April 9, 2002
Minutes of the regular meeting of the Riverdale Planning Commission held Tuesday, April 9, 2002 at 6:30 p.m. at the Riverdale Civic Center.
Nic Misrasi Ken Lynes Lisa
Commissioner Jenkins called the meeting to order and welcomed all those in attendance.
Consideration of Minutes
Motion Commissioner Tanner moved to approve the minutes of the March 26, 2002, preplanning work session and regular Planning meeting as amended and noted in the preplanning work session and to waive the reading. Commissioner Farr seconded the motion. The motion passed unanimously.
Conditional Use Permit / Home Occupation Application
Wayne Carlos Placer Sports dba AAA Bail Bonds
Mr. Wayne Carlos was present at the meeting to discuss his conditional use application for a home occupation business. Mr. Carlos lives in an R-2 zone, and he owns the home.
Mr. Carlos informed the Commission that he would operate a bail bond service out of his home. He explained that a bondsman service is an assurance to guarantee appearance of defendants. He went on to say that he previously operated his business in South Ogden; however, he has since sold that business, and he is in transition right now. He does not plan to permanently operate the business from his dwelling.
It was inquired what Mr. Carlos does with jumpers. Mr. Carlos explained that he does not deal with that aspect of his business; he has individuals that he utilizes that take care of that portion of his business.
Motion Commissioner Limburg moved to grant the conditional use permit for a home occupation located at 4356 South 900 West for Wayne Carlos, Placer Sports dba AAA Bail Bonds, as requested. Commissioner Coleman seconded the motion. The motion passed unanimously.
Nic Misrasi Just Details
Mr. Nic Misrasi was present at the meeting to discuss his conditional use application for a home occupation business. Mr. Misrasi lives in the Chevy Chase Apartments, and he provided the City with a letter of approval from the property manager to operate the home occupation business from the dwelling. The letter gave specific conditions, which applied to Mr. Misrasis request: the business will not generate excessive traffic, disrupt other individuals or involve hazardous chemicals beyond normal household needs.
Mr. Misrasi informed the Commission that he would be operating a pressure washing service, and he would be utilizing a pickup truck and a 13-foot trailer to perform this service. The only thing he would utilize the dwelling for is paperwork. Mr. Misrasi indicated that he would clean cement items, buildings, and trucks.
It was inquired where Mr. Misrasi would be storing his pickup truck and trailer. Mr. Misrasi informed the Commission that he has permission from the property manager to park the pickup truck and trailer in the parking lot of the apartment complex until he finds another location to park it. Commissioner Limburg noted that the letter of approval does not address this particular issue, and he believes there should be written permission from the property manager for Mr. Misrasi to park his pickup truck and trailer in the parking lot. Mr. Misrasi explained that he has verbal permission from the property manager, and he would get another letter from the property manager stating it is okay for him to parker his pickup truck and trailer in the parking lot. Furthermore, Mr. Misrasi was informed that it is illegal to park an unattached trailer on the street
Motion Commissioner Limburg moved to grant the conditional use permit for a home occupation located at 4250 South 1000 West #69 for Nic Misrasi, Just Details, as requested with the condition that Mr. Misrasi provides a letter to the City from the property manager stating it is acceptable to park his 13-foot trailer in the apartment complex parking lot and that the business license not be issued until then. Commissioner Tanner seconded the motion. The motion passed unanimously.
Kenneth Lynes Absolute Excellence
Mr. Kenneth Lynes was present at the meeting to discuss his conditional use application for a home occupation business. Mr. Lynes lives in an R-1-8 zone, and he owns the home.
Mr. Lynes informed the Commission that he would be operating a mobile pressure washing service. He went on to explain that everything he would utilize in conjunction with the home occupation would be stored in the garage, and when he does perform the services, everything will be transported in the family van. Mr. Lynes indicated that he would wash the outside of homes, automobiles, gutters or anything that would improve real estate.
Motion Commissioner Noe moved to grant the conditional use permit for a home occupation located at 4146 South 1000 West for Kenneth Lynes, Absolute Excellence, as requested. Commissioner Limburg seconded the motion. The motion passed unanimously.
Final Site Plan Review for River Glen Subdivision Phase Three located at approximately 3550/3600 South and 625 West
Mr. Norm Frost was present at the meeting to discuss the final site plan for River Glen Subdivision Phase Three located at approximately 3550/3600 South 625 West. The area consists of approximately 13.47 acres and consists of 44 lots.
