Thursday, March 29, 2007 7:00 p.m.

Public Safety Building

3925 W Cedar Hills Drive, Cedar Hills, Utah

Present:           Steve Kroes, Chair, Presiding

Commission Members: Cliff Chandler, Craig Clement, H.R. Brown, Donald Steele

Absent: Carl Volden, Tom Gleason

Kim E. Holindrake, City Recorder

Greg Robinson, Assistant to the City Manager – Planner

Rodney Despain, City Planner (7:12 p.m.)

Courtney Hammond, City Meeting Transcriber

Others: Pete McMullin, Dusty McMullin, Brent Uibel, Eric Richardson (7:08 p.m.), Dustin Swartz (7:25 p.m.), Dana Swartz (7:25 p.m.)


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.


Craig Clement was recognized as a voting member.


2.         Amendments to the City Code, Title 10, Chapter 6, Article A, Planned Commercial Development Projects (7:06 p.m.)

            No comments.


3.         Approval of Minutes from the February 22, 2007, Regular Planning Commission Meeting and the March 8, 2007, Special Public Hearing and Planning Commission Meeting (7:06 p.m.)

MOTION: C. Chandler - To approve the minutes. Seconded by C. Brown.


Aye-C. Brown

C. Chandler

C. Clement

C. Kroes

                                                                                    C. Steele                                 Motion passes.

4.         Review/Recommendation on Final Plat for Bridgestone, Plats F and G (7:07 p.m.)

Staff Report:

See handouts. Peter McMullin, McMullin Homes, was present and stated that this plat was rephased last month. The only thing that has changed from the original master plan is a slightly different building that still fits within the building envelope. All homeowners have signed off on the new elevation.

            The staff memo states the following items need to be addressed:

          Add street lighting to drive access ways. The lighting will be the same as what is throughout the development.

          Include coordinates for boundary points and building footprints.

          Include street addresses and unit numbers.

          Verify location of postal easement with Post Office.

          Two sewer laterals per building should be provided.

          Street cross section shall be per geotech report.

          Construction access shall be limited to west entrance of project. Signs have already been made and barricades are up.

Commission Discussion:

          C. Steele would like to ensure that there are fully-shielded street lights to avoid light pollution. Peter McMullin said the lights will match what has been installed in the rest of the development. The current lights have been installed by Rocky Mountain Power and billed to the City.

          Councilman Richardson noted that there doesn’t appear to be additional parking on Plat G. Peter McMullin said that the end of the inlet road has space for three parking spots. The three spots are shown on the phasing plan. It will be included on these plans as well. More spots can be added, if necessary, but there appears to be more than enough capacity with the underground parking, the additional parking already in the development, street parking on 4500 West and street parking on Harvey Boulevard.

          Rodney Despain said that City Code requires 2.25 parking stalls per structure. With two underground parking spaces per unit, just one additional space per building is needed. This plan has 13 spaces for 10 buildings and meets the City Code. The Code should be met per phase, but there is discretion in this type of development.

          C. Steele stated that Planning Commission tends to review these issues in detail every time it sees them. He feels that the Commission’s responsibility at final review is to ensure that all the conditions that were placed on it at preliminary have been met. If it wasn’t an issue in preliminary, it shouldn’t be an issue now. C. Richardson said that parking was a condition for previous approval in a prior phrase. It should be verified.

MOTION: C. Chandler - To recommend approval of the final plans for Plats F & G of the Bridgestone, PUD, subject to all of those conditions above as stated by the City engineer. The date of the memo is March 22, 2007. (1. Add street lighting to drive access ways. 2. Include coordinates for boundary points and building footprints. 3. Include street addresses and unit numbers. 4. Verify location of postal easement with Post Office. 5. Two sewer laterals per building should be provided. 6. Street cross section shall be per geotech report. 7. Construction access shall be limited to west entrance of project. 8. Final Engineering.) Also that the lights be fully shielded, and plats should show the three parking stalls at the end of each drive. Seconded by C. Steele.


          C. Brown stated that he feels more parking stalls should be included in Plat G. Rodney Despain said that this is an expandable condo complex. The expansion documents should be adopted with each plat. Kim Holindrake verified that this has been done.


Aye-C. Chandler

C. Clement

C. Kroes

C. Steele

                                                            Nay     -          C. Brown                                Motion passes.


5.         Review/Recommendation on Amendments to the City Code, Title 10, Chapter 6, Article A, Planned Commercial Development Projects (7:46 p.m.)

