, Lynn Dunn, Ryan Rogers, and Tom Gibbons. Workshop Session: The Commission will continue discussion on Group Living Facilities and review sample ordinances. Page 1 of 11

2 Chairperson Vernon introduced the topic and noted that the commissioners had been provided with three group living facility sample ordinances. Char Izatt explained that Ogden did a study about group living facilities and that she had a copy available if any of the commissioners wanted to peruse it. She stated that she liked the extensive definitions listed in the Wellsville ordinance. Commissioner Price observed that Wellsville had two group living facilities. Char Izatt noted that she had given the commissioners information to help them put together something for the following meeting. Commissioner Paskett stated that he felt the ordinance should be short and to the point. Commissioner Price observed that the major question would be which zones group living facilities would be allowed in. He stated that everything else would be fairly straight forward. Commissioner Kent inquired if all of the types of facilities needed to be allowed in the same zones. Char Izatt answered that different types of homes could be allowed in different areas. Commissioner Price noted that citizens would not want rehabilitation centers to be located in residential zones. Commissioner Paskett asked if there were any federal guidelines that the Commission would need to consider. Char Izatt replied that there were federal guidelines that the Commission would want to consider before finalizing the ordinance. Commissioner Price observed that group living facilities sometimes have security problems. Commissioner Kent noted that group living facilities would need to be allowed somewhere within the city. Commissioner Price explained that the group home in Wellsville is located in an agricultural zone. Commissioner Douglas asked if North Logan had a group living facility ordinance. Page 2 of 11

3 Char Izatt explained that they do, but that she did not have time to procure it as a sample ordinance. Commissioner Paskett inquired if the sample ordinances followed the federal guidelines. Char Izatt stated that to her knowledge they did. Commissioner Kent asked if the Commission could specify a land requirement for the facilities. Jon Wells explained that group living facilities are private businesses and that the residents are often from out of state. Chairperson Vernon read that Wellsville allows six residents per home in residential zones and twelve residents per home in agricultural zones. He noted that they only allow the homes to be constructed in part of their commercial zones and don=t allow them in industrial zones. Jon Wells observed that the group facility would house residents and that they would not be wanted in commercial and residential zones. Chairperson Vernon opined that residents would be upset if a group living facility were built in a residential zone. He stated that it would be easier to put them in commercial zones. Commissioner Price noted that most group living facilities are constructed away from densely populated areas. Chairperson Vernon asked Char Izatt to get more information for the following meeting. Char Izatt asked the commissioners to research the issue before the next meeting. Chairperson Vernon stated that he would be willing to work on writing the ordinance. Commissioner Paskett stated he would help Chairperson Vernon work on the ordinance. Citizen Input No citizen input. Page 3 of 11

4 Consideration of Consent Agenda Minutes of April 15, 2009 Planning Commission Meeting The minutes from the April 15, 2009 Planning Commission Meeting were approved by consent. Consideration of a Boundary Line Adjustment between Lot 20 (524 North 230 East) and Lot 15 (510 North 230 East) of Hunter Meadows Subdivision requested by H. Frank & Amber Joyner. Zoned R Chairperson Vernon asked if the commissioners had any questions about this agenda item. Commissioner Price noted that the adjustment was already a signed agreement and the Commission=s approval was simply a formality in the process. Commissioner Kent noted that the agreement did not affect the property set backs. Commissioner Paskett made a motion to approve the Boundary Line Readjustment between Lot 20 (524 North 230 East) and Lot 15 (510 North 230 East). The motion was seconded by Commissioner Kent and unanimously carried Mrs. Amber Joyner asked a question about getting a signature from a city official on the application. Char Izatt explained that the City Manager or Mayor could sign the form for her. Julianna Walker has applied for approval of a Conditional Use Permit for a home based nail salon located at 297 North Main. Zoned R Chairperson Vernon noted that Mrs. Julianna Walker was not present and that the Commission would post pone the agenda item to give her time to appear. Elk Ridge Estates LLC has requested approval of the Final Plat (12 Lots) for Elk Ridge Estates Phase II, located at approximately 1150 East and 100 South. Zoned R Mr. Steve Edwards was present to present the plan. Page 4 of 11

