MINUTES OF THE GRANTSVILLE CITY PLANNING COMMISSION HELD 10/12/2017.

The meeting was held in the Grantsville City Council Chambers at 429 East Main Street in Grantsville, Utah.  Those present were Commission Chairman Jaime Topham, Commission Members Gary Pinkham, Robbie Palmer, Scott Stice, and Eric Stromberg. Also present were Council Liaison Neil Critchlow, Attorney Brett Coombs, Zoning Administrator Kristy Clark, Kristine and Jr Vera, Rod Engar, Karen Maughan, Derek Dalton, and Adam Nash.      

CALL TO ORDER AND PLEDGE OF ALLEGIANCE  

7:01 P.M.  PUBLIC HEARINGS:

a.	Consideration of a conditional use permit application for Kristine Vera at 200 Liddiard Lane for a home occupation of a retail clothing shop. The public hearing was opened by Chairman Topham at 7:02 p.m. and she called for comments. 
With no further comments being offered, Chairman Topham closed the public hearing at 7:01 p.m.  

b.	Consideration of a conditional use permit application for Christine Kenes at 
160 S Worthington for a home occupation to operate a Pet Grooming business. The public hearing was opened by Chairman Topham at 7:01 p.m. and she called for comments. 
With no comments being offered, Chairman Topham closed the public hearing at 7:02 p.m.  



THE MEETING WAS OFFICIALLY CALLED TO ORDER BY CHAIRMAN, JAIME TOPHAM, AT 7:02 P.M. 

1.	Review of C.U.P. 17-13-1224 for a home occupation consisting of obtaining puppies through a third party and then selling the puppies for Karen Maughan at 850 East Deep Wash Road. Chairman Topham recused herself from any discussion on this matter. Karen Maughan was present for this item:  Robbie started the review by asking Karen, 'How's the puppy business?' Karen replied, 'Good.' Gary asked Kristy Clark if there have been any complaints. Kristy replied that there haven't been any complaints but there has been the issue that Randi Johnson has tried to contact her and hasn't been able to. Robbie asked, 'So Randi just has to do a follow up visit? Is that the main thing?'  Kristy said, 'Yes, according to the last minutes she thought they were supposed to be every six months or something.' Scott Stice found that the minutes actually said that there were supposed to be monthly inspections. Kristy agreed. Scott asked Karen if she could explain what happened. Karen stated, 'I tried to call a couple times and she never came out and I even left a message. I don't know that I missed a call.  I have my phone on me 24/7 and I didn't have any missed messages from her. So I don't know if she has a correct phone number. Randi did come out initially for inspection and so did the guy from Tooele Health Dept.' Karen stated that she asked Randi before she left if she needed to contact her for the monthly inspection, if Randi would contact her, or if she would just show up. Randi stated to Karen that she would just show up randomly; it would be a surprise inspection. Karen stated that after two months she did try to get in touch with Randi to get the inspection scheduled. Scott asked Kristy Clark if Randi just does inspections and Kristy stated that she doesn't know what her job entails, but according to the email, Randi was waiting to hear from Karen. Scott asked Karen how she tried to get in touch with Randi and she said that she tried to contact her through dispatch.  Robbie mentioned that he knows how difficult it is to go through dispatch because they are busy. He had a situation where he had an animal that had been struck on the road and luckily, he had Randi's cell number, so he was able to get hold of her and not have to go through dispatch. Karen said that it makes sense to her why she would just show up and do a surprise inspection. Robbie agreed. Scott mentioned that the intent would be just to make sure everything is in good shape. He asked Karen how she felt she was doing with her business. Karen stated that she feels that she is doing good, and that she has had to make some changes since they weren't working like she had planned. Scott asked, 'How many puppies are you going to have? Are you going to have over 20? How has that been working?' Karen replied, 'I don't usually ever have more than 20. 18,15 is the most that I ever want to have. There only have been a few times in the 5 years that I have been out here that I have had more than 20 puppies at one time, and I don't want to have that many.' Robbie stated that it is a good sign that we haven't received any complaints. Kristy mentioned that there haven't been any recent complaints. Scott said, 'I feel that the City has a dam here if we are requiring our animal control officer to go check and you've been calling.' Attorney Coombs stated, 'Perhaps I can get with the Police Chief and together him and I could work up a plan to make sure that Officer Johnson is following up on her monthly checks.  We could provide those monthly reports to the planning commission. At this point I don't know where the disconnect is coming from. If the calls are going through dispatch, they will usually call Officer Johnson and let her know that a call came in and she needs to go check on it.' Gary mentioned, 'This is a compliance check so to speak, of what is going and what the conditions are. As you mentioned, she indicated she would do it randomly and unannounced. I don't quite understand why Randi is trying to schedule something rather than just showing up unannounced.  If you're going to schedule an inspection, you're going find what you want to find and it will pass.' Attorney Coombs said, 'That's why I offer to the council that I will meet with the Police Chief and we can work with Randi to make sure that she is going out and doing these spot checks.' Karen explained that's why she has tried to reach out and see what's going on so she doesn't get in trouble.  Gary agreed with Robbie, saying, 'Since we haven't had any complaints everything must be going well. The neighbors are okay with how things are going or we would have heard about it. I think we are in good shape.' Karen mentioned that she would like to request a couple of weeks to get everything in order before an inspection is scheduled. Robbie said that he felt that if there is an issue moving forward with the CUP it would be brought back for review. He stated that usually we don't have any issues with CUP's. Gary replied, 'With what we have seen in the last six months there doesn't appear to be a problem. Even if there is a complaint we will hear about it. I don't know that we need to have it on a six-month review.  I think that we just say that she has proven herself.' Attorney Coombs agreed that was reasonable. 
      