Discussion followed regarding the final site plan for phase three. It was noted that during the preliminary site plan review, the Commission requested that envelope buildings be placed on the odd shaped lots so the Commission could see how and what would fit on those various lots. Mr. Frost explained that envelopes had been placed on the various lots, but the engineer must have not given the City a copy of that particular site plan. Mr. Daily informed the Commission that he reviewed the odd lots, and he did place envelopes on the lots; lot 108, which he believes is the smallest lot, would be able to accommodate a 2,400 sq. foot dwelling with a garage. Commissioner Jenkins indicated that it would be her recommendation to place the building envelopes on the site plan prior to it going to the City Council for approval.
It was inquired how things were going with the UP&L easement issues. Mr. Daily informed the Commission that the UP&L easements affected Phase One and Phase Two, and Mr. Frost noted that they will not be buried. Mr. Frost went on to say that he has been so busy with Phase One and Two, that he doesnt know about Phase Four as of yet. He explained at this point with the response he has had so far with UP&L, they would probably loose lots before anything was buried.
Commissioner Jenkins stated that the Commissions informational packet indicated that Mr. Frost would address restrictive covenants for Phase Three. She explained that the City Council minutes refer to such, and she was wondering if Mr. Frost had those prepared. Mr. Frost explained that he was holding off preparing the restrictive covenants for Phase Three because he thinks he can raise the expectations of such after Phase One and Two are completed. He indicated that he has the restrictive covenants for Phase One and Two, but they have not recorded yet. He proceeded to hand out copies of the covenants, and the Commission and Mr. Frost discussed them at great length.
Mr. Frost said that he spoke with the City Council in regards to the covenants, and he stated that he originally said the entire dwelling would have to be stucco and brick; however, since then, he has had a lot of people say he should rethink that due to problems with stucco. Mr. Daily added that the problem with stucco is quality control, and the finish is not good; it just depends on who does the job. He believes that siding would add more diversity to the development.
Commissioner Farr stated that the majority of the problems with stucco are around the windows and the doors, and they have a different process for that now. He went on to say that if the stucco is completed properly, there shouldnt be any problems. Mr. Frost informed the Commission that originally he said there would be no siding, but he is taking that statement back. Commissioner Farr stated that he didnt disagree with allowing siding.
Mr. Frost referred to item number 15 of the restrictive covenants, and he pointed out that the item is different for Phase One and Two. Phase One indicates that 25 percent of the front of the dwelling has to be brick, and Phase Two indicates that 25 percent of the entire dwelling has to be brick. Commissioner Noe suggested that instead of the restrictive covenants stating brick, it would be better to say masonry and to define masonry, which would allow home owners the option of different choices. Mr. Frost noted that was a good idea, and he would incorporate that.
Commissioner Farr informed Mr. Frost that he has seen restrictive covenants with at least 50 to 60 percent masonry on the front and the remaining stucco, and the rest of the dwelling could be siding; he added that they are very attractive homes. Commissioner Noe stated that generally restrictive covenants are percentages, and she would keep the covenants in percentages and not define where materials had to be.
Mr. Daily explained to the Commission that they could not require specific architectural treatments and percentages for dwellings. Mr. Frost will record the restrictive covenants for the subdivision and an architectural committee will review such. If the requirements are not met, the City will not enforce them; it will be up to the architectural committee to enforce. Mr. Frost added that if they get a majority vote, they can change the restrictive covenants at any time.
It was inquired if all of the engineering issues had been resolved since the Commission reviewed the preliminary site plan. Mr. Daily acknowledged that all issues have been resolved with the exception of the easements on Lots 101 and 102, and Mr. Reeves is notating those on the Mylar. It was also noted that the conservation easement will be given to the City immediately; however, the property will not be deeded to the City until next fall or winter.
Discussion followed regarding the fencing that would encompass the conservation easement area. Mr. Frost was asked when the fence would be installed. Mr. Frost indicated that he didnt see why they would have to install the fence until next spring; however, if the Corp wants it now, they will install it right away. Commissioner Jenkins inquired how the homeowners with existing fences would maintain their fences and how much access room would be left between the new fence and the existing fences. Mr. Frost stated that he has read everything, but he didnt know; he indicated that he would look into it and advise her of such if she would like to know.
