PLANNING COMMISSION MINUTES Meeting of March 27, 2014

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1 PLANNING COMMISSION MINUTES Meeting of March 27, 2014 City Hall Council Chambers 290 North 100 West Logan, UT Minutes of the meeting for the Logan City Planning Commission convened in regular session Thursday, March 27, Vice-Chairman Price called the meeting to order at 5:30 p.m. Planning Commissioners Present: David Adams, Angela Fonnesbeck, Russ Price, Sara Sinclair, Garrett Smith, Steve Stokes Planning Commissioners Absent: Amanda Davis Staff Present: Mike DeSimone, Russ Holley, Amber Reeder, Kymber Housley, Bill Young, Craig Humphreys, Debbie Zilles City Recorder, Teresa Harris, presented the oath of office to new Commissioner, Sara Sinclair. Commissioner Sinclair introduced herself to the Commission and the public and provided a brief professional background. Minutes as written and recorded from the February 27, 2014 meeting were reviewed. Commissioner Stokes moved that the minutes be approved as submitted. Commissioner Smith seconded the motion. The motion was unanimously approved. PUBLIC HEARING PC Pinecrest Village (continued from February 27, 2014) Subdivision Permit. Jeff Stokes/Black Sheep Land Co., authorized agent/owner, request a 6-lot subdivision of the existing shopping center on acres at 1400 North Main in the Commercial (COM) zone; TIN , -0040, STAFF: Ms. Reeder reviewed the Staff Report, recommending approval. There are some legally existing nonconforming buildings and parking setbacks on the property. The structures were built within the setback allowances at the time of their construction. Some of these instances are the 1400 North front setback on the Bank of Utah (Lot 5), parking setback on the north end of Lot 1, and parking setback along 1400 North on Lot 3. This subdivision does not change the character or expand the nonconformity of these setbacks. There is a proposed lot line extending between Sportsman s Warehouse and the building to the west, forming Lots 1 and 2. There is no side setback between the buildings. There is an existing lot line between the Pizza Pie Café and Wok on Wheels portion of the building. The zero lot line would be shifting to a different location. The construction of the Sportsman s building and Wok on Wheels portion to the west meets the building code requirements for a zero lot line. Staff recommends that the lot line location between Lots 1 and 2 are acceptable as the zero lot line was an existing condition on the property. The construction meets building code requirements and does not expand nonconformity on the property. PROPONENT: None 1 Page

2 PUBLIC: None COMMISSION: Because of his involvement with this project, Commissioner Stokes recused himself from the Commission s deliberation. Ms. Reeder clarified for Commissioner Fonnesbeck that parking concerns were covered in the Engineering Department s conditions. At Chairman Price s request, Ms. Reeder pointed out the sidewalk connection on the slide. Commissioner Adams asked if approving this project would create any type of future challenge. Ms. Reeder said Staff does not foresee any potential issues. Commissioner Adams asked about the motivation for this request. Ms. Reeder said this proposal positions each building on its own lot, which is advantageous with regards to leasing and financing issues. Commissioner Fonnesbeck asked for clarification regarding the cross-use agreement and any possible future signage issues. Ms. Reeder explained that there is currently a monument sign on the 1400 North frontage with multi-tenant advertising. Mr. Holley advised that this agreement, which will be recorded with the plat, solidifies this area as a project (Pinecrest Shopping Village) and signage allowance is calculated as whole rather than for each individual business. MOTION: Commissioner Fonnesbeck moved to conditionally approve PC for a Subdivision Permit with the conditions of approval as listed below. Commissioner Adams seconded the motion. CONDITIONS OF APPROVAL 1. All standard conditions of approval are recorded and available in the Community Development Department. 2. Six (6) lots are approved with this subdivision. 3. A note will be included on the final plat indicating shared open space and storm water easements and a document recorded indicating a shared open space and storm water agreement for the subdivision. 4. A cross-use agreement for signage will be recorded with the plat. 5. Prior to recordation of the final plat, the Director of Community Development shall receive a written memorandum from the following department indicating that their requirements have been satisfied: a. Engineering i. Record shared access easements from State and City roads. ii. Provide shared parking agreements for the lots. iii. Show existing buildings and required setbacks for existing structures. iv. Show existing utilities and indicate a utility easement. v. Provide a 5 Public Utility Easement (PUE) on each side of all interior property lines and a 10 PUE on all exterior property lines. FINDINGS FOR APPROVAL 1. The subdivision is compatible with surrounding land uses and will not interfere with the use and enjoyment of adjacent properties because the subdivision meets the minimum requirements for the Commercial (COM) zone. 2. The project conforms to the requirements of Title concerning hearings, procedures, application requirements and plat preparations. 2 Page