Gary Pinkham made the motion to remove the periodic inspection requirement on this conditional use of C.U.P. 17-13-1224 for a home occupation consisting of obtaining puppies through a third party and then selling the puppies for Karen Maughan at 850 East Deep Wash Road. Scott Stice seconded the motion.  The voting was unanimous in the affirmative and the motion carried.

2.	Consideration of a conditional use permit application for Kristine Vera at 200 Liddiard Lane for a home occupation of a retail clothing shop. Kristine Vera was present and spoke to the Commission.  Jaime stated that it is an interesting concept clothing shop. Kristine stated that it is a little boutique, not anything huge. Gary asked, 'What kind of items are you selling to anticipate only having 1-2 customers per day?' Kristine stated that she has a really small shop.  There is not a huge inventory. She has dresses and tops for ladies and little girls. Robbie stated he is glad he doesn't have any girls. Scott said that he doesn't have any issues. Jaime also said that she doesn't have any issues. Attorney Coombs asked Kristine if she has applied for a business license.  Kristy Clark mentioned that this is part of the business license process.  Attorney Coombs also asked if there will be any signage in front of her house. Kristine said there will be no signs.  

Scott motioned to approve the consideration of a conditional use permit application for Kristine Vera at 200 Liddiard Lane for a home occupation of a retail clothing shop.  Robbie Palmer seconded the motion.  The voting was unanimous in the affirmative and the motion carried. 


3.	Consideration of a conditional use permit application for Christine Kenes at 160 S Worthington for a home occupation to operate a Pet Grooming business. There was no one here to represent this item.  Kristy Clark stated that the owner was emailed. Gary questioned if in the text it said there was consideration to amend. Kristy Clark stated that she has already been approved for the CUP at a different address and she had to go back through the process, amending the address, and new notices had to be sent out to put her on the next meeting. Jaime asked if there have been any complaints. Kristy Clark stated that she hasn't received any.  Scott felt that this should be tabled until they come. 

Scott motioned to table this consideration of a conditional use permit application for Christine Kenes at 160 S Worthington for a home occupation to operate a Pet Grooming business until the next meeting. Robbie seconded the motion. The voting was unanimous in the affirmative and the motion carried

 
4.	Consideration of a preliminary plat on 44 lots of the Anderson Ranch Subdivision Phase 8A and 8B for T.P. Grantsville, LLC and Rod Engar.  Rod Engar was present and stated to the Commission, 'It is nice to be here with you again. This is our Preliminary application for Anderson Ranch Phase 8A and 8B. Upon your approval we will submit Final Plat application for Phase 8A which is 27 lots. And then Phase 8B will follow after a substantial amount of lots from 8A have been sold. We have met all of the requirements that the engineering has requested and we also have proposed to the planning and zoning a development agreement that I will submit to Attorney Coombs.' Scott asked Rod about the drainage next to lots 805 & 804. He wanted to know who takes care of that. Is it the responsibility of lot 805? Rod replied, 'That is as it is in many the phases of Anderson Ranch it is owned by that lot. It will be landscaped or dry scraped by the owner of that lot. We do that so it isn't a burden to the city or the HOA.' Rod asked if there were any other questions.

