TREMONTON CITY CORPORATION
PLANNING COMMISSION
APRIL 24, 2018

Members Present:
Robert Anderson, Chairman
Val Bennett, Commission Member
Micah Capener, Commission Member—excused
Arnold Eberhard, Commission Member
Troy Forrest, Commission Member—excused
Ben Greener, Commission Member
Tom Stokes, Commission Member
Bret Rohde, City Councilmember
Steve Bench, Zoning Administrator
Cynthia Nelson, Deputy Recorder

Chairman Robert Anderson called the Planning Commission Meeting to order at 5:30 p.m. The meeting was held April 24, 2018 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Robert Anderson, Commission Members Bennett, Eberhard, Greener, Stokes, City Councilmember Bret Rohde, Zoning Administrator Steve Bench, and Deputy Recorder Cynthia Nelson were in attendance. Commission Members Capener and Forrest were excused.

1. Approval of agenda:

Commission Member Stokes noted a change to be made to the agenda. It noted chapter 1.19, but should have been 1.09 on the public hearing and new business items.

Motion by Commission Member Greener to approve the April 24, 2018 agenda. Motion seconded by Commission Member Bennett. Vote: Chairman Anderson – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Greener – aye, Commission Member Stokes – aye. Motion approved.

2. Approval of minutes: April 10, 2018

Motion by Commission Member Bennett to approve the April 10, 2018 minutes. Motion seconded by Commission Member Eberhard. Vote: Chairman Anderson – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Greener – aye, Commission Member Stokes – aye. Motion approved.

3. Public Hearing:

a. To receive public input on amending Title I Zoning Ordinance, Chapter 1.09 Mixed Use Zone, Section 1.09.020 Lot Regulations amending lot configuration and structure placement on a lot would be approved through a site plan approval process.

The public hearing was opened at 5:31 p.m. and closed at 5:32 p.m. No one was in attendance.

4. New Business:

a. Discussion and consideration of amending Title I Zoning Ordinance, Chapter 1.09 Mixed Use Zone, Section 1.09.020 Lot Regulations

Administrator Bench said the change is highlighted on page 3. Chairman Anderson asked what the reason for this change was. Administrator Bench said City staff thought it would be easier for developers if we had it on a site plan to give them more flexibility on the size and width of the lot. Councilmember Rohde asked if the quarter lots for both streets allows it to be closer to the street. Administrator Bench said yes. We have some zoning that has 25 now, so instead of having 25 and 30 we would do 25 and 25.

Commission Member Stokes asked the difference between pets versus a pet shop? Commission Member Bennett said it is almost like a typo because everything else is in alphabetical order except that one. Administrator Bench said it is in there like we have in other zoning for normal household pets. This is a designation that would allow for pets. That is a good catch—it should say household pets.

Commission Member Bennett said for the site plan this will provide more leeway as to what they will allow? Administrator Bench yes, they will provide a site plan showing where they will locate their buildings. We will review the location, traffic and all that stuff to determine if it is appropriate. Commission Member Stokes said so when it goes through the site plan if a neighbor right behind them is objecting to one of the uses, what would you do? What is their legal recourse for those living next to a multi-use zone? Administrator Bench said they get the same opportunity to have their site plan approved. Neighbors can address the City Council. Commission Member Stokes said let us say a person builds their home in a multi-use area and they have some idea that a commercial piece of property is coming. It translated from a permitted to a conditional use so the building originally was permitted and now is switched to a conditional use. Once you approve the site plan, what is the recourse after that point? Administrator Bench said if a conditional use comes in the neighbors are notified to come to the meeting because we are switching from a permitted to a conditional. Councilmember Rohde said would a public hearing also be held? Administrator Bench said not necessarily, but the neighbors that would be affected would be given notice and invited to the meeting. Chairman Anderson said, but the conditional use would have to be approved first. Administrator Bench said that is right. It may be approved by staff, the Land Use Authority Board or Planning Commission—it just depends on what the case may be. If those bodies approve or reject it, the property owner has a chance to take it to the next body to seek recourse. Land Use to Planning then to City Council and then District Court in some cases.