3 3. The project meets the goals and objectives of the COM zoning designations within the Logan General Plan by providing commercial opportunities in areas with existing services and higher volume roads. 4. Each lot is physically suitable for development, has an adequate building site and will not require variances due to physical constraints in order to be developed. 5. Each lot has access to a street or easements to provide for connection to sewer service, water service, and other public utilities. 6. As conditioned, the subdivision meets the approval of the City Engineer for technical specifications and standards. 7. The lot line location between Lot 1 and Lot 2 is acceptable as the zero lot line was an existing condition on the property, the construction meets building code requirements, and does not expand a nonconformity on the property. [Moved: Commissioner Fonnesbeck Seconded: Commissioner Adams Passed: 5-0] Yea: D. Adams, A. Fonnesbeck, R. Price, G. Smith, S. Sinclair Nay: Abstain: PC Meadow Creek Subdivision (continued from February 27, 2014) Subdivision Permit. Blair Gardner/DHI dba Logan River LLC, authorized agent/owner, request an 80-lot subdivision on 28 acres located approximately 2000 South 1400 West in the Neighborhood Residential (NR-6) zone; TIN ,-0054,-0004,-0053,-0045,-0046,-0060, STAFF: Mr. Holley reviewed the Staff Report, recommending approval. In August of 2005, the area was annexed into Logan and in January of 2007 was approved as the Spring Creek Village Planned Unit Development. The 204-lot subdivision was approved with four areas of associated open space totaling acres and residential building lots planned to be developed in four phases. Phase 1 of Spring Creek Village was recorded on September 7, 2007 and contained 48 lots. Phase 1 appears to be the only phase that will be developed under the Spring Village PUD plan, as new property owners now wish to acquire new approvals and subdivision designs. This subdivision permit generally consists of the original areas of Spring Creek Village Phase 2 and 3. The lots sizes will vary from 8,000 SF to 15,720 SF in size and front onto adjacent public streets. The site consists of several properties totaling approximately acres. Lot frontages average approximately 80 in width. The proposal is consistent with the Logan City General Plan, as it indentifies the area as Detached Residential, suitable for single family residential development. The proposed subdivision is planned to be accessed via 2200 South, 1450 & 1400 West and 2175 South (streets located in Spring Creek Village Phase 1). An additional access point will be created that connects the Phase 4 area to 1600 West in the future. The Land Development Code (LDC) D.2 requires at least three street connections for a subdivision containing more than 20 lots. With four street connections shown and the indication for a future fifth connection onto 1600 West, this subdivision proposal meets the minimum requirement in the LDC. The access onto 2200 South conflicts with the Public Works Standards and Specifications because of its proximity to the intersection of 1600 West and 2200 South (approx. 230 ). LDC D.1 requires a minimum spacing of 330 between mini-block street intersections. As conditioned with the additional setback, the project meets access spacing requirements in the LDC and the Public Works Standards and Specifications. PROPONENT: Wes Mortensen is working with Blair Gardner on this project. When the property was originally purchased it was a mess. They have worked hard to resolve many issues. He agrees with the need for a safe egress into the development. He is optimistic about working with the property owned by Lewiston State Bank so that all the requirements can be successfully fulfilled. Mr. Gardner has been working with the canal company and the engineers. A phasing plan will be submitted soon and will include completing the second access to 2200 South during 3 Page

4 the first phase. He explained that their preference for access is the furthest west possible, which is a compromise between the Fire Department needs and traffic flow. This is a unique area because it is sandwiched in between two developments. PUBLIC: An from Ed and Arvona Jenson, 2165 South 1600 West Wellsville, outlining concerns regarding the roadway, agriculture operations, residential density and variety was submitted and distributed to Commission members prior to the meeting. Violet Brandon, a nearby property owner, asked if this property had been annexed into Logan City. Mr. Holley said it has been. Mr. Housley clarified for her that power to the area may be contracted with Rocky Mountain Power; however, the City will provide all the utilities. Ms. Brandon asked if the sewer would be in before the City takes over. Chairman Price reiterated the discussion with the City Engineer and the fact that the sewer system will be required to be upgraded and turned over the City for operation. She then asked about annexation. Mr. Holley said he would be happy to meet with her about specific questions regarding annexation. Bob Wright, representing Lewiston State Bank, explained that the intent is to eventually sell the property. There is a need for access onto 1600 