Eric motioned to approve consideration of a preliminary plat on 44 lots of the Anderson Ranch Subdivision Phase 8A and 8B for T.P. Grantsville, LLC and Rod Engar.   
Jaime seconded the motion.  The voting was unanimous in the affirmative and the motion carried. 
 

5.	Consideration of a preliminary plat on 26 lots of the Mustang Ridge Subdivision Phase 1 for Land Development, LLC and Adam Nash.  Adam Nash was present and he stated to the Commission, 'It is nice to be here today. This is Phase 1 of Mustang Ridge Subdivision. The City approved this preliminary plat in February of this year. However, one of the issues that we had to be able to move forward was that we had to work with UDOT to get an access permit to the highway and we had to close a couple points of access and move the road 80 ft. to the East. That changed the layout of the subdivision. That is why we are coming back through with a second request for a Preliminary because there were some major changes. But there is no change in the number of lots or uses that was approved previously. Scott asked, 'So where is that road in relation to that house that is there?' Adam stated, 'It is west of it. It is going to line up with Hunter Way across the street.' Robbie asked if the land to the south has been purchased to be able to do the turn around. Adam stated that he purchased it in June. Scott asked about the lots behind 106-112.  He wanted to know what that space was going to be used for and who was going to maintain it. Adam replied, 'Those are for lots and swales spread out across a couple acres that is actually sized for additional ground to the south. And those lots are much bigger. We will notify the lot owners that they can't block the water transferring from one lot to another. They need to be able to interconnect.' Scott clarified that the lot owner can fence the east side of it but they can't go east and west through it. Adam stated that they could but they would have to put it up and allow open space beneath it so that the water could travel. Scott mentioned that our fire guy Brad Clayton wasn't here today so he asked Neil Critchlow if the turnaround next to lot 102-103 is sufficient for the Fire Dept. to be able to turn around in. Neil said, 'Yes that is good until the next phase is put in.' Adam stated that the next phases broaden out and will connect to Cherry Street to the East and to Durfee street to the south. He said that along with this they are running the water line from Durfee to Main Street with this Phase 1 development. Gary asked, 'Does lot 104 only have 45 ft. of frontage? Isn't it 50 by code?' Adam replied, 'At the front yard or back yard setback is your code and 40 ft. minimum of your curb. And the setback has to be the width of the lot. Which this lot is 80.'  Gary stated that by putting your retention basin up behind lots 108 and 112 it appears that the elevation down where we hit the highway is about 91, and the elevation in the vicinity of that basin is going to be about 95.6, and then 94 is going through. He said that you are going to need a pretty deep basin in order to drain the street and the driveway back. Adam stated, 'We don't drain Main Street. Main Street will be its own retention or curb and gutter and sidewalk end to end.  It will function the same way that it functions now, it's in the UDOT right of way.  They are responsible to take care of their right of way because they are approving it.  And the storm water from the crown of the road goes north till they retain what they historically had, and then ours goes south.'  Gary asked if from the driveway line of Mustang Ridge, with UDOT, everything will be drained, picked up, and drained back to the south? Adam stated, 'Yes, it will be in a pipe.'  Gary asked, 'So are we still looking at probably a 7 to 8-foot-deep basin?'  He said, 'It looks like the elevation is about 91 of the right of way line, 94-95 in the middle of the basin, and we are gaining 3-4 feet of elevation there in order to get the pipe down for cover up here at the highway, we're picking up the water and have drainage back, and will probably be about a 6 or 7, 8-foot-deep basin.' Adam stated, 'There is cut and steel in these roads too, so the road profile will itself drop down, and the basin size will accordingly also work with phase 2 and 3.  There will be additional basins in 2 and 3 as well.  So rather than doing the deal like we've done in some others where we've isolated the pond, it's a huge pond like that, we've gone to these multiple ponds so that it's much more like a residential lot than a basin.'  Eric mentioned, 'When you look at that area on Main Street, it's surprising that the elevation is like that, because it looks like it all flows down to the south, and then when you drive past it, it looks like it's definitely sloping up.' Adam agreed that yes, it is a long way it goes north.  All agreed.  Adam said, 'It's north and goes east.  It's an optical illusion.'  He added, 'We do have a clean memo for Craig and there are no technical issues that have not been addressed.'  Gary said, 'We changed our street details.  What is the current right of way now?' Kristy stated that it is 66.  Adam said, 'I think that our property should be judged on the code and ordinance based on the date we filed our application.' He asked, 'When did you go to 66 as a minimum?' Neil stated that it's been about 2 months.  Adam said that in the past 60 has been a residential grade street, 66 has been a collector street.  Neil said that they don't have a residential grade street anymore. Adam asked, 'So they are all 66 collectors? Racetracks?'  Neil replied, 'We basically just did away with the residential grade and just went to the collector on all of the grades.'  Gary said that nothing is narrower than 38 feet from curb to gutter, curb to gutter. Attorney Coombs stated that it is 43 feet for the curb.  Gary said, 'So that is the new ordinance and it has been in place for a while now.' Adam stated that his applications have been in for a year. Robbie said, 'That's a good question, do we go off the date on the application or the zoning that was in place then, or does it switch?'  Attorney Coombs said that he does not know and will have to report back.  Robbie asked, 'Is it something that we can approve and then add the condition to the notes for the council to review and then leave it up to them to make that call?' Robbie said, 'I feel like if I started a baseball game under certain rules and then in the eighth inning you guys changed it up on me, I would be very upset, especially if my batters didn't get up to bat.' Adam stated, 'I believe that it is state law, that we are vested as of the date on our application.'  Attorney Coombs said that he thinks Adam is right and if he wants he can issue an official update after he looks at it.  Adam said that he doesn't know the code, but they've been faced with that several times over the years.  All agreed.  Brett said it is because the idea is that the city council can change the rules over and over, causing a lot of problems.  He said, 'I'm pretty sure that is the way it is, but to tell you the chapter and verse where it's at, I would have to look at it.'  Scott stated that the rule was changed before the preliminary plat came in, so it depends on the homework you've got.  Adam stated, 'You approved a preliminary plat in February, and this is a revision of that plat. So our Attorney will research it.' Robbie asked, 'Can we still approve it where Craig has given it a clean bill of health, and we will just mention in their approval that it is contingent upon the review of the rules?'  Brett replied, 'Yes, because it goes to the city council for their final.'                            