Commission Member Stokes said I do not know if I like this whole chapter. Commission Member Bennett said if you wanted to change the use it would be okay as long as it met the requirements for whatever the new use was. Administrator Bench said we did not list every last retail business that could be out there so we have to look at some as generic things. If it is a 9 to 5 style retail business then it normally fits. If it is a 24-hour convenience store then it does not, but we do have convenience stores as a conditional use. I think that one was added later. This chapter is mixed use. Instead of having the area be solid retail or solid residential it will allow residential mixed in with commercial. I do not think anybody would go too far off of Main with commercial. The developer has at least one that is planned on east Main and he shows where the residential is and where the commercial is—they are separate.

Chairman Anderson said what is the next step? Administrator Bench said if you like it then you recommend it to the City Council. Commission Member Greener said what brought these changes on? Something had to drive them. Administrator Bench said it was because of the one that is in the works in east Tremonton. Councilmember Rohde confirmed that it is the new subdivision going in—Crossroad Ranches. Administrator Bench said as soon as I get a good plan I will bring it to you. Commission Member Bennett said do they want to deviate from what was originally on here for lot sizes and widths? Administrator Bench said yes. As long as they can meet the parking they can get a smaller lot to put a smaller business or building on instead of having a 10,000 square foot minimum lot that they may not need. I am just throwing that out as a number they could get by with 8,000 square feet. If they have the required parking we can reduce that size.

Commission Member Greener said I do not like it when their whole building takes up the entire lot and there is no parking for visitors expect for on the street. Administrator Bench said some of the existing areas have that, but those that are yet to be built have to meet all the parking requirements. Councilmember Rohde said there are some very strict parking regulations that we put in already and they have to meet those. Commission Member Greener said I know there was a time when Tremonton did not. If this is like that then I say no. Administrator Bench said if you look at the notes it says they have to meet the requirements. Note one is for off-street parking, note two is for landscape buffering and fencing. They have to meet all those regulations. Commission Member Eberhard asked about the building size for a business. Administrator Bench said a unit is 8,000 and 10,000, while professional is 10,000 and retail is 20,000. The width for one and two units is 70, professional is 80 and retail and hotels are 100. This just allows some flexibility to have a smaller lot and maybe not as much frontage, as long as they have a drive into their parking area and meet all the parking requirements.

Motion by Commission Member Greener to accept the changes and send it onto the City Council. Motion seconded by Commission Member Eberhard. Vote: Chairman Anderson – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Greener – aye, Commission Member Stokes – aye. Motion approved.

Councilmember Rohde said Bradley Jansen is interested in serving on the Planning Commission. He asked if the commissioner members had anyone to suggest, which they did not. He asked if it would be okay for him to present Mr. Jansen’s name to the City Council. They agreed. Administrator Bench asked if they should choose a new chairman. If we approve him in the next meeting he could come and Chairman Anderson could be released. The Commission decided they did not want to make a decision until Commission Members Capener and Forrest were in attendance. They agreed to put it on the next agenda.

5. Adjournment

Motion by Commission Member Bennett to adjourn the meeting. Motion seconded by consensus of the Board. The meeting adjourned at 5:54 p.m.

The undersigned duly acting and appointed Recorder for Tremonton City Corporation hereby certifies that the foregoing is a true and correct copy of the minutes of the Planning Commission held on the above referenced date. Minutes were prepared by Jessica Tanner.

Dated this 8th day of May, 2018.

______________________________
Linsey Nessen, CITY RECORDER

*Utah Code 52-4-202, (6) allows for a topic to be raised by the public and discussed by the public body even though it was not included in the agenda or advance public notice given; however, no final action will be taken.