PERRY CITY PLANNING COMMISSION MEETING THURSDAY, April 7, 2011

7:00 P.M. PERRY CITY OFFICE BUILDING—CITY COUNCIL ROOM

3005 S. 1200 W. PERRY, UTAH

PLANNING COMMISSIONERS PRESENT: David Curtis (Chair), Todd Bischoff, Don Higley

Others Present: Duncan Murray, City Administrator, City Attorney; Codey Illum, Perry City Building Official; Tom Peterson, Councilman; Susan K. Obray, Minute Clerk; Billy Jones, Lani Braithwaite, Bob Thurgood

  1. Approx. 7:00 p.m.- Call to Order and Opening Ceremonies
  1. Pledge of Allegiance to the U.S. Flag

Pledge of Allegiance conducted by Chairman Curtis

  1. Declare Conflicts of Interest, IF any

Declare conflicts initiated by Chairman Curtis

Commissioner Bischoff no

Commissioner Higley no

Chairman Curtis no

There were no conflicts of interest

  1. Review and Adopt the Agenda

MOTION: Commissioner Bischoff moved to adopt the April 7, 2011 agenda as written. Commissioner Higley seconded the motion. All in favor.

  1. Approx. 7:05 p.m.-Public Hearings and Public Comments

Rules: (1) Please speak only once (maximum of 3 minutes) per agenda item. (2) Please speak in a courteous and professional manner. (3) Do not speak to specific member(s) of the Planning Commission, staff, or public (please speak to the Chair or to the Commission as a group). (4) Please present possible solutions for all problems identified. (5) Action may not be taken during this meeting if the item is not specifically on the agenda. In the City Council Chambers, on

  1. Proposed Ordinance 11-G, regarding Title 52 (Subdivisions) and other land use provisions, including concept site plans for certain types of applications, and limitations on dead end streets, cul-de-sacs, and “bulbs.”

Duncan Murray, City Administrator/City Attorney stated this ordinance is not a fully written ordinance. He stated we are collecting public comments on the concept of what would be in the ordinance. The first set of items is to have concept site plans be required on land use applications. He stated we have always required them for design review. This ordinance would add in a required site plan for all street dedications and zone changes. Site plans should show the application area in context with the greater area, especially if there is an issue with the street structure. The other issues are dead end streets and cul-de-sacs, especially in commercial applications. A lot of times the street is intended to go all the way through and ends in a cul-de-sac rather than a temporary dead end street (that could cause a concern for future development). We are looking at temporary dead end streets, we have a provision for limited residential dead end streets, and the applicant has to go through a procedure to prove there is no other way to use the land other than to have a cul-de-sac. The other item is avoiding bulbs, which is a very small cul-de-sac or curved area in a road. Bulbs make it difficult for the maintenance guys to snow plow and do the other city services.

MOTION: Commissioner Bischoff moved to close the regular meeting and open the public hearing. Commissioner Higley seconded the motion. All in favor.

There was no public comment on this item.

MOTION: Commissioner Bischoff moved to close the public hearing and open the regular meeting. Seconded by Commissioner Higley. All in favor.

  1. Public Comment

There was no public comment.

  1. Land Use Applications (Administrative Action)

Rules: (1) Documentation must be submitted to the planning staff two weeks in advance. (2) The applicant or a representative must be present for action to be taken.

  1. Site Plan and sign approval for Dairy Queen located on amended Lot 1 of Pointe Perry Subdivision(1074 South 1600 West Street)

