North Ogden City Planning Commission purpose is to: provide for the health, safety, and welfare, and to promote the prosperity, improve the morals, peace and good order, comfort, convenience and aesthetics of the city and its present and future inhabitants and business, to protect the tax base, secure economy and governmental expenditures, foster the states’ agricultural and other industries, protect both urban and non-urban development, to protect property values, and to govern uses, density, open spaces, structures, buildings, energy efficiency, light and air quality, transportation, and public alternative transportation, infrastructure, public facilities, vegetation, trees and landscaping. (Ord. 15-93 1, 1993: Ord dated 5/11/53 1-2, 1953)
North Ogden City Planning Commission meets the first and third Wednesdays of each month. The meetings start at 6:00 p.m. All citizens and interested individuals and parties are invited to attend. There will be an opportunity for public comment and input following the end of each regular meeting.
Members of Planning Commission
Jon Bingham, Chairman
Bruce Catanzaro, Vice- Chairman
Joan Brown, Commissioner
Allan Dalpias, Commissioner
Dave Hulme, Commissioner
Ken Kiser, Commissioner
Steve Quinney, Commissioner
North Ogden Planning Commission October 20, 2010 Page 1
NORTH OGDEN PLANNING COMMISSION 1
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MEETING MINUTES 3
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October 20, 2010 5
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The North Ogden Planning Commission convened in a regular meeting on October 20, 2010 at 7 6:00 pm in the North Ogden City Municipal Building, 505 E. 2600 N. North Ogden, Utah. 8 Notice of time, place and agenda of the meeting was delivered to each member of the Planning 9 Commission, posted on the bulletin board at the municipal office and posted to the Utah State 10 Website on October 15, 2010. Notice of the annual meeting schedule was published in the 11 Standard-Examiner on January 24, 2010. 12
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COMMISSIONERS: 14
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Bruce Catanzaro Commissioner 16
Ken Kiser Commissioner 17
Steve Quinney Commissioner 18
David Hulme Commissioner 19
Allan Dalpias Commissioner 20
Joan Brown Commissioner 21
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STAFF: 23
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Craig Barker Community Development Director 25
Gary Kerr Building Official 26
Jennifer Thomas Planning Technician 27
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EXCUSED: 29
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Jon Bingham Chairman 31
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VISITORS: 33
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Walt Neibauer 587 East 3600 North - Resident 35
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REGULAR MEETING 37
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Commissioner Catanzaro called the regular meeting to order at 6:00 pm. Commissioner Hulme 39 offered the invocation and led the audience in the Pledge of Allegiance. 40
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Craig Barker asked the Commission to move to number four on the agenda because Dave 42 Carlson, the City Attorney was there to discuss the Entertainment Overlay Zone. 43
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4. REVIEW THE “ENTERTAINMENT OVERLAY ZONE” IN THE CITY’S ZONING 46 ORDINANCE 47
Craig Barker introduced Dave Carlson and reminded the Commission of their discussion 48 regarding the Entertainment Overlay District. Dave Carlson explained to the Commission that 49 overlay zones are common zoning tools. Other cities have used them in historic districts and 50 transit oriented districts. He said, generally cities will use an overlay zone as an incentive to 51 attract certain types of development. It can be helpful when you don’t want to change the 52 underlying zone. Everything that is allowed in the commercial zone will stay the same. The 53 overlay zone is another set of regulation over a specific district with incentives to attract 54 businesses. 55
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Mr. Carlson told the Commission, he and Mr. Barker began discussing the option of an overlay 57 because of the issues with the Walker Theater and the sign ordinance. Mr. Carlson said he 58 believes Kerry Walker made a compelling argument about needed a bigger sign; however zoning 59 requirements have to be applied equally. The overlay zone would fix Walker Theater’s issue 60 because it’s a zone within a zone. An entertainment overlay zone could attract a lot of traffic and 61 encourage a night-life area. Businesses tend to feed off each other and they could share parking. 62 People could park once, go out to dinner and walk over to see a movie. Mr. Carlson said, 63 according to research night-life businesses do better when they are clustered together. An 64 example is 25th Street in Ogden, with the Megaplex and Fat Cats. 65