Staff Report:

See handouts. Councilman Richardson stated that as the City Council has been involved in commercial development, it became aware of an oversight. Commercial Development is guided by the Guidelines for Commercial Development, which contains permitted and conditional uses. Section 10 of the City Code has zoning requirements that include permitted uses. There are three types of uses; permitted, conditional, and prohibited. The zoning code says some uses are permitted and the design guidelines says they are all conditional. This amendment attempts to clean up the discrepancy. This change will have no affect on anyone that has already made an application to the City because they are already vested. The proposed amendment references the guidelines.

Rodney Despain stated that making everything conditional means that when a store changes uses—insurance sales to pizza parlor, for instance—there needs to be a process to review and change the conditional use. The question that needs to be addressed in those instances is whether the change in use will necessitate a change in layout, more parking stalls, for instance. Councilman Richardson would prefer to see the Planning Commission be the deciding body on the conditional use permits, with an appeal clause to the City Council.

Commission Discussion:

          C. Kroes stated that in the past, the Council has reserved the right to determine operational issues and the Planning Commission deals with land use. C. Steele pointed out that if the City Council grants conditional uses, there is no appeal board.

          C. Chandler would like to see the uses listed rather than referencing the guidelines.

          Discussion - Leaving the table in three columns will preserve the subdistricts from uses that may be inappropriate for the subdistricts. Moving the table into one column may make it difficult to preclude a change of use that may be inappropriate for a subdistrict.


The Commission would like to see the following changes to the amendment:

          Change the title to Use Requirements.

          Delete paragraph A.

          The next three paragraphs are the conditional uses listed in the table.

          The Planning Commission is the body that issues conditional use permits with an appeal to the City Council.

          Take section 3.2 from the Design Guidelines; there should be no permitted uses in the table.

          The previously permitted items need to be added to the table and listed as conditional.


Councilman Richardson stated that if a page is taken out of the Design Guidelines, the Guidelines should be an agenda item to be changed at the next meeting.

MOTION: C. Steele - To table this item until staff can give us a draft that represents the things that have been discussed. Seconded by C. Clement.


C. Steele stated that he feels that the process the Planning Commission went through tonight is really important. The Planning Commission needs to be able to talk about issues before trying to solve them.


Aye-C. Brown

C. Chandler

C. Clement

C. Kroes

                                                                                    C. Steele                                 Motion passes.

6.         Open Meeting Training (9:08 p.m.)


See handouts. Kim Holindrake gave a presentation on Open and Public Meetings.

7.         Review/Recommendation on Wireless Telecommunication Ordinance (9:51 p.m.)


The Commission would like to see the following changes:

          1.4.7: remove “or ground anchors”

          2.2.1: should read: Uses. A wireless telecommunication facility that conforms to the development standards shall be a permitted use in any zone. A separate application shall be required for each proposed facility. Strike the last sentence.

 “as little visual impact as possible” instead of “no visual impact.”


          6.11.3: eliminate because it is addressed in 6.11.5 and 6.11.8

          Strike 6.13.4

          1.2: At the end of the opening paragraph add: The purpose and intent of this Ordinance:

          1.3.9: Strike “whenever feasible.”

          Add section on the conditional use permit process.

          4.1: cut second sentence.


Rodney Despain stated that this would comply with the Telecommunications Act because it does provide for towers and gives reasonable restrictions. He suggested addressing the current pole in this Ordinance as well. This has been prepared as a stand alone ordinance. If the Planning Commission would like it to be in the zoning code and development code, a public hearing is required.

MOTION: C. Chandler - To table the wireless telecommunications ordinance and allow the City Planner to go over this, make further recommendations, and bring it back to the Commission at a later date. Seconded by C. Steele.


Aye-C. Brown

C. Chandler

C. Clement

C. Kroes

                                                                                    C. Steele                     Motion passes.

8.         Committee Assignments and Reports (11:06 p.m.)

          C. Chandler: The Parks and Trails Committee needs ideas for Eagle Scout projects. Some ideas include, entrances to the City, cleaning trails, roundabout beautification. The Committee is in the process of updating their part of the General Plan. Canyon Heights park will be done in May. Juniper Heights has not been budgeted for yet. Bonneville Shoreline Trail contract has been awarded.


9.         This meeting was adjourned at 11:07 p.m. on a motion by C. Brown, seconded by C. Chandler, and unanimously approved.


/s/ Kim E. Holindrake

Kim E. Holindrake, City Recorder

Approved by Commission:

    April 26, 2007