Billy Jones is an architect with ARGAD Design Studio for the new Dairy Queen. Codey Illum, Building Inspector stated that all but one ofthe signs for the new Dairy Queen are existing signs(there are no permits for them). They are replacing the exterior on the front and there is no structure change. The only new sign is the menu board sign. Mr. Illum stated he has reviewed this plan and it looks fine. The only issue is the drive thru; he felt there is not an adequate radius. They have removed the door that would go out into the drive thru. The radius is very tight and is the only concern he has. Chairman Curtis asked if the menu board would stay within the allowable total size for signs. Mr. Illum stated it does stay within the allowed size. Mr. Jones they have done some more research on where the menu board would be placed. Mr. Jones stated the drive thru has always been a part of the plan, but it has never been used. They are going to take a parking stall out for the drive thru. The concrete is 6” higher than the asphalt. They would pour a curb and slope it up onto the drive thru. He stated the menu board would be on a projection off the curb. Mr. Jones stated there is not a rule about turn radiuses; he stated he looked at a 25 foot radius for the inside and then a 12’ width. He stated a Ford F150 would accommodate that. There is an existing sidewalk and parking stalls. There is a storage door that the deliveries come to and there is a dumpster there that will be removed. Now there will be no protection for the building from cars(with much of the sidewalk being removed). Mr. Illum suggested putting vehicle barriers so there is some kind of protection. There is a power box and gas meter right next to the drive thru and he is concerned with a vehicle hitting those. Mr. Jones stated the gas meter is tucked in close to the building. It is about 6’ from the drive thru turn. Mr. Jones suggested a curb that is higher than the ramp for some kind of protection. Commissioner Bischoff asked about the patio and if there was a fence around it. He was concerned about little kids running out into the drive thru. Chairman Curtis is concerned when the trucks are coming into park or using the weight ramp they will block off the drive thru. Chairman Curtis asked if the transformer box could be moved. Mr. Jones stated it would be very difficult to move. Mr. Illum stated they are within the amount of parking stalls per Perry City ordinance. Mr. Illum stated the only issue he has is the drive thru.

MOTION: Commissioner Higley moved to approve the signs for the Dairy Queen. Commissioner Bischoff seconded the motion. Roll call vote.

Commissioner Bischoff yesCommissioner Higley yes

Chairman Curtis yes

Motion Approved: 3 yes 0 no

MOTION: Commissioner Bischoff moved to approve the final site plan for Dairy Queen; forwarding it on to City Council with the recommendation to the owners they provide additional safety enhancements. Commissioner Higley seconded the motion. Roll call vote.

Commissioner Bischoff yesCommissioner Higley yes

Chairman Curtis yes

Motion Approved: 3 yes 0 no

  1. Final Design Review (Site Plan Review) for a Proposed Assisted Living Facility on the Northeast corner of Hwy 89 and 1550 South Street (Applicant Bob Thurgood for Beehive Homes of Perry L.L.C).

Codey Illum stated the additional parking stalls have been added on the plan. There were additional comments from Lorin Gardner Perry City Engineer. Mr. Gardner stated the parking stalls were addressed but the location for the dumpster was not addressed. Codey Illum stated he felt the storm water will be taken care of, the trees will be installed, the sidewalk, the fire hydrant, connection to the secondary water will all be resolved. Mr. Thurgood stated before the plan goes to City Council, these items will be on the plan. Chairman Curtis stated the biggest items are the onsite storm water detention and the onsite dumpster. Chairman Curtis suggested getting all comments from our city engineer to the applicants and their engineers before the meeting so they can be addressed.

MOTION: Commissioner Higley moved for conditional approval pending all of Lorin Gardner’s comments be incorporated on the final plan prior to going to City Council. Seconded by Commissioner Bischoff. Roll call vote.

Commissioner Bischoff yesCommissioner Higley yes

Chairman Curtis yes

Motion Approved: 3 yes 0 no

  1. Recommendation to City Council Regarding Proposal to Sell Parcels at City-owned real property in the City Center Subdivision (between 900 West and Linda Way at 2550 South Street)

Duncan Murray stated a couple of years ago Planning Commission and City Council approved this subdivision. The majority of it is owned by the city, some is owned by Clint Nelson, and one lot is owned by Allen Day. There is a new city ordinance where if we are disposing of city property, the council holds a public hearing, before the council can approve selling the property, it has to come before the planning commission. Chairman Curtis asked if this is for approval of selling the lots or if there a buyer. Duncan Murray stated it is approval to put it up for sale. The city owns lots on the north side 9R, 10R, 11R, 12R, 13R, 14R and on the south side 3R, 4R and a sliver of 5R. Clint Nelson owns most of 5R, 6R and 7R. Mr. Day owns the existing home lot 8. This subdivision is an unimproved subdivision.

MOTION: Commissioner Bischoff moved to forward to city council for approval the selling the city owned property. Commissioner Higley seconded the motion. Roll call vote.