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Mr. Carlson said the Economic Development Committee discussed applying the overlay zone 67 throughout all commercial zones, but that is something the Planning Commission will have to 68 decide. Usually an overlay zone is used for a specific district and the Commission can decide 69 where that is. He said the draft provided to the Commission came from another city’s overlay 70 district. It was designed for a transit hub district, so not all the uses would apply in an 71 entertainment overlay district. The basic principles apply regardless of the use and the 72 Commission can decide what uses to include. 73
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Mr. Catanzaro asked if there can be multiple overlays in one are. If an overlay is granted for the 75 Walker Theater can another business request one in the same area or would they need to be 76 contiguous? Mr. Carlson said he didn’t think that would be a problem. Mr. Kiser asked if there 77 might be problems with existing businesses. If they start requesting bigger signs wouldn’t this 78 diminish the City’s Zoning Ordinance? Mr. Carlson told him the Planning Commission would 79 have to approve the variances. Mr. Hulme said that is not the purpose of the entertainment 80 overlay zone. Mr. Kiser said the Commission would have to be careful with what is approved. 81
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Mr. Carlson said the theater is a great anchor for a night-life area where people can go on a date 83 or kids can hang out. Mr. Kiser said he thinks it is a good idea, but doesn’t want Washington 84 Blvd to look like Riverdale Road. Mrs. Brown said no business has requested a sign as large as 85 what Kerry Walker is asking for. She said theaters in Layton and Syracuse don’t have large 86 marquee signs listing their movies. She added, it seems all of this is for one person and she isn’t 87 comfortable with it. Mr. Catanzaro said the Economic Development Committee is doing more 88 than just thinking about Kerry Walker’s sign issue. The entertainment overlay zone is a way to 89 bring in more businesses. Mrs. Brown said she thinks that is true, but she believes there are more 90 issues that need to be resolved. For example, the Commission discussed the liquor license issue 91
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months ago and it still hasn’t been resolved. She said, if Applebee’s wants to come in as part of 92 the entertainment overlay zone, they wouldn’t be able to because the City cannot accommodate 93 them. She added these types of issues must first be resolved. Commissioner Hulme told her that 94 the overlay zone is part of the issues that need to be resolved first to accomplish the overall goal 95 of the City. He added, the Economic Development Committee feels the purpose this zone would 96 be to alleviate some of the current problems that are preventing businesses to come here. 97
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Commissioner Brown pointed out child care was in the draft and doesn’t make sense to include 99 that use in the entertainment overlay zone. Mr. Carlson reminded her that he had borrowed the 100 draft from another city that created and overlay zone for a transit hub. She said in the King’s 101 plaza there is an empty shopping center with a child program and it’s chaotic. She told the 102 Commission, people are parking on the street and it is running out into the street. She added that 103 she spoke to the police department and to Mr. Barker, and no one has done anything about it. She 104 said twice a day you cannot get through the shopping center. She asked the Commission if they 105 are opening the door for another idiotic situation. Commissioner Hulme replied that there is a 106 section that includes prohibited uses and child care can be included. He added, the conditional 107 use section could say “the following uses are conditional uses even if allowed in the base zone”. 108
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Commissioner Brown asked if the animal hospital has a conditional use permit. Mr. Barker told 110 her he didn’t know right off hand. She asked, if in a few years when the entertainment zone takes 111 off, would the conditional use permit for the animal hospital be denied because the area has 112 grown into an entertainment area. Commissioner Catanzaro told her they would be grandfathered 113 and it couldn’t happen. Commissioner Brown asked if it could be in writing. Mr. Barker told her 114 they could make statements inside the new ordinance. He said they need to look at what is 115 allowed in the City’s ordinance. He explained the commercial zone is the base zone and the 116 Commission can decided permitted uses. The Commission needs to decide which uses to 117 include. Mr. Barker told the Commission the overlay zone could include; theater, restaurants, 118 bowling alleys, arcades, or whatever desirable use in the entertainment overlay zone. 119 Commissioner Brown said the most recent enhanced bowling alley, is the Davis Bowling Alley. 120 She said before it was remodeled it looked like a war zone and now it is beautiful. 121