West. Mr. Wright has had discussions with the Planning Department, because 1600 West is a County and City road, full improvements are needed on both sides of the road due to it being set up to become a future thoroughfare. If the canal is taken down to 1600 West and down the street, it would be very beneficial. The location into the property could affect corner lots and improvement costs. His desire is to come to a compromise that is beneficial for everyone involved. If the sewer lift station agreement is done correctly and can be moved, two lots can be added which would be very advantageous. COMMISSION: Commissioner Adams questioned the phasing plan and expressed concern with access and traffic flow in the area. Commissioner Sinclair asked if Lewiston State Bank has been involved in this process. Mr. Holley said a representative was in attendance at the pre-development meeting to discuss concerns. They have a unique situation with the sewer lift station located on their property. Mr. DeSimone pointed out that the second access will need to be completed during the first phase of development. Mr. Holley clarified for Commissioner Adams that this request is for approval of all 80 lots with a phasing plan to be submitted and the secondary access to be included in phase 1. Phase 1 would have to be recorded within a year. Commissioner Stokes questions the lots (19-26) proposed over the canal. Mr. Holley pointed out the existing canal alignment is actually between the lots a 10 separating gap. The proposal is to pipe the canal (daylight at the Lewiston Bank s property line). Commissioner Stokes asked if there is an agreement between the developer and the canal company. Mr. Holley said there is nothing in writing; however, there have been some discussions and verbal agreements at this point. The canal company would prefer that the canal be piped. Mr. DeSimone pointed out that this concern is addressed within condition 5 Prior to recordation of the final plat, the proponent shall submit written approval to the Community Development Department from the canal company allowing the re-alignment and piping of the canal through the subdivision. Chairman Price asked about the sewer lift station issue. Mr. Holley explained that it is certainly not an ideal situation. The lift station is private and located on the Lewiston Bank s property. It will take some money to convert to a public system. The cost could be spread between the home owners to make it a manageable expense. 4 Page

5 Mr. Holley confirmed for Chairman Price that the canal portion would essentially take place during phases 2 and 3. Commissioner Stokes asked if Lewiston Bank owned the lift station. Mr. Holley advised that it is located on their property; however, it is a privately owned station. Bill Young, the City Engineer, explained that one of the conditions of approval is that the sewer lift station be upgraded to meet Logan City standards and be turned over to the City for operation and maintenance (which would need to be done during phase 1 development). He pointed out the existing gravity line locations on the slides for Commissioner Adams. Commissioner Stokes asked if the canal surface water flow has been measured and whether the proposed pipe will be sufficient to handle the runoff. Mr. Young explained that the Spring Creek Village storm water was designed to flow to storm water detention/retention facilities to be constructed in future phases of the development. This development shall be required to account for all storm water from the Spring Creek Village development per the current City standards. They are required to retain all storm water for a 100-year storm event with a discharge rate that is the lesser of what they calculated based on the pre-development meeting or.2 cfs per acre. They should not be putting more into the system than what has historically gone into it. The proponent will have to work with the canal company regarding the piping size for the canal water rights and storm water discharge. He pointed out that the subdivision plat has a signature block that must be signed prior to recordation which will ensure that all conditions of approval have been met. Chairman Price asked if storm water would be picked up by the canal pipe. Mr. Young said the proponent has the choice to put it into either a detention or retention basin. He explained the difference is that detention will slowly release into the drain system, whereas retention relies on soil percolation and evaporation. Commissioner Stokes expressed concern that 1600 West is quite narrow and asked about future connectivity. Mr. Young explained that as 1600 West is connected, it will have to be developed along the entire frontage. Commissioner Adams questioned how/where traffic would be filtered. Mr. Young explained that the City has acquired some property to the south of 2200 South with the intent that 2200 South will eventually curve over to 1600 West and align with 2300 South in Nibley (with a 4-way intersection). The access agreement in place with the communities along Hwy 89/91 and UDOT contains a plan for a signal intersection at 3200 South (study being performed and UDOT money set aside). The agreement also states that a future signal could be located at either 2300 South or 2600 South. Chairman Price said in general, as a