5 Commissioner Paskett inquired about any changes to the plan. Mr. Edwards stated that nothing had changed on the plan and that they were just applying for the second phase. Commissioner Paskett asked about run off from the development. Mr. Edwards stated that he has worked with Jim Gass on the issue and that the city staff had approved the run off. Commissioner Douglas made a motion to approve the Final Plat for Elk Ridge Estates Phase II located at 1150 East and 100 South, zoned R The motion was seconded by Commissioner McKay. Jon Wells asked Mr. Edwards about a potential turn around on a dead end road. Mr. Edwards replied that the turn around could be put in. The motion was approved unanimously. Ryan Rogers, agent for La Vayle Crossley, has requested approval of a Concept Plan for Sunset Meadows, a 12 Lot subdivision located at approximately 180 East and 600 to 800 South. Zoned R Chairperson Vernon stated that this agenda item would be considered later in the meeting after Mr. Ryan Rogers arrived. Ken Thornley, agent for Heritage Glass Inc., has requested approval of a Commercial Conditional Use Permit to recycle glass and to receive, crush, bag and ship glass. Located at 521 South Main. Zoned M-1. Mr. Ken Thornley explained that his business has been in Smithfield for eight years and they are growing. He noted that his business is located at 130 West 700 South and that he needs some additional space. He explained that he recycles glass by melting it down. Commissioner Anderson inquired about the noise produced by Mr. Thornley=s business. Page 5 of 11

6 Mr. Thornley acknowledged that noise was produced when the dump trunks dump the scrap glass. Commissioner Anderson asked if the business would occur inside of a building. Mr. Thornley explained that the scrap glass would be stored in a lean to and that the glass would be crunched inside of a building. He noted that the crushing process did not produce noise. He stated that he expected to receive one to two dump trucks a week of scrap glass on the property. Commissioner Douglas asked if the area was fenced. Mr. Thornley stated that there is a chain link fence around the property. Commissioner Anderson asked what hours of operation Mr. Thornley would have on the property. Mr. Thornley noted that his hours of operation would be 9:00 a.m. to 5:00 p.m. Commissioner McKay inquired what days of the week the business would operate. Mr. Thornley stated that employees would only be at the site on days that there was glass to crush. Commissioner McKay asked if Mr. Thornley intended to operate business on weekends. Mr. Thornley observed that the facility would not be used on weekends. Char Izatt noted that the business did not seem to be noisier than businesses that had been on the property in the past. Mr. Thornley stated that he would like his days of operation to be set at Monday through Friday and his hours of operation to be 8:00 a.m. to 5 p.m. Char Izatt asked about the amount of parking on the site. Mr. Thornley observed that there is a lot of parking around the building and that he would like the permit to allow him to have seven employees. Commissioner Kent inquired what the area looks like. Page 6 of 11

7 Mr. Thornley explained that there were plans to put privacy slats into the chain link fence. Commissioner Paskett made a motion to approve the Commercial Conditional Use Permit to recycle glass and to receive, crush, bag and ship glass, located at 521 South Main, with the conditions of 1. Days of operation being Monday through Saturday, 2. Hours of operation being 8:00 a.m. to 5:00 p.m. and 3. A limit of seven employees. The motion was seconded by Commissioner Douglas and unanimously carried. The Commission then returned to agenda item number six: Ryan Rogers, agent for La Vayle Crossley, has requested approval of a Concept Plan for Sunset Meadows, a 12 Lot subdivision located at approximately 180 East and 600 to 800 South. Zoned R Mr. Rogers stated that the subdivision would tie into the existing subdivision. He explained that they would be putting in a new road so that there would be two access roads to the development. Chairperson Vernon inquired about the width of the road. Mr. Rogers noted that if they were required to have a sixty foot road, they would like an exception on the setbacks for the homes. Jon Wells asked if a setback exception would be requested for lot number one. Mr. Rogers observed that the lot was large enough that it would not need a set back exception. Chairperson Vernon asked if any members of the audience had any questions or concerns. Mr. Dale Chappell explained that he lived in the existing subdivision and that he was present because he was curious about the layout of the subdivision and the traffic. He noted that he often views cars driving on the sidewalk near his home to exit the development. Commissioner Paskett inquired when the new road would go in. Page 7 of 11