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Mr. Barker said he and Jennifer Thomas took pictures of various signs for the Economic 123 Development Committee and they had come across a few specialty signs. He said businesses in 124 the entertainment zone could be allowed to have special signs and effects. The Commission 125 could specify which business would be allowed to have the specialty signs. Commissioner 126 Brown asked Mr. Barker if he thought the Walker Theater would be appropriate for the 127 entertainment overlay zone. Mr. Barker said he has thought about it and the vacant property right 128 next to it. Mr. Baker said there is a road project to run through that area in the future. 129 Commissioner Brown said Kerry Walker intends on putting more stadium theaters in. Mr. Barker 130 said there are other areas throughout the City where that could be a possibility. 131
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Commissioner Brown said she has concerns about the animal hospital. She said she has used 133 their kennel services and if there was an entertainment zone close-by she might not take her 134 animals there. She feels the animal hospital might lose business because of the Commission’s 135 decision. Mr. Barker said he had talked to the owners and explained no decisions have been 136 made, but they will have the chance to speak at a public hearing. Commissioner Brown said 137
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grandfathering would be important phrase to put into the ordinance. Commissioner Brown 138 added, she is from California where everything is eminent domain or conditional use. Mr. Barker 139 replied that the City does not have any powers of eminent domain unless it is for a specified 140 public purpose. 141
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Commissioner Brown said she didn’t feel child care is an appropriate use for the entertainment 143 overlay zone. Mr. Barker replied that the Commission can decide what to include as a use. 144 Commissioner Catanzaro said he noticed in the draft there is a maximum size of 1500 square 145 feet. He asked if 20 acres was developed into a commercial zone, would that preclude someone if 146 there was a particular business that is quite large. Mr. Barker said the Commission can determine 147 the details. Mr. Carlson said the intent is to create a zone to attract businesses. He added the 148 Commission may want to add some incentives besides signage. He said if there are four or five 149 zones fairly close to each other and the City may not want that many marquees close to each 150 other. He advised the Commission to put some thought into different types of issues that could 151 occur. Mr. Carlson told the Commission the recommendations came from Economic 152 Development Committee and they are not bound by them. 153
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Mr. Carlson told the Commission, Mr. Barker showed him pictures of signs that could be 155 described as very large monument sign. Mr. Carlson said if large signs conflict with the look and 156 feel of the rest of the community, the Commission may require conditional use permits for large 157 signs. He added, there may be opportunities for businesses to share parking and that would 158 reduce parking requirements. He told the Commission to think about what experience they want 159 if they go on a date. He said parking is always a big deal and drive access is important. There 160 shouldn’t be a lot of drive accesses. 161
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Commissioner Brown said a few meeting ago Mr. Barker indicated that Boyer was just about 163 ready to bring development plans forward. Mr. Barker told her he only heard they had some 164 sketch plans, but he has not seen anything yet. He added the City was told Boyer is waiting for 165 one more commitment form a major tenant. Commissioner Brown said they need to know their 166 intentions so it is not duplicated. Commissioner Catanzaro told her that was his reason for asking 167 if multiple zones were going to be allowed. Mr. Barker said they could always ask Boyer about 168 his intentions. 169
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Commissioner Brown said the draft Mr. Carlson has provided is a good guideline and the 171 Economic Development Committee has done a great job, but she thinks it will take more 172 discussion because of the major impact on our the City. Commissioner Catanzaro said they have 173 a good rough draft and now it needs to be in ordinance format so the Commission can decide on 174 the language. 175
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Mr. Barker said the Commission can consider requiring a minimum parcel for the entertainment 177 overlay zone. Right now the commercial district doesn’t have a minimal parcel size requirement 178 because of past issues, now street frontage is the only requirement. An example is the King’s 179 Shopping Center; they all have a 60 foot frontage area. Commissioner Brown said there are four 180 owners in the King’s plaza and that can be developed into an overlay zone. The City might think 181 about encouraging that. 182