Commissioner Bischoff yesCommissioner Higley yes

Chairman Curtis yes

Motion Approved: 3 yes 0 no

  1. Land Use Ordinances, Zoning, Design Guidelines, General Plan, Etc.

(Planning and Quasi-Legislative Action)

  1. Proposed Ordinance 11-G, regarding Title 52 (Subdivisions) and other land use provisions, including concept site plans for certain types of applications, and limitations on dead end streets, cul-de-sacs, and “bulbs.”

MOTION: Commissioner Bischoff moved to table this item until the next meeting. Commissioner Higley seconded the motion.

Commissioner Bischoff yesCommissioner Higley yes

Chairman Curtis yes

Motion Approved: 3 yes 0 no

  1. Ordinance 11-I to allow for Special Hours of Operation for Gravel Pits under certain circumstances

Duncan Murray stated that the City Council approved a temporary land use ordinance is to allow the gravel pit to deliver road base and concrete to the UDOT project on the Interstate. The concerns are the noise for the residents that live by the pit and the amount of traffic along Hwy 89. Perry City did not have anything to do with the approval process. The concrete trucks will be starting at 3:30 AM to allow them to get the work done in 45 days. Perry City ordinance states they can start at 6:00AM and so this temporary ordinance needed to be approved in order to allow them to start at 3:30AM. Duncan Murray stated this temporary ordinance only covers this one project. Chairman Curtis stated the planning commission did not have any input on (temporary) Ordinance 11-H because the time has already come and gone. Mr. Murray asked what the planning commission would like to see in the permanent ordinance to be numbered 11-I, including the procedure, and who is the decisionmaker(who gives approval). The Planning Commission suggested the Mayor should be the one who gives approval. Commissioner Higley stated there should be a notice sent out to those who are affected by the noise. Chairman Curtis asked that a letter be sent to our local representatives and UDOT asking for advanced notice in these situations.

  1. New Circulation Guide

Mr. Murray stated he wants direction from the Planning Commission. Do they want a special committee or do they want to do it as a whole. Chairman Curtis stated he would like to have a committee consisting of 1 planning commission member, 1 city council member, 1 expert, 1 city staff member and 1 member of the city at large.

MOTION: Commissioner Bischoff moved to approve a roads committee consisting of 1 planning commissioner, 1 city council member, 1 expert, 1 city staff member and 1 member of the city at large. Commissioner Higley seconded the motion. Roll call vote.

Commissioner Bischoff yesCommissioner Higley

Chairman Curtis yes

Motion Approved: 3 yes 0 no

  1. Ordinance 11-J, moderate Income Housing (Element of the General Plan), Title 31

Mr. Murray stated there has been a public hearing on this. The city had to collect a lot of information from the county and the census. Mr. Murray stated this is a plan for our city’s moderate Income Housing. The moderate income housing is different in every community. Mr. Murray stated this is an element of our general plan.

MOTION: Commissioner Bischoff moved to forward to the city council for approval. Commissioner Higley seconded the motion. Roll call vote.

Commissioner Bischoff yesCommissioner Higley yes

Chairman Curtis yes

Motion Approved: 3 yes 0 no

  1. Training, Handouts, and Reports
  1. City Council Report-Tom Peterson

Councilmember Peterson stated Representative Lee Perry came to City Council and gave some legislative updates.

  1. Approve Minutes of March 3, 2011

MOTION: Commissioner Bischoff moved to approve the March 3, 20011 minutes. Commissioner Higley seconded the motion. All in favor.

Chairman Curtis stated he would like to express his condolences to Steve for the lose that he has experienced in the last several months.

MOTION: Commissioner Bischoff moved to approve a card be sent to Steve and express our condolences from the planning commission. Seconded by Commissioner Higley. All in favor.

Codey Illum stated he has had several calls on people wanting to put 4 plexes (high density) in the city. There is a need for this type of housing in the city. Our in-fill ordinance is very restrictive.

  1. Review Next Agenda and Adjourn
  1. Add Agenda Items requested by Planning Commission

Chairman Curtis stated he would like to see all information from Perry City engineer be sent to the applicants and their engineers. Next meeting Chairman Curtis would like to have a recommendation for the roads committee. He would also like an agenda item regarding high density housing.

  1. Motion to Adjourn

MOTION: Commissioner Bischoff moved to adjourn. Commissioner Higley seconded the motion. All in favor.

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