mediator, he prefers to see people work together. This proposed project has particular boundaries that the Commission needs to respond to. Many of the issues that have been brought forward are reflective of the fact that this is a unique area. He encouraged the parties to continue to work together. He pointed out that the Commission cannot take a position on certain things and will be dealing only with what has been proposed and Staff s recommendations. Commissioner Adams agreed with Chairman Price. He said he is struggling with approving this project with only two points of egress. He would like to find a way for it to work but he as proposed it is difficult to feel like it is ready for approval. Commissioner Stokes agreed. Mr. Housley pointed out that if the Commission is leaning toward denying the project, a list of findings to support the denial will need to be made. 5 Page

6 Commissioner Stokes said the Fire Department and Public Works should be in agreement regarding access. Craig Humphreys, the Fire Marshal, explained that the Fire Department requires two separate access roads, which can be closer than ½ of the overall distance due to future connectivity plans. Public Works would like the access as far from the intersection as possible. Mr. Holley pointed out that this center alignment proposal (with the condition of approval #4) seems to be a good compromise. Mr. Holley clarified for Commissioner Adams that the Land Development Code requires at least three connections for subdivisions. This project (viewed as a stand-alone subdivision) has three (pointed out on slides) connection points and therefore meets the requirement from a technical standpoint. Commissioner Fonnesbeck advised that this project cannot be conditioned on what we hope will happen on a neighboring parcel in the future. Not connecting to 1600 West does not seem to be a valid reason to deny this request and the Engineer Department provisions regarding the sewer lift station and the canal have been addressed. Commissioner Sinclair noted that the Commission needs to ensure that projects meet the Code and are not outside of any other regulations. She voiced her hesitation about whether the Commission can rest assured that all will be done because there are so many conditions. Mr. DeSimone agreed that there are technical issues outside of the Commission s control which will be handled at different stages of development. He reminded the Commission that all the issues will have to be handled prior to final approval. Mr. Housley agreed and pointed out that there are quite a few checks and balances before a plat is finalized and recorded. MOTION: Commissioner Fonnesbeck moved to conditionally approve PC for a Subdivision Permit with the amended conditions of approval as listed below. Commissioner Stokes seconded the motion. Commissioner Adams suggested including completion of frontage improvement through the remainder lot to 1600 West. Commissioner Fonnesbeck accepted the friendly amendment. MOTION: Commissioner Fonnesbeck moved to conditionally approve PC with Commissioner Adams friendly amendment and the amended conditions of approval as listed below. Commissioner Adams seconded the motion. CONDITIONS OF APPROVAL 1. All standard conditions of approval are recorded and available in the Community Development Department. 2. Eighty (80) lots are approved with this subdivision permit. 3. A phasing plan shall be submitted and approved by the Community Development Department prior to the recordation of the final plat for compliance with LDC Phase 1 must include the new access road onto 2200 South and streetscape improvements along the 2200 South frontage. 4. The access connecting 2200 South to the subdivision (at the southwest corner near lot #80) shall be moved to the east, further away from the intersection of 1600 West and 2200 South, so that it aligns with and creates a 4-way intersection with the proposed new cul-de-sac to the north. 5. Prior to recordation of the final plat the proponent shall submit written approval to the Community Development Department from the canal company allowing the re-alignment and piping of the canal through the subdivision. 6. Standard streetscape improvements shall be completed prior to the issuance of final occupancy for the adjacent street frontage(s) along all building lots. 6 Page

7 7. Street trees are required every 30 on center prior to the final Certificate of Occupancy for each home. If occupancy is desired outside of the planting periods a landscape bond for street trees may be approved. 8. Building setbacks shall be reviewed/approved at the time of the building permit application. 9. Any fences or walls shall be reviewed and approved by Community Development prior to installation. 10. Exterior lighting shall be down-lit and concealed source and comply with LDC Logan City standard public utility easements of 5 shall be shown along property lines. 12. A note shall be added to the final plat that only allows basements in this subdivision when a licensed engineer certifies and determines that the water table would allow a basement in conformance with applicable local and state codes. 