NORTH OGDEN PLANNING COMMISSION
MEETING MINUTES
March 2, 2011
The North Ogden Planning Commission convened in a regular meeting on March 2, 2011 at 6:02 pm in the North Ogden City Municipal Building, 505 E. 2600 N. North Ogden, Utah. Notice of time, place and agenda of the meeting was furnished to each member of the Planning Commission, posted on the bulletin board at the municipal office and posted to the Utah State Website on February 25, 2011. Notice of the annual meeting schedule was published in the Standard-Examiner on January 1, 2011.
COMMISSIONERS:
David HulmeChairman
Jon BinghamCommissioner
Joan BrownCommissioner
Steve QuinneyCommissioner
Ken KiserCommissioner
EXCUSED
Allan DalpiasCommissioner
STAFF:
Craig BarkerCommunity Development Director
Jennifer ThomasPlanning Technician
Gary KerrBuilding Official
VISITORS:
Mary JonesDan Lee
Charles CrippenGwen Lee
Kent GreenwoodDale Swenson
REGULAR MEETING
Commissioner Hulme called the regular meeting to order at 6:00 pm. Commissioner Binghamoffered the invocation and led the audience in the Pledge of Allegiance.
3.CONSIDERATION AND APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A SMALL REPAIR AND TOOLING SHOP OUT OF A RESIDENTIAL GARAGE AS A HOME OCCUPATION AT 2288 N. FRUITLAND DRIVE.
Mr. Barker explained the property is on the corner of Fruitland Drive and the Fish Farm. Mr. Barker said the property is zonedresidential RE-20 and it does allow for home occupations. He explained that home occupations conducted in a garage has to have a Conditional Use Permit.
Mr. Barker explained that the business owners have been running this business for a number of years out of their garage. Mr. Barker said the applicant was told years ago she didn’t need a business license. He said City staff has informed the applicant a number of times she needed to get a business license. Mr. Barker stated the City has not received any complaints and they have notified surrounding property owners. Mr. Barker said it isn’t clear what the application does and he suggested the Planning Commission quiz the applicant to determine if there are any effects on the neighborhood or the environment. He said this has thepotential to be controversial and he recommends the Planning Commission set a date for a public hearing.
Mr. Barker said they have informed people of this Conditional Use Permit application and they will see some familiar people here tonight. He said staff has provided the Commission with a copy of the email from Mr. Crippen (attached). He said they need to be aware the argument Mr. Crippen gives is the same that he and Mr. Greenwood sent to the City’s Mayor. He said their opinion is that the City is operating the conditional use regulations and the uses of residential garages wrongly.Mr. Barker stated the City Attorney said their opinion is not correct and what the City is doing is correct. Mr. Barker said the Planning Commission needs to be aware of that and understand they are not there to argue the use of garages. Mr. Barker said the City Attorney feels that if the individuals are not directly affected they have no standing in this argument.
Mr. Barker stated the Planning Commission may decide they want to hear from individuals and they can quiz the applicant about their business. He said he suggests they hold a public hearing. He said if that is the case there is no need for them to take public comments at this time.
Commissioner Bingham asked if there is a definition for what constitute a home occupation. Mr. Barker replied yes. Mr. Barker said he would read it for them. Mr. Barker read Chapter 16 of the North Ogden Zoning Ordinance (on file).
Commissioner Brown said that in the packet she is confused there is a North Ogden City Corporation application for a Home Occupation. She said the year isn’t there, but she can tell by the addresses and the signature on the bottom it is old. She asked if she came in and applied some years ago for a home occupation; Mr. Barker interrupted stating that to his knowledge he doesn’t think she applied and said the date may be wrong. Commissioner Brown replied that the date is whited out. Mr. Barker said he cannot answer that, they are just aware that this submitted within the last couple of weeks.
Commissioner Brown said one reference listed on her business license is Gary Harrop and the applicant listed his Fruitland Drive address. Commissioner Browns stated that he hasn’t lived there for quite some time. She said if she came in and made an application for a home occupation they should have been made aware of this quite some time ago. Mr. Barker replied that she is referring to a business application not a Conditional Use Permit.Mr. Barker said the applicant is at the meeting and they can ask her.
Commission Brown said staff is saying that she has been practicing her business in her garage for many years and the applicant indicated that she was told she didn’t need a license.Commissioner Brown said she was confused and she does realize one is a Conditional Use Permit and the other is a Home Occupation License, but there is a big difference in the years on the papers.
Commissioner Hulme said they would like to hear from the applicant. Mr. Barker said there is no reason for the Planning Commission to take any public comments if they are going to holding a public hearing.