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Commissioner Catanzaro asked if the next step would be to a draft ordinance. Mr. Barker said 184 yes, he and Mr. Carlson will go through the current zone and determine what uses to included. 185 The Commission discussed options on how to address signage issue. Commissioner Hulme said 186 the Commission is trying to “shoe-horn” the zone too much. He added, if a business wants to be 187 in the entertainment overlay zone they should submit a plan for a conditional use permit. That 188 would give the Commission the flexibility to look at the plans. Mr. Barker stated there is both 189 good and bad in that. Businesses may not want to share a sign. Commissioner Hulme said there 190 may be issues if the ordinance is too restrictive and thinks it would be better if a person brings 191 their plan to the Commission for approval. 192
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Commissioner Brown told Mr. Barker she liked what he said about decorative signs and they 194 may want to bring back the Design Committee for these decisions. Mr. Barker said she may 195 have the opportunity to discuss that because the Economic Development Committee is 196 discussing that issue. He told her that he and Mrs. Thomas took photos of various signs to for the 197 Economic Development Committee so they can determine the characteristics that fit in North 198 Ogden. He said he would like to stay away from the lollypop signs, or the single metal pole 199 signs. Commissioner Brown asked if the Economic Development Committee has a copy of the 200 Design Committee’s criteria. Mr. Barker said yes it is on the City’s Website. Commissioner 201 Brown said she doesn’t have a problem with big signs as long as they harmonize with the rest of 202 the community. The Commission discussed the Design Committee criteria and how it can be 203 incorporated into the signs allowed within the entertainment overlay zone. 204
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Mr. Barker said they will revise the economic overlay zone draft using the C2 zone as base. 206 Commissioner Catanzaro asked how the Commission feels. Commissioner Quinney said they 207 need to look at the existing commercial zone. Commissioner Catanzaro said if staff provides a 208 draft then they can review it. Mr. Barker said the particular requirements of the commercial 209 zones will remain. Commissioner Kiser agreed the ordinance should be flexible. Commissioner 210 Hulme said if it is too complicated then the Commission would have to spend many hours 211 picking a part a draft ordinance. Commissioner Catanzaro said they we need to get started 212 somewhere. Mr. Barker agreed it needs to be simple. Commissioner Hulme said they could make 213 it similar to the PRUD Ordinance, where the developer would have to offer something to the 214 City in return for flexibility. Commissioner Kiser agreed. Commissioner Hulme said it could be 215 called a PCUD, planned commercial urban development. The Commission discussed what 216 should be listed as a permitted use and incentives that could be offered in the entertainment 217 overlay zone. 218
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Commissioner Catanzaro stated there has to be rules and it needs to start here. There needs to be 220 an ordinance and the Commission can work on the details. He added the Commission shouldn’t 221 make a decision about everything, that’s what ordinances are for. Commissioner Hulme said it 222 can be like the PRUD, if the developer wants to change the rules then this would be a way to do 223 that. Commissioner Quinney said there won’t be too many overlay zones because there is only so 224 much land. 225
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Commissioner Brown asked about UDOT’s restrictions on frontage road. Mr. Barker explained 227 that UDOT has certain requirements on access roads, but a person can construct a frontage road 228 or apply for a variance. Commissioner Catanzaro asked if everyone agrees the Commission is 229
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looking for an augmented C2 commercial zone. Commissioner Hulme suggested calling it 230 Planned Entertainment District or PED. Mr. Barker said he and Mrs. Thomas will put something 231 together and get with Mr. Carlson. Commissioner Kiser stated he has more concerns now and 232 thinks there may be more problems. Commissioner Brown said it is important they realize what 233 this Commission can accomplish and they need to thoroughly discuss items. Commissioner 234 Quinney asked if they even know what they are trying to accomplish. Commissioner Catanzaro 235 told him that Economic Development Committee has a vision of what they are trying to 236 accomplish. The entertainment overlay zone is part of their overall goal and everyone in the 237 Committee supports it. Commissioner Kiser said if you look at communities such as Aspen and 238 Palm Springs, they are very strict with their sign regulations and he isn’t sure that’s what they 239 want for North Ogden. Commissioner Catanzaro stated they are not Park City and thinks the 240 Design Committee can put together a great plan and they need to enhance that. Commissioner 241 Kiser agreed. 242
