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CLEARFIELD PLANNING COMMISSION MEETING May 7, :00 P.M. - Regular Session

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CLEARFIELD PLANNING COMMISSION MEETING May 7, :00 P.M. - Regular Session PRESIDING: Nike Peterson Chair PRESENT: Norah Baron Commissioner Becky Brooks Commissioner Joel Gaerte Commissioner Kathryn
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CLEARFIELD PLANNING COMMISSION MEETING May 7, :00 P.M. - Regular Session PRESIDING: Nike Peterson Chair PRESENT: Norah Baron Commissioner Becky Brooks Commissioner Joel Gaerte Commissioner Kathryn Murray Commissioner Timothy Roper Commissioner Robert Browning Alternate Commissioner Robert Allen Alternate Commissioner Michael Millard Alternate Commissioner Michael LeBaron Council Liaison STAFF PRESENT: Brian Brower City Attorney JJ Allen Assistant City Manager Scott Hess Development Services Manager Christine Horrocks Building Permits Specialist VISITORS: Stacy Horn, Michael Horn, Mary Gailey, Marshall McKinnon, Mark Rowley, Kathy Myers, Amber Huntsman, Brandon Thorpe, Sam Chelemes, Chris Chelemes, Teri Beames, Curits Beames Pledge of Allegiance was led by Chair Peterson. APPROVAL OF AGENDA Commissioner Brooks moved to accept the agenda as written. Seconded by Commissioner Baron. The motion carried on the following vote: Voting AYE: Commissioners Baron, Brooks, Murray, Roper and Browning. Voting NO: None. APPROVAL OF MINUTES FROM APRIL 2, 2014 PLANNING COMMISSION MEETING Commissioner Murray moved to approve the minutes from the April 2, 2014 meeting. Seconded by Commissioner Roper. The motion carried on the following vote: Voting AYE: Commissioners Baron, Brooks, Murray, Roper and Browning. Voting NO: None. DISCUSSION ON SP REQUEST FOR SITE PLAN APPROVAL TO ADD AWNINGS TO EACH SIDE OF AN EXISTING BUILDING LOCATED AT BUILDING D-2, FREEPORT CENTER Scott Hess had a photo that showed the location of the two awnings that would be added to an existing smaller building east of Building D-2. He said the building housed mechanical equipment to aid in steel processing and the awnings would keep the equipment and raw materials from the weather and from rusting. Mr. Hess said the awnings were 2,000 square feet Clearfield City Planning Commission Meeting Minutes May 7, 2014 Page 2 each, one on the north and one on the south of the building. He stated the expansion did not necessitate additional parking and the awning did not pose additional impact to storm water collection. Mr. Hess said the awnings were quite large, but were a minor change to the site overall. Clearfield City Code ( ) Chapter 18, Design Standards, permitted deviation from strict compliance for minor structures and additions to existing buildings. He said there was no increased truck traffic. Mr. Hess stated the awnings were outside the pedestrian walkways and vehicular traffic areas. He said construction would be standard to the manufacturing zone. Mr. Hess requested an addition to the conditions of approval that the awnings would not hold any signage. Commissioner Gaerte entered at 7:10 p.m. Chair Peterson reminded the commissioners a second condition of approval should be added that stated the awnings were not designated to hold signage. APPROVAL OF SP SITE PLAN APPROVAL TO ADD AWNINGS TO EACH SIDE OF AN EXISTING BUILDING LOCATED AT BUILDING D-2, FREEPORT CENTER Commissioner Murray moved to approve as conditioned, SP , Site Plan approval for Freeport Building D-2, building addition for two awnings based on discussion and findings in the staff report with the following conditions of approval: 1. The construction documents submitted for building permits shall be in substantial conformance with the documents submitted in this site plan approval, SP The awnings are not dedicated to any signage. Seconded by Commissioner Brooks. The motion carried on the following vote: Voting AYE: Commissioners Baron, Brooks, Gaerte, Murray, Roper and Browning. Voting NO: None. PUBLIC HEARING FOR PSP A REQUEST FOR PRELIMINARY SUBDIVISION PLAN REVIEW AND APPROVAL FOR A MIXED-USE DEVELOPMENT AT 1250 SOUTH STATE STREET Scott Hess stated preliminary plats were not recorded at the County and the plat acted as a master plan for the platting of the entire development. He said the subdivision ordinance allowed for large developments to be approved in phases. Mr. Hess said the final subdivision plat and future escrow accounts would be submitted in phases. He said Clearfield Station was in a MU (mixeduse) zone which required a guiding Master Development Plan (MDP) with the rezone of the property. Mr. Hess said the MDP was approved by Clearfield City Council on March 11, He stated the preliminary plat submitted was in substantial conformance with the approved MDP as well as the Master Development Agreement (MDA). Mr. Hess said the comments made were for clarification and not intended to delay or stop the recommended approval of the preliminary subdivision plat. Mr. Hess said the staff report included review comments from North Davis Fire District (NDFD) Clearfield City Planning