13. Prior to issuance of a building permit, the Director of Community Development shall receive a written memorandum from each of the following departments or agencies indicating that their requirements have been satisfied: a. Engineering i. Development shall upgrade existing sewer lift station to meet Logan City Standards and turn over to the City for operation and maintenance. This shall include deeding the property needed for access to and around the lift station structure. ii. All existing water and sewer lines shall be in a paved City right-of-way or a graveled public utility easement (PUE) which can be accessed along the full length of the utility by City maintenance equipment. All easements shall account for turning radius of equipment. If existing utilities are not maintained in an easement or right-of-way, they shall be relocated at the developer s expense to be located in a right-of-way or public utility easement as approved by Logan City Public Works Department. iii. Subdivision site plan shows the existing canal running through the middle of proposed lots. Per City standards the canal shall have a 15 easement from the top bank of the canal along each side of the canal. If the canal is to be relocated and/or piped it shall be done with the approval of the canal company. All storm water discharges to the canal shall also have canal approval. iv. If second access from the subdivision (see Fire Dept comments) is to 1600 West, it also shall be reconstructed to accept two lanes of traffic with a shoulder per City standards. Johnson Ridge Lane cannot be used as the secondary access from this development per pervious CAMP approvals (Spring Creek Village Subdivision). v. Provide curb, gutter, and sidewalk along frontage on 2200 South. This shall include the piping of the existing ditch to carry irrigation, storm water, and field drainage flows. The piping of this ditch shall include approval from the shareholders of any irrigation flow. vi. Previous CAMP approval of Spring Creek Village Subdivision required a gate be placed on Johnson Ridge Lane to prevent traffic access from the subdivision. Install this gate or work with City and property owners to cul-de-sac Johnson Ridge Lane at US 89/91. vii. The pond located on the open space portion of the development is part of the canal system. Access along canal and pond shall be maintained. Record all easements along the canal and pond and all access easements to canal and pond on plat. viii. Spring Village storm water was designed to flow to storm water detention/retention facilities to be constructed in future phases of the development. This development shall account for all storm water from Spring Creek Village development per current City storm water standards. b. Fire i. Two separate and approved fire apparatus access roads are required. The submitted plan indicates one access. The existing subdivision currently exceeds the limit of 30 dwellings. Secondary access shall be installed prior to any building permits issued in the new development. This access shall be separated by a distance of one half (1/2) the overall diagonal dimension of the subdivision. The access shall be constructed to meet the dimensions, surface, turning radius, grades, etc., of IFC 503. An all weather surface shall be maintained in all weather conditions. (Ref: IFC D107.1, D104.3, 503). 7 Page

8 ii. Provide hydrants so that all portions of buildings as measured by an approved route around the exterior of the buildings are within 600 for Group R-3 (Ref: IFC Exception 1). iii. Minimum fire flow and duration for single-family dwellings up to 3,600 SF shall be 1,000 gpm for 1 hour. Buildings in excess of 3,600 SF are determined on a case-by-case basis. (Ref: IFC B105). iv. Available fire flow from hydrant #FH 1794 is 1,225 gpm and is adequate. c. Environmental i. Provide an all-weather turn around on the 3 dead-end roads for the collection trucks. FINDINGS FOR APPROVAL 1. The subdivision is compatible with surrounding land uses and will not interfere with the use and enjoyment of adjacent properties because the subdivision meets the minimum lot sizes and maximum allowed densities for the Neighborhood Residential (NR-6) zone. 2. The project conforms to the requirements of Title concerning hearings, procedures, application requirements and plat preparations. 3. The project meets the goals and objectives of the NR zoning designations within the Logan General Plan by providing residential opportunities in areas with existing services and infrastructure in the vicinity. 4. The project met the minimum public noticing requirements of the Land Development Code and the Municipal Code. [Moved: Commissioner Fonnesbeck Seconded: Commissioner Adams Passed: 6-0] Yea: D. Adams, A. Fonnesbeck, R. Price, G. Smith, S. Sinclair, S. Stokes Nay: Abstain: Vice-Chairman Price was excused and Chairman Pro-Tem Fonnesbeck presided over the remainder of the meeting. PC LDC Amendment Gun Range Conditional Use Code Amendment Logan City is requesting to amend the Land Development Code Section (District & Corridor Uses) to identify gun ranges as a conditional use in the Commercial (COM), Commercial Services (CS), and Industrial Park (IP) zones. STAFF: There are presently no commercial gun ranges within Logan City limits and the use is not listed in the Land Development Code (LDC). A commercial gun range is proposed in conjunction with the new Al s Sporting Goods. It is proposed that the use would be allowed as a conditional use in the