8 Mr. Rogers observed that it would be constructed in the fall before any of the lots are developed. A motion was made by Commissioner Anderson to approve the Concept Plan for Sunset Meadows located at 180 East 600 to 800 South. The motion was seconded by Commissioner Douglas and unanimously carried. The Commission then returned to agenda item number four: Julianna Walker has applied for approval of a Conditional Use Permit for a home based nail salon located at 297 North Main. Zoned R It was noted that Mrs. Walker was not in attendance. Jon Wells observed that no parking was shown on the map of the home. Commissioner Paskett asked if the home was approved by the fire department. Jon Wells observed that Fire Chief Downs had been to the home. Commissioner Price made a motion to move the application for a Conditional Use Permit for a home based nail salon at 297 North Main to be continued at the meeting on July 15, The motion was seconded by Commissioner McKay and unanimously approved. Dustin & Shauna Elleman have requested approval of a Conditional Use Permit for a home based business to train and sell Police Service Dogs located at 323 South 455 East. Zoned R Mr. Dustin Elleman stated that the Commission probably had a lot of questions for him. He explained that he works for the Logan City Police Department and that he currently houses a police dog at his home for his job. He noted that all of the dogs he will keep at his house will be friendly and sociable with people. He observed that ninety percent of the dog training would not be done at his home and that the dogs would simply be housed there. Mr. Elleman explained that there would rarely be five dogs at his home and that he is very selective about which dogs he trains. He noted that he keeps all of his dogs in his garage at night and that he is very concerned about impacting his Page 8 of 11

9 neighbors. He stated that he would never have a vicious dog at his home. He explained that any training that occurred at his home would happen in the fenced back yard. Mr. Elleman stated that he uses drugs from the Logan City Police Department to train his dogs and that the drugs are stored at the Logan City Police Department and would not be a risk to the neighborhood. Commissioner Anderson inquired as to what breeds of dogs Mr. Elleman trains. Mr. Elleman replied that he trains Belgian Malinios. Commissioner Paskett asked how long it takes to train a dog. Mr. Elleman stated that training generally takes about two months. Commissioner Paskett asked about the height of the back fence to Mr. Elleman=s property. Mr. Elleman explained that the fence is five feet high and that he would extend it in the future. Commissioner Paskett inquired if the dogs were allowed to roam in the backyard. Mr. Elleman observed that the dogs are kept in their kennels unless he is in the backyard with them. Commissioner Anderson asked if Mr. Elleman had enough kennels for five dogs. Mr. Elleman explained that he has three kennels and would be installing a fourth. He noted that the fifth dog is a miniature dachshund that stays in the house. He observed that he does not keep the kennels locked to protect people, but to keep people from stealing his dogs. Commissioner Paskett asked who takes care of the dogs when Mr. Elleman is out of town. Mr. Elleman stated that another K-9 trained officer would take care of them or Chris Kleven does. Commissioner Paskett inquired if there would be an odor problem at the home. Mr. Elleman stated that he has an extra garbage can to dispose of the dog waste. Page 9 of 11

10 Chairperson Vernon asked if the neighbors were notified of the request. Mr. Elleman explained that one of his neighbors was upset he put up a fence because she enjoyed visiting his dogs. Commissioner Paskett made a motion to approve the Conditional Use Permit to allow a home based business to train and sell Police Service Dogs located at 323 South 455 East, zoned R The motion was seconded by Commissioner Anderson and unanimously carried. Dustin & Shauna Elleman have requested approval of a Conditional Use Permit to allow a Dog Kennel Permit for five (5) dogs located at 323 South 455 East. Zoned R Commissioner Paskett inquired if Mr. Elleman would be sticking with the same breed of dogs. Mr. Elleman explained if he ever got a different breed, it would be a Labrador. A motion was made by Commissioner Douglas to approve a Conditional Use Permit to allow a Dog Kennel Permit for five (5) dogs located at 323 South 455 East, zoned R The motion was seconded by Commissioner Paskett and unanimously approved. ADJOURNMENT Commissioner McKay made a motion to adjourn the meeting at 8:28 p.m. The motion was seconded by Commissioner Douglas and unanimously carried. Page 10 of 11

11 Rik Vernon, Chairperson Attested Charlene Izatt, Deputy Recorder Page 11 of 11