Commission Meeting Minutes May 7, 2014 Page 3 and Public Works. The comments from NDFD referred to the location of the fire risers and the fire-fighting infrastructure. He said Public Works had requested ten foot public utility easements (PUE) be added around each lot. Mr. Hess suggested a condition of approval be added to require the PUE. He said the developer provided updated documents and the PUE were included. He said the city engineer stated in the review letter that he was comfortable with the preliminary site plan as it was drawn and said it was a reflection of the MDP and MDA. Mr. Hess said specifics would be worked out within each phase and site plan approval to assure the improvements were done within engineering standards. Mr. Hess reviewed the conditions of approval. He suggested amending condition number two to include and to the satisfaction of the Public Works Department. He requested the addition of condition of approval number seven, The addition of ten foot public utility easements shall be shown around the perimeter of each parcel as requested by the Public Works Department. Chair Peterson declared the public hearing open at 7:23 p.m. PUBLIC COMMENT: None Commissioner Roper moved to close the public hearing at 7:24 p.m. Seconded by Commissioner Brooks. The motion carried on the following vote: Voting AYE: Commissioners Baron, Brooks, Gaerte, Murray, Roper and Browning. Voting NO: None. APPROVAL OF PSP A PRELIMINARY SUBDIVISION PLAN REVIEW AND APPROVAL FOR A MIXED-USE DEVELOPMENT AT 1250 SOUTH STATE STREET Commissioner Gaerte moved to approve PSP , Clearfield Station Preliminary Subdivision Plat located at 1250 South State Street (TIN: , ) based on the discussion and findings in the staff report with the following conditions of approval: 1) The developer shall submit a final clean copy of the Preliminary Subdivision Plat documents correcting all errors and omissions indicated by staff reviews. 2) The final engineering design (Improvement Plans) shall meet City standards and be to the satisfaction of the City Engineer and Public Works Department. 3) The final Fire Infrastructure design shall meet North Davis Fire District standards and be to the satisfaction of the Fire Marshall. 4) Pursuant to the Subdivision Ordinance , an estimate of public improvements (as outlined in ), shall be submitted, reviewed and approved by the City Engineer prior to obtaining building permits. An escrow agreement will be subject to approval by the City Engineer and City Attorney and an escrow account shall be established prior to recordation of the Final Plat. 5) No building permits shall be issued or construction of buildings or improvements may begin until after recordation of the final plat. Final plat recordation may come in phases for large tract development. Clearfield City Planning Commission Meeting Minutes May 7, 2014 Page 4 6) All Final Subdivision Plat and Site Plan submittals shall be in substantial conformance with the approved Master Development Plan and Master Development Agreement. 7) The addition of ten foot public utility easements shall be shown around the perimeter of each parcel as requested by the Public Works Department Seconded by Commissioner Murray. The motion carried on the following vote: Voting AYE: Commissioners Baron, Brooks, Gaerte, Murray, Roper and Browning. Voting NO: None. PUBLIC HEARING FOR MDP AMENDMENT A REQUEST TO AMEND THE MASTER DEVELOPMENT PLAN PHASING PLAN FOR A MIXED-USE DEVELOPMENT AT 1250 SOUTH STATE STREET Scott Hess said the request was to amend the Master Development Plan (MDP). He said due to the topography of the site, the project required a sewer lift station near the southwest corner of the property. He said that improvement would ideally not be installed until after the initial phases had been completed. Mr. Hess said the intention had been for the sewer in Phase 1 to be gravity drained connecting to 1000 East. He said the developer s engineer discovered in the development of the specific plans for culinary water, sanitary sewer, and storm water facilities that the sanitary sewer would not adequately gravity drain from all residential portions of the approved Phase 1B. He said the amendment the Planning Commission had been asked to consider, would do nothing more than trade residential buildings between the approved Phases 1B and 2B. Mr. Hess said staff s opinion was that the requested changes to the phasing plan did not constitute a material change. He said the findings for staff s opinion were based on the fact that the total number of residential units proposed in the revised phasing plan was exactly the same as in the approved phasing plan, and did not exceed the limit of 168 units imposed in section 4.1(b) of the Master Development Agreement (MDA) adopted by the Clearfield City Council on March 11, He said the finding was further supported by the fact that gravity draining sanitary sewer systems were the preference of the Clearfield City Public Works Department, and would lead to a more predictable and simplistic form of development for both the City and the Developer. The