|
Home » Departments » About Us » Planning and Zoning Minutes » Planning and Zoning January 9, 2008
Planning and Zoning January 9, 2008
MINUTES OF MILFORD CITY
PLANNING AND ZONING COMMISSION MEETING
26 SOUTH 100 WEST, MILFORD, UTAH
WEDNESDAY, JANUARY 9, 2008 7:00 PM
The Milford City Planning and Zoning Commission meeting was called to order by Chairman Pro-Tem Beebe at 7:10 p.m.
Present: Chairman Cory Beebe; Commissioners Shaun Higgins, Malina Stewart, Lisa Carter, Terry Wiseman and John Killam; Zoning Administrator, Makayla Bealer.
Absent: Commissioner Cullen Carter
Visitors: Sarah Wray – General Interest, Richard Bradshaw – General Interest, Jesse McDermott – Conditional Use Permit Application
RECOGNITION AND RESPONSE TO VISITOR
Conditional Use Permit- Jesse McDermott’s Application for an Automotive Repair Shop Located at 356 South Main Street.
Jesse McDermott expressed to the Planning and Zoning Commission his interest of opening an automotive repair shop located at 356 South Main Street. Mr. McDermott asked the Planning and Zoning Committee if all the conditions would have to be met before he could open for business. Chairman Pro-Tem Beebe explained to Mr. McDermott the conditions are stipulations for how to run your business; however the planning and zoning committee could set a time frame that all of the conditions shall be met. Ms. Bealer explained if the conditions are not met within the time frame then the CUP is revoked.
Chairman Pro-Tem Beebe requested that Mr. McDermott share is goals and plans for his business with the committee. Mr. McDermott explained the shop would be a body repair shop and eventually he would like to buy the property from Bryan Warby. Commissioner Higgins stated that the main concern for the Planning and Zoning is keeping the property clean and free of used tires, batteries and debris.
Mr. McDermott asked the Planning and Zoning Committee if the Conditional Use Permit is issued under my name, am I responsible for the CUP. Ms. Bealer explained that a CUP runs strictly with the land and are not personal to the applicant. CUPs, and the rights thereunder, transfer with ownership. However, regardless of change of ownership, the planning and zoning committee may review the permit holder’s compliance with the conditions of the permit. If at any time the permit holder violates the conditions or the conditions are not met, Planning and Zoning may take remedial action as is necessary and revoke the permit to assure continued compliance. Pro-Tem Beebe asked Ms. Bealer if the Planning and Zoning Committee has the authority to only issue a CUP for one year. Ms. Bealer stated that conditions transfer with the land, whoever owns the property / operating the property is responsible for the CUP. Alternatively, the planning and zoning may issue a one year CUP, so the conditions can be reviewed and changed depending on the property. Mr. McDermott agreed with the Planning and Zoning Committee that a CUP being issued for one year would work best.
The Planning and Zoning Commission review the conditions for permit 2008-1 that was prepared by Ms. Bealer. After reviewing the Conditional Use Permit 2008-1 the planning and zoning committee set the following conditions for Mr. McDermott’s CUP:
1. Finish Curb, Gutter and Sidewalk to property line along south side of the property.
2. Traffic Ingress and egress shall not adversely affect the general traffic patterns of the area.
3. Parking facilities and location shall not adversely affect internal circulation or access to public streets. Parking will be paved and lined so as to aid in proper circulation.
4. Business shall not create any pedestrian traffic hazards nor cause any blind approaches to sidewalks, alleys or streets.
5. Building design, landscaping, lighting, signage and parking facilities will be compatible with or complimentary to already established adjacent structures and lots of the zone.
6. Landscaping shall be maintained in accordance with section 13.33.
7. All outside storage shall be fenced for privacy.
8. Site shall be kept clean, free of debris and constantly well maintained.
9. A maximum of 10 vehicles and 1 personal and 1 shop vehicle can be parked on the property at any one time.
10. Vehicles shall only remain in the parking lot for a maximum of 2 weeks.
11. Salvage vehicles are not permitted on site.
12. Storage of used oils and lubricants shall not be allowed on property; unless proper containment basin and storage facility is in place.
13. Used tires and battery must be kept to a minimum and won’t be allowed outside storage greater than 10’ by 15’ by 8’ high. Battery and tires must be removed to a recycling firm upon capacity.
14. If any hazardous materials or chemicals should be used upon the site, Milford City reserves the right to carefully evaluate the potential impact of such material or chemicals and rescind or deny the conditional use permit based on any adverse findings.
Ms. Bealer stated that a motion cannot be made to approve the CUP, due to the applicant not providing the City Office with the affidavit that stated that Jesse McDermott is the agent authorization for Bryan Warby property. Pro-Tem Beebe tables the motion until next meeting.
CONSENT ISSUES
Review and approval of the regular meeting minutes of December 12, 2007.
MOTION: Commissioner Wiseman made a motion to approve the minutes as written, Commissioner Higgins seconded the motion, and all were in favor. The motion passed unanimously.
BUSINESS
Appointment of a Chairman
MOTION: Commissioner Wiseman made a motion to appoint Commissioner Beebe as the Planning and Zoning Chairman, Commissioner Higgins seconded the motion, and all were in favor. The motion passed unanimously.
Review, Discuss and Action on RM6S Zone and Rezoning 800 S to the Highway Commercial District on 700 West; on the west side of the street.
The Planning and Zoning Commission reviewed the information that was discussed and presented in the December 12, 2007 Regular Meeting.
Commissioner Stewart recommended to zone from 600 South to Highway 21 a RM6 to prevent having to deal with property lines.
This item was tabled until next meeting. The commission will review the CCNR from the Ironwood subdivision and provide Ms. Bealer with a list of guidelines that they feel should be added to the RM6S zone to make it stricter by January 31st. Ms. Bealer will consolidate the information and provide it to the commission at the next meeting.
Discuss and Action on Wind Turbine Legislation.
The Planning and Zoning Commission review the legislation for wind turbine and decided to table until next meeting, so the public hearing can be held for the Wind Turbine Legislation and the RM6S Zone at the same meeting.
Conditional Use Permit Ordinance- Section 13.36.100 Use Permit to Run with Land.
Ms. Bealer stated that the Utah League of Cities and Towns has confirmed that Section 13.36.100 in the Milford Municipal Code needs to be removed. CUPs “run with the land” and are not personal to the applicant. CUPs are a land use designation. They are issued or denied based on objective written criteria and cannot be subjective. However, regardless of change of ownership, the Planning and Zoning Commission may review the permit holder’s compliance with the conditions of the permit. If at any time the permit holder violates the conditions of the permit, the Planning and Zoning Commission may take such redial action as is necessary to revoke the permit to assure continued compliance.
Ms. Bealer recommended, Use Permit to Run with the Land Section 13.36.100 state:
A conditional use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application.
MOTION: Commissioner Wiseman made a motion to recommend Use Permit to Run with the Land Section 13.36.100 to be taken to the City Council, Commissioner Higgins seconded the motion, and all were in favor. The motion passed unanimously.
COMMISION REPORTS AND COMMENTS
Makayla Bealer, Zoning Administrator reported the following:
o Michael Mayer has contacted the City Office with an update on his CUP. Mr. Mayer has received his trailer and his going to start hauling off the tires as soon as the weather permits him to. He will keep the City Office informed of his progress.
ADJOURNMENT
As there was no further business, Chairman Beebe adjourned the meeting at 8:30 p.m.
CITY OF MILFORD
Date Approved:
May 14, 2008
As Recorded and Presented By:
Makayla L. Bealer
|
|
|
