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Home » Departments » About Us » Planning and Zoning Minutes » October 18, 2006
October 18, 2006
PLANNING AND ZONING COMMISSION MEETING
October 18, 2006
The Milford City Planning and Zoning Commission meeting was called to order by Chairperson Thieme at approximately 7:00 p.m.
Present were, Chair: Bob Thieme. Members: Cory Beebe, Cullen Carter, Lisa Carter, Bonnie Hardy and Terry Wiseman. Zoning Administrator: Arden Fowles, City Engineer April McKeon. Visitors: Kevin DeMille of Redstone Development, Paul Luke Michael McCarroll, Chad McAllister and Cade L. Cooper of Lost and Found Youth Academy.
1. Review and approval of the regular meeting minutes of September 13, 2006. Commissioner Lisa Carter made a motion to approve the minutes as written, Commissioner Beebe seconded the motion and all were in favor. The motion passed unanimously.
2. Review and Discussion with possible action regarding a Residential Treatment Center (Lost and Found Youth) to operate (Conditional Use Permit) at 680 West 300 South (the old Milford Elementary School building and grounds). Mr. Cooper spoke at some length about the proposed operation of the “Lost and Found Youth Academy”, he and Mr. Luke answered questions from the Commissioners and gave them a binder containing a full copy of the Academy’s Policies and Procedures. Following discussions Chairman Thieme explained the need for a conditional use permit for the business type in a residential zone. The results of reading the four (4) findings for a conditional use was; Section 13.36.040 of the Zoning Ordinance requires that the Planning & Zoning Commission make the following findings before granting a conditional use permit:
A. That the proposed location of the conditional use is in accord with the objectives of this title and purpose of the district in which the site is located; and
B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity; and
C. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments; and
D. That the proposed conditional use complies with the goals, objectives and policies of the Milford City General Plan.
a) The district is RM-6 and positively states in section 13.14.030.3 that “Licensed Community Care facilities including: Residential Facility; Adult Day Care; Day Treatment; Social Rehabilitation Facility; Community Treatment Facility;” are permitted as Conditional Uses (section 13.13.030.8).
b) Operated as governed by the state rules for Residential Treatment Facilities and other Local, State regulations and the Conditions imposed for operation by Milford City we expect the operators to place no negative impact on the community.
c) No variances or adjustments are applicable to this operation and full compliance with all rules and regulations as they apply to this type operation is expected and demanded.
d) Though not specifically stated, the intent is clear under Goal PS6, which is written to encourage social services, albeit it is written with respect to existing and future residents.
Oct. 18, 2006 Planning & Zoning Minutes continued
A proposed Permit was presented to the assembled and discussion was held on the subject of emergency services and legal costs arising from the operation of this treatment center not being borne by county or city citizens.
Chairman Thieme then asked for a motion on the petition for a Conditional Use Permit. Commissioner Beebe made a motion to allow a Conditional Use Permit provided item # 5 of the proposed permit be restated to include a release of liability to the local citizens for costs incurred by the facility for emergency and legal circumstances. Commissioner Wiseman seconded the motion. All were in favor. The motion passed unanimously.
3. Review, discussion and actions regarding the Fox Hollow Subdivision ( phase 1) plans proposed for the newly annexed property to the west of Milford. Kevin DeMille and April McKeon discussed the project and answered questions for the commission, primary to the initial discussion was how the ground water and drainage would be managed. April explained that the developer has planned the drainage to be in accordance with the wishes and advice of the City Foreman. Chairperson Thieme said that he was willing to accept a motion regarding the acceptance or denial of the plan, but had several items to suggest that should accompany a recommendation to the City Council. The items were: 1) Consideration of water rights to be delivered to the city by and from the developer. 2) Fire Hydrant pressure tests to be completed. 3) A secondary water source and delivery system to be made available to the city for irrigation purposes. 4) Green Space consideration, however nothing recommended for the phase 1 project. 5) Street, Curb and gutter development north to the Highway SR-21 connection. Commissioner Cullen Carter made a motion to approve the phase 1 plan and to recommend it to the City Council with the five (5) items mentioned for consideration. Commissioner Beebe seconded the motion. All were in favor, motion passed unanimously.
4. Commission Reports and Comments. There were no further comments or business before the Commission. Chairman Thieme adjourned the meeting at approximately 8:00 p.m.
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