proposed amendment to the MDP did not change any terms of the MDA, nor did it alter the ability to execute that agreement as written. As indicated in section 2 of the MDA, in the event of a conflict between this MDA and the MDP, the MDA shall be controlling. In the case of this request, the MDA listed the total number of acceptable residential units for Phase 1B and the amendment request did not deviate from the MDA. Chair Peterson declared the public hearing open at 7:29 p.m. PUBLIC COMMENT: None Clearfield City Planning Commission Meeting Minutes May 7, 2014 Page 5 Commissioner Murray moved to close the public hearing at 7:30 p.m. Seconded by Commissioner Baron. The motion carried on the following vote: Voting AYE: Commissioners Baron, Brooks, Gaerte, Murray, Roper and Browning. Voting NO: None. RECOMMENDATION FOR MDP AMENDMENT A REQUEST TO AMEND THE MASTER DEVELOPMENT PLAN PHASING PLAN FOR A MIXED-USE DEVELOPMENT AT 1250 SOUTH STATE STREET Commissioner Murray moved to find that the proposed phasing plan modifications to the Clearfield Station MDP as set forth in the MDP Amendment do not constitute a material change to the MDP, and to recommend approval of the amendment to the City Council based upon the discussion and findings in the staff report. Seconded by Commissioner Gaerte. The motion carried on the following vote: Voting AYE: Commissioners Baron, Brooks, Gaerte, Murray, Roper and Browning. Voting NO: None. PUBLIC HEARING FOR ZTA A ZONING TEXT AMENDMENT TO TITLE 11, C-1 AND C-2 COMMERCIAL PARKING REGULATIONS AND DEFINITION TO BETTER DEFINE COMMERCIAL PARKING LOTS Scott Hess said Clearfield City Ordinance was passed and adopted on April 22, The ordinance enacted a temporary land use regulation regarding parking lots/facilities pursuant to Utah Code Ann. 10-9a-504 applicable to all of the commercially zoned properties located within the City s geographic boundaries. He said the City Council asked the parking ordinance within commercial zones be reviewed and language recommended that protected the City s remaining prime commercial property from being developed into parking lots that were not necessarily tied to a formal use. He said stand-alone parking in commercial zones would not be allowed, but parking must be an accessory use on the property subordinate to a primary use. Mr. Hess said current City Code allowed commercial parking facilities as a conditional use. He said the conditional use and the definition led staff to believe that the intent was for a commercial pay lot, but there were no specifics to verify that assumption. He said conditional uses which allowed a commercial parking lot that was not tied to a primary use or building was not desirable and did not promote the highest and best use of property for Clearfield s limited amount of remaining commercial properties. Mr. Hess said the intent was to provide a fair amendment which best served the City s residents as well as protected both current and future business and property owners in Clearfield City by preventing the consumption of crucial remaining commercial properties for less than ideal uses. He said the following were the proposed ordinance changes: 1. Amend the definition of Commercial Parking to require these types of facilities to be pay lots. The potential definition could read as follows: A garage or parking lot used for commercial purposes and open to the public for a fee where vehicles may be parked for not more than five days. 2. Amend the location of Commercial Parking to remove the use within C-1, C-2, C-R, D-R and B-1 Zones. Clearfield City Planning Commission Meeting Minutes May 7, 2014 Page 6 3. Add Commercial Parking as a use within the MU Zone. The area immediately surrounding the UTA Transit station may be one that is viable for a commercial pay lot in the future. Other MU projects may benefit from the same allowance depending on uses and site specifics within those projects in the future. 4. Amend the definition of Parking Lot to require the facility to be provided specifically for a primary use or building on the same property as the parking will be located, as well as require that the use be entirely located within Clearfield City. 5. Add Parking Lot as a use within the Permitted Uses of the PF zone for the case of parks, city buildings, or other city needs to assure that there is a legal established parking use within Public Facility Zones. The areas zoned PF are owned and maintained by Clearfield City. He said the current zoning section of the General Plan discussed within each commercial zone that the goal was to expand and develop viable commercial properties to their highest and best use. He said limiting the ability to cover key commercial pieces of ground solely with surface parking met the intent and the language of the Clearfield City General Plan. Mr. Hess stated the findings that the proposed amendment was in accordance with the General Plan in that an amendment to the City Code was necessary and appropriate to protect limited prime commercially zone properties within the City. He said the changed conditions that required