CITY OF SOUTH JORDAN

PLANNING COMISSION MEETING

COUNCIL CHAMBERS

 

September 08, 2009

 

Present:         Chairman Linda Auger, Commissioner Kevin Tominey, Commissioner Paul Pugmire, Commissioner Beverly Evans, Commissioner David Wood, Community Development Director George Shaw, Assistant City Attorney Ryan Loose,  Planner Damir Drozdek , Deputy City Recorder Cindy Valdez

 

Others:           Paul Huber

 

6:30 P.M.

 

REGULAR MEETING

        

I.   GENERAL BUSINESS

 

A.     Welcome and Roll Call

 

Chairman Linda Auger welcomed everyone attending the Planning Commission Meeting.

 

B.     Motion to Approve Agenda

 

Commissioner Kevin Tominey made a motion to approve the September 8, 2009 Planning Commission Agenda. Commissioner David Wood seconded the motion. Vote was unanimous in favor.

 

C.     Approval of the Minutes from the Meeting held on August 25, 2009

 

Commissioner David Wood made a motion to approve the August 25, 2009 Planning Commission meeting minutes with corrections. Commissioner Kevin Tominey seconded the motion. Vote was unanimous in favor.

 

 

II.   INFORMATIONAL ITEMS AND OTHER BUSINESS

 

A.     CALENDARING ITEMS

 

Community Development Director George Shaw said we are trying to schedule another workshop like the one we had on August 12, 2009. We are looking at two dates in October, the first date is Thursday October 8th and the second date is Wednesday October 14. I would like to get input from the Commissioners tonight to see which date would work best for all of you. All five Commissioners said either date would work, but the preference would be for October 8th.

 

B.      COMMENTS FROM PLANNING COMMISSION MEMBERS

 

Commissioner Kevin Tominey said he would like to thank whoever decided to put a turn signal in at the end of 10400 S. We have not had one there for a long time, it was much needed.

 

Chairman Linda Auger said she would like to thank The City Council and City Staff for the beautiful flowers that were sent to me after a medical procedure I had done.  

 

 

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)

 

None

 

V.   PUBLIC HEARINGS AND POTENTIAL *LEGISLATIVE ACTION ITEMS

                        *Legislative Action = More Discretion, Reasonably Debatable (Subjective Standard)

 

A.1.      File # REZ-2009.04, Rezone Application from A-1 (Agricultural Zone, one acre minimum lot size) to C-N (Commercial-Neighborhood), Tyler Howland (applicant).

 

Planner Damir Drozdek reviewed background information on this item.

 

Chairman Linda Auger asked Planner Drozdek if the Agricultural Zone is where they are permitted to have large animals.

 

Planner Drozdek said yes.

 

Chairman Linda Auger asked Planner Drozdek if there are there any animals on the property at this time.

 

Planner Drozdek said none that I am aware of.

 

Gary Allen, 9450 S. Redwood Road South Jordan, Utah – said the barn was converted 7 years ago, but it was not converted as an office. The inside was completed initially for my mother to reside in. The utilities and plumbing were already in, there was nothing new brought into the facility. My mother passed away about four days before it was actually completed, so I have been using it as a home office for the past 7 years. The only reason we are requesting to have this done is because about 2 months ago the City came out with compliance and wanted to see our business license, even though they new we didn’t have one. We had applied for one a couple of times, but were denied both times. My home office is a shopping center that I own in Murray called The Point of 53rd. There is myself, my son and one other individual that work out of this office. We have no intent of expanding at all. We just want to be in compliance with the City.

 

Chairman Linda Auger said it sounds like you are just trying to tie up some loose ends and you  have no intentions of increasing your business at this location, is that correct?

 

Mr. Allen said that is correct, we are trying to tie up the loose ends. I would like it to go on Public Record that we would like the Commission to help us get in contact with Ty Montalvo in the Building Department. We have called him 5 or 6 times and cannot get him to return our phones calls. I would like to talk to him about the specific things we need to do to be in compliance in some other areas.