Mary Jones, 2288 North Fruitland Drive, she said they are the applicants. Commissioner Brownasked about the application for a home occupation. Mrs. Jones said she was contacted by the City and informed that they needed to apply for a Home Occupation License. Mrs. Jones said her husband became ill and they were not sure if they were going to continue their business. She said her husband had back surgery and is doing much better, so they decided to go forth with the business. Mrs. Jones said their business is very small and they only have about two or three jobs a month.
Commissioner Bingham asked what exactly they do. Mrs. Jones said her husband is the one who runs it and could explain it better, but he isn’t there tonight. She said it is amachine shop. She said he makes shafts, fixes shafts. She said they fix a lot of things for the neighbors. She said they do a lot of work for their neighbors like the Trout Farm; they fix tractors and things like that.
Commissioner Brown asked if their work requires metal sanding. Mrs. Jones said they lathe the metal. Commissioner Brown asked if they are using a mill. Mrs. Jones replied yes. Mrs. Jones said they take safety precautions. She said there is no plumbing in there. She said there usually isn’t oil, but if there is they dispose of it properly.Commissioner Brown asked if there are any solvents. Mrs. Jones replied no, they just use the tooling oil.
Commissioner Kiser asked if it is more of a hobby and it isn’t their livelihood. Mrs. Jones replied no, she is a teacher and her husband works at Cornerstone. Commissioner Kiser asked if it is just part-time after-hours type of a business. Mrs. Jones said her husband doesn’t do it full-time and never has. Commissioner Kiser asked if they depend on the income from the business. Mrs. Jones said they have not shown a profit for more than $2,000 annually since they have begun this business. She said they usually do work for Johnson’s Electric and that is their major customer. Commissioner Kiser asked if there is any painting or the use of chemicals.
Commissioner Bingham asked if there is much noise from the machinery. She said her husband may turn the radio may be too loud in the summer. Commissioner Kiser asked the difference between a home occupation and a hobby; is there any way to distinguish that. Mr. Barker replied if there is any deriving income then it is no longer a hobby and is considered a home occupation.
Commissioner Kiser asks if they report the income on their taxes. Mrs. Jones replied yes and explained that because it is registered as a business they have an accountant that does their taxes. She explained the income pays for the electricity, parts, and sometimes the phone bill.
Commissioner Quinney asked if they were not aware they needed any permit or licensing. Mrs. Jones replied that when they registered with the State and came to the City, she was told by an employee that their business would not fit the zoning and to take the application back. They could just do it because the business is small. She said they have tried to do everything legally.
Commissioner Quinney asked what made them come in now for an application. Mrs. Jones replied that the City called to inform them they needed to get licensed. She said they want to be legal.
Commissioner Hulme asked if there were other questions. Commissioner Bingham asked Gary Kerr, Building Official, if he has visited this site. Mr. Kerr replied no, but Brandon Boydston, the Building Inspector, has been taking care of this. Commissioner Bingham asked if anyone from the City has inspected it for compliance with the home occupation requirements. Mr. Kerr replied no, the Conditional Use Permit must be approved first before they do any inspections. Commissioner Bingham said he just wonders if there have been any evaluations of noise, odor, or anything like that. Mr. Kerr said if it the Conditional Use Permit is approved then they will inspect.
Commissioner Hulme asked the Commission what they want to do. Commissioner Brown asked if there have been any complaints. Mr. Barker said he hasn’t received any from the neighbors. Commissioner Hulme said the email from Mr. Crippen is a complaint. Commissioner Bingham said the only thing causing it to be controversial is the fact that the City hashad similar home occupations that have been approved in the past few months. With that in mind he agrees with Mr. Barker that they ought to schedule a public hearing. Commissioner Kiser agreed. Commissioner Hulme asked how soon they can schedule that. Mr. Barker replied that they can do it at their next meeting.
Commissioner Bingham made a motion to schedule a Public Hearing on March 16, 2011 for the application of a Conditional Use Permit to operate a small repair and tooling shop out of a residential garage as a home occupation located at 2288 N. Fruitland Drive.Commissioner Kiser seconded.
Voting on the motion:
Ken Kiseryes
Steve Quinneyyes
Joan Brownyes
Jon Binghamyes
Dave Hulmeyes
Motion passed.
4.CONSIDERATION AND APPROVAL OF AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN FOR THE NORTH OGDEN COVE PLANNED RESIDENTIAL UNIT DEVELOPMENT.
