CITY OF SOUTH JORDAN
PLANNING COMISSION MEETING
COUNCIL CHAMBERS
June 9, 2009
Present: Chairman Linda Auger, Commissioner Beverly Evans, Commissioner David Wood, Community Development Director George Shaw, Assistant City Attorney Ryan Loose, , Deputy City Recorder Cindy Valdez.
Absent: Commissioner Paul Pugmire, Commissioner Kevin Tominey.
Others: Ross Howard, Rulon Dutson.
6:30 P.M.
REGULAR MEETING
I. GENERAL BUSINESS
A. Welcome and Roll Call
Chairman Linda Auger welcomed everyone present.
B. Motion to Approve Agenda
Commissioner Wood made a motion to approve the June 9, 2009 Planning Commission Agenda. Commissioner Evans seconded the motion. Vote was unanimous in favor.
C. Approval of the Minutes from the Meeting held on May 26, 2009
Commissioner Wood made a motion to approve the May 26, 2009 Planning Commission meeting minutes as printed. Commissioner Evans seconded the motion. Vote was unanimous in favor.
II. INFORMATIONAL ITEMS AND OTHER BUSINESS
A. CALENDARING ITEMS
Community Development Director George Shaw said I sent out an email yesterday with a flyer telling about our Open House. It will be held tomorrow night June 10, 2009 at 6:00 p.m. at the Community Center. It is not required that you be there, but we wanted you to have the information if you choose to attend.
Community Development Director George Shaw said we also have set a date for the General Plan Workshop. It will be held July 1, 2009 at the Public Works Building on Redwood Road at 6:00 p.m. That is the date that seemed to work for everybody. We will be sending out an Agenda with all of the details. This will be the unveiling of all the information and the suggestions we have received. We are writing up the General Plan goals and policies right now. We will have story boards at the meeting, showing the things that are in the plan. We will be sending out some information ahead of time with the goals and polices for you to review. Look them over and when you come to the meeting we would like to hear your input. At that point we may need to meet again, if a second draft is needed. There may be enough changes that we may need to have another workshop. If not, we will go directly to Public Outreach, which means we will be taking that information and presenting it to the public in a couple of Open Houses in the next couple of months. Hopefully by the end of the year we will have it back to you for adoption.
B. COMMENTS FROM PLANNING COMMISSION MEMBERS
None
C. STAFF BUSINESS.
None
D. NEW BUSINESS
None
III. CITIZEN COMMENT
None
IV. PUBLIC HEARINGS AND POTENTIAL **ADMINISTRATIVE ACTION ITEMS
**Administrative Action = Less Discretion, Substantial Evidence (Objective Standard)
A.1. File # CUP-2009.09, Conditional Use Permit Application to allow for a seasonal shaved ice concession business to operate at approximately 3785 West, South Jordan Parkway, Ross Howden, (applicant).
Community Development Director George Shaw reviewed all the background information on this item.
Ross Howden, 11557 South Harvest Crest South Jordan, Utah - said, I have lived in South Jordan for 5 1/2 years and I also work in South Jordan for Boart Longyear. Our Office is located in the New River Park buildings at Daybreak. I have brought all of my plans, pictures, and every piece of detail I have associated with this project with me tonight, so I am here to answer any questions that you may have for me.
Commissioner David Wood said I am just curious why you are locating on the side rather than trying to get a location in the middle of the parking lot where you can be seen.
Mr. Howden said there are two reasons. The first problem is power. There is not an electrical transformer in that location. That was my original intent, but after working with the Harvest Point Development people to find a location where they had power, we discovered all of the transformers that you could put a temporary meter on, are in the back of the buildings or on the sides. The second problem is, in spite of the fact that Albertson’s is no longer there, they still control the shopping center from their store front all the way to the street. So that middle portion, which is considered the prime portion along 10400 S. is controlled by Albertson’s, so they could not sub lease that portion to me.
Commissioner Beverly Evans asked about a restroom for the employees?