 

Community Development Director George Shaw said the reason for that in part is, it is difficult for them to go out and do an inspection on a use that doesn’t exist or shouldn’t exist under the current zoning. That is probably why he has not returned your phone calls; he is probably waiting to get the zoning done before he calls you back.

 

Mr. Allen said I am also asking because, unbeknownst to me, compliance is saying that we never got final inspection on our pool. I have been trying to find out specifically what we need to do to get it in compliance, but again, he will not return my phone calls.

 

Community Development Director George Shaw said I will follow up with Ty Montalvo regarding your issues.

 

Chairman Linda Auger said to Mr. Allen, we will get you an answer tonight. Then the City can help you get everything corrected, so you do not have to have these issues anymore.

 

Mr. Allen said as I read the staff recommendation, it talked about potential access changes that may have to come into play as a result of the zone change. We do not want to ruin the aesthetics of this property; we have already spent a lot of money on the lane with trees. If any of you have been there and seen what we have done, there has been a tremendous amount of money put into this. In the future, if this use were ever expanded where more people wanted a conditional use, and wanted to have access to it for public access and used as a public building, more in line with a traditional office. At that point I am sure we have the property needed to increase the scope of the access. It is something we are not going to want to do, because it will destroy the value of what we have already put in there.

 

Commissioner Tominey asked Mr. Allen if the 1.4 acres is a separate parcel.

 

Mr. Allen said yes. I bought the Farmers Market and then I bought Tax Property; that is when we sold part of the property to South Jordan City for the park on 9400 S. and developed Kelsie Cove. In doing that, one of the things we did is create a new access for our home out of Kelsie Cove which is actually Riley Ann Circle. We are not trying to create two separate parcels, but we are trying to retain the back part of the 1½ acres as residential property because it has its own separate access. The front property which would be the office has its own separate access from Redwood Road.

 

Planner Drozdek said the County records show this listed as one parcel.

 

Chairman Linda Auger opened the Public Hearing to comments. There were none. She closed the Public Hearing.

 

Commissioner Kevin Tominey asked can we do this? I didn’t think that we could rezone part of a piece of property that has not been properly divided. 

 

Community Development Director George Shaw said it is not a great practice, but you see it all over the place especially on larger parcels. It is not uncommon to have a large piece of property and have two different zones. If they came in at some point and wanted to sell off the commercial part, and keep the residential, or sell one or the other, it would be subdivided at some point. Our concern at this time would be, if we need the commercial standards or not, rather than does it follow a prescribed property line. If there was a property line that did not match up, we would have some concerns, but we don’t have that concern at this point.

 

Assistant Attorney Ryan Loose said from a legal standpoint I do not know of anything in State Law that prohibits this. Typically the subdivisions happen because you are trying to sell the lots. As you begin to subdivide the property and you decide you don’t want to sell it to one person, you will have to legally cut it off. That is a subdivision process. Our ordinance as George said, is somewhat unclear, but he is the zoning administrator as well as the Community Development Director and he interprets the ordinance; he is interpreting this in a way that “yes” it can be done.

 

A.2.      Potential Action Item – (See V. A.1.)

 

Commissioner Paul Pugmire motioned to approve File # REZ-2009 .04 Rezone application from A-1 (Agricultural Zone, one acre minimum lot size) to C-N (Commercial – Neighborhood. Commissioner Beverly Evans seconded the motion. Roll call vote was unanimous in favor.

 

VI.  OTHER BUSINESS

 

            None

 

Commissioner Beverly Evans motioned to adjourn. Commissioner Kevin Tominey seconded the motion. Vote was unanimous in favor.

 

 

ADJOURNMENT      

 

           

The September 8, 2009 Planning Commission Meeting adjourned at 6:55 p.m.

 

Meeting Minutes prepared by Deputy City Recorder Cindy Valdez

 

This is a true and correct copy of the September 8, 2009 Planning Commission meeting minutes, which were approved on September 22, 2009.

                                               

South Jordan City Recorder