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Mr. Barker said the Economic Development Committee began looking at our sign ordinance 244 because the complaints received from business owners. Commissioner Catanzaro stated he 245 doesn’t look at theater signs to find out what movies are playing; he usually goes to the 246 Megaplex in Ogden because they show everything. Commissioner Hulme said he doesn’t quite 247 understand Kerry Walker’s intent. He added that the Commission’s job is to help assist business 248 decisions, but he doesn’t want to start second guessing someone’s business decisions. 249 Commissioner Brown stated if the sign can be complementary to the Design Committee’s 250 standards and harmonizes with the City then they could work with it. Commissioner Hulme said 251 the picture of Kerry Walker’s sign he sent, didn’t look that big and is attractive. Commissioner 252 Dalpias said he has a different business model for his theater because he doesn’t carry everything 253 and you can’t really compare it to the Megaplex. The Commission discussed the various signs 254 and options that may be a good fit for North Ogden. 255
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With nothing further, Mr. Barker suggested moving to public comments because they had a 257 visitor. 258
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7. PUBLIC COMMENTS: 261
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Walt Neibauer, 587 East 3600 North, introduced himself to the Commission. He brought in a 263 newspaper article regarding the issue in his neighborhood. He told the Committee that he was a 264 former Planning Commissioner. He said he came to North Ogden to live in a peaceful 265 community. He said the last Planning Commission meeting was a real embarrassment to him. He 266 added, people who didn’t live in North Ogden were allowed to express their opinions. He said 267 the four people that were impacted the most were Paul Clark, Dale Swenson, Chuck Chippen, 268 and himself. He felt the Commission did not listen to them. They listened to non-resident. He 269 said they listened to the guy in Layton and another person. He told the Commission Mrs. 270 Baguley sent out emails to all her customers saying if they wanted inexpensive auto repair they 271 should come to City Council meeting, but there was no consideration for the guys next door. He 272 said he walked out of the meeting and told another person that his home was going to go down in 273 value now. A neighbor told Mr. Neibauer they don’t like his kind in the neighborhood and she 274 has a realtor he could list his house with. He told the Commission they are planning on listing 275
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their house. Mr. Neibauer asked the Commission what is his next step. He did not turn in Mr. 276 Baguley, but it wouldn’t matter if he did. He added that he could have busted him two years ago, 277 but he didn’t because he was a good guy. Now his business is out of control. 278
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Mr. Neibauer said the biggest thing that upsets him was what was said about Dale and Karen 280 Swenson. He said they are some of the biggest community leaders in the City. Dale is 80 years 281 old and was so upset, if he could cry he would have. Karen was teacher of the year and sent to 282 Washington D.C. The people across the street degraded the Swensons. Mr. Neibauer said he is a 283 model citizen and didn’t bring this problem to the City. Mr. Baguley did. He said he had moved 284 here two years before Mr. Baguley. He never anticipated coming up here to quit his job, pay cash 285 for his house, and running an illegal business out of his home. He added that Mr. Baguley didn’t 286 open a business that would benefit the neighborhood, such as a floral shop or providing piano 287 lessons. If he had Mr. Neibauer said he wouldn’t have a problem with it. He opened an auto body 288 shop and it has reduced the value of the properties around it. The City should have stopped it ten 289 years ago and now it is in the paper. 290
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Mr. Neibauer said he was upset because no one from the Planning Commission called to find out 292 what he thought about the article. He told the Commission he has a heart condition, Dale has a 293 heart condition, and his wife has respiratory problems. He said the quality of air is not the 294 problem, but the sound, the stress, and the devaluation of his property are the issues. Mr. 295 Neibauer told the Commission he now has to disclose there is an auto repair shop on his street 296 because it was in the paper. He also doesn’t think anyone will want to buy his house knowing 297 there is an idiot running a business down the street. A former fireman told Mr. Neibauer that 298 what Mr. Baguley is doing isn’t safe. He could take one gallon of gasoline, lite a match and blow 299 up his house, Clark’s house, and Mr. Neibauer’s house. Mr. Neibauer asked if Mr. Baguley is 300 going to have enough liability insurance. He added what he is doing is a hazard. 301