Mr. Barker said item four has been pulled from the agenda because there is an issue with ownership that hasn’t been resolved at this point. Mr. Barker explained that the bank establishes a time periodfor the potential owner to do their research on whether they want to continue with their purchase. Mr. Barker explained that because this is a PRUD the applicants must approach the City if they want to make any amendments to the plan. Whenever there is a change they have to send out proper notification to meet all the legal requirements. He said if everything went through as planned they would have been the owners at this time, but it didn’t happen that way. He said staff tries the best they can to give adequate notice but they were informed Tuesday the 1st of March, 2011 that this item would have to be pulled and there wasn’t enough time to send out any notification.
Commissioner Bingham said Mr. Barker may want to pass on some information to the applicant.If they make the same application in the future, he would be inclined to not vote for approval. He said he feels that the application is not complete enough. He said if they are looking at an amendment to the landscaping plan they need to have a much more detailed plan than what they have submitted. Mr. Barker advised Commissioner Bingham to refrain from any of that discussion during this meeting because the applicants have no jurisdiction. Commissioner Bingham said that information is for Mr. Barker to pass on to the applicants. Mr. Barker said they have no idea what will transpire or who the owners will be at this time. He added that he did advice the applicants to provide more detail in their landscape plan.
Voting on the motion:
Steve Quinneyyes
Joan Brownyes
Jon Binghamyes
Dave Hulmeyes
Allan Dalpias yes
Motion passed.
5. CONSIDERATION AND APPROVAL OF RULES AND PROCEDURES FOR THE PLANNING COMMISSION.
Mr. Barker said the Rules and Procedures the City Attorney drafted for the Planning Commission mirrors the ones the City Council adopted. Mr. Barker said they do have some comments from Mr. Crippen regarding the Rules and Procedures. He asked if the Planning Commission wants to go through all of the items together. He said the City Attorney expects the Planning Commission to go over the draft and provide feedback so he can make those changes by the next meeting.
Commissioner Hulme said he has read through the Rules and Procedures and would rather not read it again tonight. He asked the Commission if everyone is prepared to have a discussion or do they need time to read Mr. Crippen’s email.
Commissioner Kiser said he has read through it and doesn’t have any concerns or issues. He said he doesn’t think they would follow all the rules in every situation and asked if that would be a big deal. Mr. Barker said they didn’t have any to follow in the first place, but now they do it will be incumbent on the Chair and Vice-Chair to follow and ensure all Members are following them as closely as possible.
Commissioner Quinney said since the Commission is not ready to address the issues,at this time Mr. Crippen input is not welcome. Mr. Barker said he is a citizen of the City and he thinks they should read through his comments and relate it to the items that he points out. Mr. Barker said he has read through his comments and thinks there are some issues with what he is requesting on the public notices and publishing those. Mr. Barker explained that what they have before them is what State law requires. Mr. Barker gave the example of how the Chair can call a “Special Meeting” with 24 hour notice. He said Mr. Crippen doesn’t like that, but that is what the State law requires.
Commissioner Quinney said he is not saying Mr. Crippen should not have opposition, but this is not the right time for it. He said they need to do what they need to do as a Commission and this is their responsibility.
Commissioner Bingham said they have had a chance to look through the rules, but he hasn’t had a chance to look through Mr. Crippen’s suggestions in relationship to those rules. Commissioner Bingham said he didn’t see any problems with the rules, but he hasn’t compared his take on it with Mr. Crippen’s suggestions.
Commissioner Quinney said his problem is that some of his input is his opinion and some of it needs to address by legal counsel. Mr. Barker said the City Attorney will be present at the next meeting. Commissioner Bingham said he suggests they table it until the next meeting to allow the City Attorney time to look through Mr. Crippen’s suggestions and see if any of those are valid considerations. Mr. Barker stated the City Attorney has already looked over Mr. Crippen’s email.
Commissioner Bingham said he would invite anyone else who wants to make a comment on the Rules and Procedures to make their comments known. Commissioner Quinney said right now all they have is a draft so it’s not a completed article and not ready to be criticized. Commissioner Bingham disagreed. He said it is a draft and they should take a look at some of the suggestions before they come up with a final one.
Commissioner Quinney said they need to let the Commission do their job first and then they can take all the criticism afterwards. He said his point is that they shouldn’t rely on someone’s opinion that is not even part of the Commission.
Commissioner Brown said she has some questions.Mr. Barker said he can try to address her questions, but she may need to wait for the City Attorney. Commissioner Brown said the agenda always states the meeting is at the Municipal Building, but on the Rules and Procedures it states the meeting is at the City Hall and she said she thinks it should match.
Commissioner Brown said it indicated that there can be electronic participation. She asked if they are going to do this because it would be nice. She added that some of them have to be out of town. It indicated there can be electronic participation. Commissioner Hulme said he likes that these rules puts them in line with the City Council. Commissioner Brown said she thinks the electronic participation is a great idea.