Motion Commissioner Limburg moved to recommend to the City Council approval of the final site plan for River Glen Subdivision Phase Three located at approximately 3550/3600 South 625 West with the condition that the Restrictive Covenants, Item Number 15, Materials be amended to include Commissioner Farrs and Noes comments regarding masonry materials; i.e. rock, stone, stucco and that vinyl siding be added; furthermore, that envelope dwellings be placed on the odd shaped lots prior to going to the City Council. Commissioner Hurst seconded the motion. The motion passed unanimously.
Rezone Request regarding 4.65 acres of property located at approximately 3500 South 625 West from Manufacturing (M-1) to R-1-8 (single family zone).
Mr. Norm Frost was present at the meeting to discuss the petition regarding the rezone request for 4.65 acres of property located at approximately 3500 South 625 West from manufacturing (M-1) to R-1-8 (single family zone). The property in question is a portion of the area that was recommended to be incorporated into the City on January 16, 2002, by means of a boundary adjustment with Ogden City. It was noted that the area in question was approved as a portion of the River Glen preliminary site plan that the Planning Commission reviewed on April 11, 2001.
Motion Commissioner Tanner moved to recommend to the City Council to rezone 4.65 acres of property located at approximately 3500 South 625 West from Manufacturing (M‑1) to R-1-8 (single family zone). Commissioner Farr seconds the motion. The motion passed unanimously.
Joint presentation given by Bryce Gibby regarding the property located at approximately 1450 West Riverdale Road (corner of 1500 West and Riverdale Road)
Mr. Bryce Gibby was unable to attend the Planning meeting due to unforeseen circumstances. The joint presentation will be rescheduled at a later date.
Motion Commissioner Tanner moved to postpone agenda item number six. Commissioner Limburg seconded the motion. The motion passed unanimously.
Commissioner Tanner commented that the signage in the City was making the City look atrocious, and it is getting out of control. She went on to point out various locations within the City, which she thought looked awful and was out of compliance.
Mr. Daily explained to the Commission that backlit awnings are not counted toward total signage. Commissioner Tanner stated that to her the awnings are signage, and the sign ordinance should be evaluated. It was questioned if the fireworks items on top of the Willys building or flags and the balloons at the car lots are considered signage. Mr. Daily informed the Commission that the fireworks and flags are considered accenting and the balloons are considered tethered devices; they are not considered signage.
Discussion followed regarding banner and portable signage within the City. Mr. Daily stated that he could enforce the signage; however, it would be full-time compliance job. He went on to explain that business owners believe they have to have it. He agreed that it looks terrible, but they say its necessary.
Mr. Daily informed the Commission that his department does enforce the sign ordinance; however, he has been told to back off somewhat on the businesses that are permanent businesses within the City. The department does actively remove portable signage for sales and businesses that are not in the City.
Commissioner Jenkins stated that the same signage issues are not seen everywhere. Mr. Daily acknowledged that not every City or area of a City has the same signage issues as Riverdale; however, it a matter of where to draw the line. Commissioner Jenkins noted that she has previously brought up the issue of writing a new sign ordinance and there are sign companies that have the technology that could help the City visualize what it would look like. Mr. Daily pointed out that the sign companies would want to be involved because their customers are the businesses not the cities. Commissioner Jenkins explained that the sign company plugs in the parameters and shows the City what the affects would be; they wouldnt write the ordinance.
It was thought that the biggest issues with changing the sign ordinance would be setbacks, height, size, and total square footage. It was inquired if the ordinance would be retroactive, and Mr. Daily replied that it would be. He explained that is what Sandy City did, and they are extremely restrictive.
Commissioner Jenkins indicated that she and Commissioner Hurst would be meeting with Mayor Burrows on May 5, 2002, and she believed it would be best to address it with him first. She said there would be no sense in pursuing these issues if nothing were to change. Mr. Daily informed the Commission that the businesses would be very interested; they would want to know if and when the ordinance would be retroactive and then the question would be will the businesses stay in Riverdale City.
With no further business to come before the Commission at this time, Commissioner Farr moved to adjourn the meeting. Commissioner Limburg seconded the motion. The motion passed unanimously. The meeting adjourned at approximately 7:55 p.m.
Attest: Approved: April 23, 2002
Michelle K. Douglas