an amendment to the City Code at this time were both the limited remaining prime commercial land and concerns about neighboring cities with viable commercial properties that may be interested in utilizing Clearfield City properties as surface parking areas. Chair Peterson declared the public hearing open at 7:40 p.m. PUBLIC COMMENTS: Marshall McKinnon with Tanner Clinic stated Tanner Clinic was on the border of Layton and Clearfield and about 44 percent of its patients were Clearfield residents. He said when Valerie Claussen was the City Planner conversation with the City began about property in Clearfield City that Tanner Clinic wanted to purchase for use as a parking lot. Mr. McKinnon said the buildings on the property had not been fully utilized since he had been at Tanner Clinic. He said Tanner Clinic would like to demolish the buildings and turn the parcel into a parking lot. Mr. McKinnon said the tax revenue from the buildings was minimal and desired Tanner Clinic be allowed to use the property for a parking lot. Commissioner Brooks moved to continue the public hearing to the June 4, 2014 Planning Commission meeting. Seconded by Commissioner Baron. The motion carried on the following vote: Voting AYE: Commissioners Baron, Brooks, Gaerte, Murray, Roper and Browning. Voting NO: None. Brian Brower, City Attorney, said Mr. McKinnon had met previously with staff. He said there were some ways staff could address that specific issue. He said that particular parcel may not be as an egregious type of situation as the one the City Council was trying to protect the City from in the enactment of the temporary land use regulation. He counseled it would be wise to consider Clearfield City Planning Commission Meeting Minutes May 7, 2014 Page 7 working the amendment so it encompassed all commercial parking in the City rather than trying to parcel off certain sections. Commissioner Roper asked if the road between the parcels was the reason for not allowing the use. Scott Hess explained that Tanner Clinic was in Layton City and on the property in Clearfield the structures would be removed entirely which would leave a commercial parking facility as the primary use. Brian Brower said Clearfield City had a limited amount of prime commercial property left available for development and for parts of that property to be used as surface parking lots with no commercial use except in a neighboring city, was not in the best interest of citizens and not the highest and best use. Chair Peterson was concerned with the definition on paid parking lots and the possible unintended consequences. Mr. Hess said the initial proposal was commercial parking was only allowed in MU projects which had extra controls in place. Mr. Brower said commercial parking would be allowed only in the MU Zone, and would not be a permitted or conditional use in other zones. Chair Peterson asked to have language that stated surface parking use was specifically tied to a commercial structure residing entirely in Clearfield. Commissioner Brooks asked if there were other options for Tanner Clinic. Mr. Brower said staff could explore options to present at the next meeting. Commissioner Brooks agreed there was a need for additional parking at Tanner Clinic. Chair Peterson recommended staff tighten the language on commercial parking so it was restricted to the MU Zone and provide a clear definition that stated surface parking must be tied to a commercial structure and as an ancillary use only. Commissioner Browning asked how the ordinance applied to park and ride lots. Scott Hess said park and ride lots were an existing legal non-conforming use. He said the City could take ownership of the property or put it in a PF Zone or the lots at Clearfield Station were in the MU Zone. Mr. Hess said there could potentially be unintended consequences. Chair Peterson asked to have identified undeveloped commercial properties that would be affected by the proposed ordinance change. Brian Brower said the Public Facilities Zone was established to provide areas for the location and establishment of facilities which were maintained in public and quasi-public ownership and use. He said there were other properties, not owned by the City that could be zoned PF. Commissioner Murray was concerned with the limited amount of public commercial property available for development. She said a prime source of revenue was sales tax and commercial property must be protected. She said development should be for Clearfield commercial development. She said the ordinance needed to benefit Clearfield City as a whole. Chair Peterson emphasized the ordinance affected all commercial zones Citywide and all undeveloped property needed protection. PUBLIC HEARING FOR ZTA A ZONING TEXT AMENDMENT TO TITLE 11, CHAPTER 5 TO PROPOSE STANDARDS FOR ADMINISTRATIVE SITE PLAN REVIEWS Scott Hess said Clearfield City Code 11-5, Site Plan Review, regulated the review and approval of all site plans within the City. He reviewed the purpose of the site plan review. Mr. Hess stated Clearf
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