Robbie motioned to approve the consideration of a preliminary plat on 26 lots of the Mustang Ridge Subdivision Phase 1 for Land Development, LLC and Adam Nash. Contingent upon the review Gary seconded the motion.  The voting was unanimous in the affirmative and the motion carried.


6.	Approval of minutes of the previous business meeting in September:  Jaime moved to approve the minutes of the August meeting.  Robbie seconded the motion.  Jaime abstained. The voting was unanimous in the affirmative and the motion carried. 

7.	Report from Council Liaison Member Neil Critchlow:  Councilman Critchlow opened by briefly discussing the situation with the credit union and, Moratorium 180 days.  There was a discussion about whether it was best to hire a professional or do it ourselves. Just a reminder that we are having a closed session meeting together P&Z and City Council Members on Tuesday October 17th at 5:00.  Gary inquired about parks and trails and asked if original copies could be obtained.  Robbie mentioned that we have had a few meetings where people have been coming and saying that they were not notified of subdivisions being approved.  Kristy suggested updating the check list that is given out when they come in for a minor or major subdivision.  It was mentioned that this might be a problem on the County's side or the Post office side.  Scott suggested that Kristy sit down with the County and review the procedures.  

8. Adjourn:  Gary moved to adjourn the meeting at 8:05 p.m.  Robbie seconded the motion.  All voted in favor and the meeting adjourned.



Kristy Clark
Zoning Administrator