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Mr. Neibauer told Commissioner Brown when she drove by his house Mr. Baguley had already 303 broken his leg and wasn’t doing as much business. He said he is breaking code with the number 304 of vehicles parked around his house. Mr. Neibauer said he will talk to the newspaper and tell 305 them they need to make sure they are providing accurate information. He asked how this affects 306 Jiffy Lube and Big O Tire’s business. He asked if Mr. Baguley pays property taxes on the lift he 307 has or any of his things. He asked how this benefits their neighborhood. All of the neighbors love 308 this guy because he is a good guy and they also received oil changes and auto repairs cheap. Mr. 309 Neibauer’s said his comment is, “Tom get a stinking job”. Mr. Neibauer said Mr. Baguley has 310 had job offers but he is able to make more money because he is getting paid “under the table”. 311 Right now Mr. Baguley has a list of requirements that will be costly and Mr. Neibauer said he 312 isn’t sure he will be able to do all of it. He added that he will be talking to Mrs. Baguley again. 313 He said this issue has divided the neighborhood. 314
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Mr. Neibauer reminded the Commission what Commissioner Quinney said, “Everyone has a 316 right to do what they want in their own home”. Mr. Neibauer told the Commission when he was 317 in California one guy on his street was doing porn and another guy was cooking meth. No one 318 wanted to feel the repercussion of turning them in. He added this opens the door up to all other 319 neighborhoods, now someone can open an auto shop in their home. He told the Commission he 320 does not think its right and will going back to City Council. He told the Commission they make 321
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land use decisions. He said their jobs are important and their decision has created issues and 322 devastation. He told the Commission about a man who owns an auto shop on Washington Blvd 323 and pays $1700 a month for his lease. The man told Mr. Neibauer that he could make a ton of 324 money by doing business out of his home. Mr. Neibauer told the Commission their decision is 325 unfair to other businesses. He told the Commission he is very upset and has no reason to stay 326 here in North Ogden now. He asked the Commission what is keeping other neighbors from doing 327 similar things. He said he talked to Lynn Humphrey on 3100 North and 100 East who has an 328 auto body shop. He added that Mr. Humphrey’s on an acre lot and the garage is separate from the 329 house. The garage is set far back from his home and is big enough to hold two motor homes. He 330 said Mr. Humphrey lives in a neighborhood where other things are going on such as people 331 keeping horses and cattle. In Mr. Baguley’s case the homes are much closer and on smaller lots. 332
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Mr. Neibauer thanked the Commission for what they are doing and he acknowledges there is a 334 lot of work to do. He said he would like City Council to take this off of the ordinance. If not it 335 will come back to get the Planning Commission. Mr. Neibauer told the Commission he might 336 take this issue to District Court. It depends if he gets enough support, or if he sells his house then 337 he won’t. He stated that having neighbors say they “don’t like your kind in the neighborhood” 338 shows how uncaring people are. 339
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The Commission moved to item 3 on the agenda. 341
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3. REPORT ON CITY’S ZONING ORDINANCES SENT TO THE CITY COUNCIL: 343
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a. An amendment to section 11-11-5 “PRUD Minimum Development 345 Requirements” to add subsection G “Public Trails” to the City’s Zoning 346 Ordinance. 347
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b. An amendment to section 12-6 “Improvements, Reservations and Design” to 349 add subsection 16 “Trails” to the City Subdivision Regulations. 350
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c. An amendment to 11-16, “Home Occupations”, of the City’s Zoning Ordinance. 352
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d. An amendment to change the definition of “agriculture” in the City’s Zoning 354 Ordinance and allow it in all zones within the City. 355
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Mr. Barker reminded the Commission he said he would report the ordinances that were sent on 357 to City Council. There are two ordinances that deal with trails, the home occupation section, and 358 the agriculture ordinance that changes the definition and allows it as a permitted use all zones 359 within the City. He said they also sent the A-frame signs and banners ordinance to Council. Public 360 hearings will be set on October 26, 2010. If there are any comments or remarks there is time to add them. 361 Commissioner Brown said her neighbor is now cutting at a reasonable hours. Mr. Barker said Bruce 362 Higley must have talked to him. Mr. Barker said there are people that come to City for a variance to cut 363 their crops outside of the normal hours. Commissioner Hulme said they had talked about including 364 language in the agriculture ordinance that addresses noise and light issues. He said they need to include 365 something that says “operation of equipment that produces excess noise and light outside of normal hours 366 requires a variance”. Mr. Barker said he will be glad to add that before the public hearing. Commissioner 367