Mr. Bowden said we have signed permission from Mountain Mikes Pizza that we can use their facilities. Their business hours are slightly longer than ours, and we are co-located. There is actually a door that goes from the patio to their restaurant. Their hours of business are from 10:00 a.m. to 10:00 p.m.
Chairman Linda Auger opened the Public Hearing to comments. There were none. She closed the Public Hearing.
A.2. Potential Action Item – (See IV. A.1.)
Commissioner Beverly Evans motioned to approve File # CUP-2009.09, Condition Use Permit with staff recommendations. Commissioner David Wood seconded the motion. Roll Call Vote was unanimous in favor. Commissioner Kevin Tominey and Commissioner Paul Pugmire were absent from vote.
V. PUBLIC HEARINGS AND POTENTIAL *LEGISLATIVE ACTION ITEMS
*Legislative Action = More Discretion, Reasonably Debatable (Subjective Standard)
B.1. Proposed Text Amendment to Section 17.112 of the Zoning Ordinance pertaining to Wireless Communication Facilities.
Community Development Director George Shaw reviewed all background information on this item. He also apologized that the draft used in the staff report was not the most recent draft. The Commissioners each received a copy with Sub paragraph 3 added.
Chairman Linda Auger opened the Public Hearing to comments. There were none. She closed the Public Hearing.
Commissioner David Wood asked if we know how near the ground equipment has to be to the actual antenna.
Community Development Director George Shaw said he could not recall what the T-Mobile people said the distance was.
Assistant Attorney Ryan Loose said he thought T- Mobile said it was 100 ft to 150 ft. Anything further than that, they don’t want to run the wire because it is too expensive.
Commissioner David Wood said he assumed they would have to pay rent to someone for putting it on their property.
Community Development Director George Shaw said they would have to have signed lease agreement with the property owner.
Assistant Attorney Ryan Loose said the lease agreement with the City would be a lot less because they would not be leasing the ground equipment, they would only be leasing the pole.
B.2. Potential Action Item – (See IV. B.1.)
Commissioner David Wood motioned to recommend City Council approve the proposed Text Amendment to Section 17.112 of the Zoning Ordinance pertaining to Wireless Communications Facilities as proposed by staff and including paragraph three that was given to the Commissioners in the Planning Commission Meeting. Commissioner Beverly Evans seconded the motion. Roll Call Vote passed unanimous in favor. Commissioner Paul Pugmire and Commissioner Kevin Tominey were absent from the vote.
C.1. Proposed Text Amendment to Section 16.04.200 of the Development Code pertaining to fencing.
Community Development Director George Shaw said some things have changed since this item was noticed to the Planning Commission. Last Tuesday at the City Council Meeting there was an application for an appeal to our collector street fencing street ordinance in regards to back facing lots. It was denied. However there were issues that were brought up in that meeting regarding collector street fencing. The City Council has asked staff to go back and look at this. Rather than proceed with this tonight, I can explain why this is on the Agenda, and we can discuss it tonight if you would like. We would respectfully recommend tonight that you go ahead with the Public Hearing, take any public comment, but not take any action on this item until we can go back and address the other issues that the City Council has asked us to look at, and bring back a more comprehensive Zone Text Amendment that would address not only front facing fencing on collector streets, but also back facing.
Community Development Director George Shaw reviewed background information on this item.
Chairman Linda Auger opened the Public Hearing to comments. There were none. She closed the Public Hearing.
C.2. Potential Action Item – (See IV. C.1.)
Commissioner Beverly motioned to table this item until we have complete text and revisions. Commissioner David Wood seconded the motion. Roll call vote was unanimous in favor. Commissioner Paul Pugmire and Commissioner Kevin Tominey were absent from vote.
VI. OTHER BUSINESS
None
Commissioner Evans made a motion to adjourn. Commissioner Wood seconded the motion. Motion was unanimous in favor.
The June 9, 2009 Planning Commission Meeting adjourned at 7:15 p.m.
ADJOURNMENT
This is a true and correct copy of the June 9, 2009 Planning Commission meeting minutes, which were approved on June 23, 2009.
South Jordan City Recorder