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Hulme said that language clarifies that although agriculture is allowed in every zone does not mean the 368 noise and nuisance ordinance can be violated. 369
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Commissioner Brown asked about a conversation she read in the minutes of October 6, 2010. She said the 371 minutes mentioned Quail Pond saying no to trails. She explained they didn’t just say no, there was not 372 room for it. Mr. Barker told her that the minutes reflected what was said. He also told her that Bruce 373 Jones is purchasing wetland credits for Quail Ponds. Commissioner Dalpias asked if that is done to offset 374 land purchases. Mr. Barker explained the history and the process of purchasing wetland credits. 375 Commissioner Catanzaro said if anyone wants to read through the ordinances and make comments, to 376 respond within the week. Mr. Barker told the Commission to call him with any questions. 377
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The Commission moved on to number 5 on the agenda. 379
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5. DISCUSSION REGARDING A PROPOSAL TO AMEND SECTION 11-14, 381 “CONDITIONAL USE”, THE CITY ZONING. 382
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Mr. Barker said he provided a copy of the conditional uses and the Local Land Use Development 384 and Management Amendments Act that coincides with it. He asked the Commission to read 385 through the information carefully because it talks about what can be include in the ordinance. 386 There is a list of uses in commercial zone that shows everything that is allowed. He told the 387 Commission conditional use can be included in every chapter. He said there are various 388 standards of conditional uses in the general guidelines. General conditions can specifically be 389 attached to the guidelines. He told the Commission he circled a couple areas in the Local Land 390 Use Development and Management Amendments Act they might want to look at. He said they 391 may want to read through the documents to clarify the language in the Conditional Use 392 Ordinance. Commissioner Kiser asked if Mr. Barker thought the section as a whole looks fairly 393 good. Mr. Barker said yes, but there are a couple of redundancies. He said they can eliminate 394 some of the structure and he is concerned about integrating Local Land Use Development and 395 Management Amendments Act into the city ordinance. He told the Commission conditional uses 396 have been in the zoning ordinance for 30 to 40 years. The Commission agreed to look over the 397 documents and further discuss changes in the next meeting. 398
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6. CONSIDERATION AND APPROVAL OF THE OCTOBER 6, 2010 PLANNING 401 COMMISSION MEETING MINUTES. 402
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Commissioner Kiser made a motion to approve the October 6, 2010 Planning Commission 404 meeting minutes, and Commissioner Quinney seconded the motion. 405
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Voting on the motion: 407
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Allan Dalpias yes 409
Steve Quinney yes 410
Ken Kiser yes 411
Bruce Catanzaro yes 412
Dave Hulme yes 413
Joan Brown sustain 414
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Motion passed. 416
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The Commission went back to number 7 on the agenda. 419
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7. PUBLIC COMMENTS: 421
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Mr. Barker told the Commission they have $40,000 to put towards the General Plan. He said 423 Mayor Harris, Ed Dickie, Jon Bingham, and himself are planning on meeting to discuss the best 424 options to spend the money. Mr. Barker asked if anyone else from the Commission wants to join 425 the meeting. Commissioner Hulme said he will not be there. He added that he doesn’t know 426 about finances but every time there is a City Council meeting he hears how there is not any 427 money. He told Mr. Barker he suggests they wait until after the 4th quarter sales tax revenue 428 before they spend the money on. Commissioner Kiser asked when the update needed to be done. 429 Mr. Barker told him there was no schedule, but the last update was in 2002. Commissioner Kiser 430 stated he thought the federal government updated their plans every 10 years. Mr. Barker told him 431 he will bring that up in the meeting. Commissioner Kiser asked when the meeting is. Mr. Barker 432 told him they had not set a time yet, but it will be either next week or the following week. 433 Commissioner Kiser said he will be available next week if they need another person. Mr. Barker 434 thanked him. 435
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ADJOURNMENT: 437
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Commissioner Hulme made a motion to adjourn the meeting, and Commissioner Kiser 439 seconded the motion. 440
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The meeting adjourned at 7:46 pm. 442
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Planning Commission Chair 447
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Planning Commission Secretary 451
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Date approved 455