COM, CS and IP zones. A shooting range is regulated by organizational codes and requirements in addition to zoning. Protective construction methods are required for impact and ricochet control. The International Building Code (IBC) has general standards for construction. The IBC also requires ventilation mechanical systems that mitigate for any fumes, dust, carbon monoxide, or other particulate matter. OSHA has further standards to test and make sure that the ventilation is adequate and limits the noise levels within a facility to a maximum of 90 decibels. Staff recommends approval of this code amendment. As there is not a similar use category in the land use options and the discharge of firearms is otherwise prohibited by Municipal Code, it is appropriate for a commercial shooting range to be addressed as a land use category. Since the shooting range would be a conditional use only allowed in the COM, CS, and IP zones, the Planning Commission would have the chance to review each request, address issues and make findings on any projects. PUBLIC: None 8 Page

9 COMMISSION: Commissioner Adams asked about the decibel level. Ms. Reeder explained that OSHA limits the noise level within a facility to a maximum of 90 decibels. Logan City limits the exterior noise level to 60 decibels - measured from the receiving property. Commissioner Stokes asked what level the pitch of 60 decibels would be. Ms. Reeder said she is unsure of that exact measurement; however, the proposed range meets all the regulated noise standards. Commissioner Adams said he is supportive of this amendment with regards to indoor ranges and not outdoor use. MOTION: Commissioner Stokes moved to recommend approval to the Municipal Council for an amendment to the Land Development Code Section as outlined in PC for indoor ranges only. Commissioner Smith seconded the motion. FINDINGS FOR APPROVAL 1. Utah state law authorizes a local planning commission to recommend ordinance changes to the legislative body (Municipal Council). 2. The amendment is in conformance with the requirements of Logan Municipal Code Title The amendment supports the General Plan directive to provide a variety of options that will allow families to remain in their neighborhood as they pass through different life stages. [Moved: Commissioner Stokes Seconded: Commissioner Smith Passed: 5-0] Yea: D. Adams, A. Fonnesbeck, G. Smith, S. Sinclair, S. Stokes Nay: Abstain: PC Rendezvous Gun Al s Sporting Goods Conditional Use Permit. Jason Larsen/Bridgerland Holdings Ltd., authorized agent/owner, request an indoor gun range at Al s Sporting Goods located at 1075 North Main in the Commercial (COM) zone; TIN STAFF: Ms. Reeder reviewed the Staff Report, recommending approval. The proponent is requesting an indoor commercial shooting range to be located within Al s Sporting Goods (part of the Bridgerland Square project which was approved in April 2013). The proposed range is just over 4,800 SF and will have 10 lanes. It will be located on the main level in between the main Al s floor area and the Natural Grocers area. The range can be accessed from an exterior door or a door within the store. There is a lobby area and a separate vestibule in the lobby to access the range. PROPONENT: Kris Larsen expressed confidence that this will be an extremely quiet gun range. Two retired Logan police officers have been hired to run the range. The construction, acoustical applications and ventilation system are all state of the art. He said they have actually overequipped the facility to accommodate any future guidelines. Jason Larsen reiterated confidence that there should be no concerns regarding sound issues. He outlined some of the safety, acoustical control and air intake designs they have installed. The range meets all rigorous safety guidelines and will be a great addition to Cache Valley. Commissioner Adams asked if the hours of the range will be consistent with the hours of the store. Jason Larsen said that is the plan; he does not foresee changing the hours unless there is a change in the future market economy. The store and range hours will be 9 a.m. to 9 p.m. PUBLIC: Larry Hogge owns property near the project. He expressed concern his concern about possible noise which might affect his tenant and/or property value. He would like to see what recourse there will be when all is said and done if there is a problem. 9 Page

10 Ms. Reeder explained that the proposed range meets all regulations and requirements regarding noise exposure and mitigation. Mr. Housley, the City Attorney, advised that there is an enforcement process in place if any ordinance is violated. If there are complaints made, the noise level can be measured. COMMISSION: Commissioner Smith applauded Al s Sporting Goods for going to great lengths to meet and exceed all the requirements and possible future requirements. MOTION: Commissioner Smith moved to conditionally approve PC for a Conditional Use Permit with the conditions of approval as listed below. Commissioner Stokes seconded the motion. CONDITIONS OF APPROVAL 1. All standard conditions of approval are recorded and available in the Community Development Department. 2. The hours of operation will be limited to store hours and shall open no earlier than 7:00 am or operate past 10:00 pm. 3. Any signage associated with this business shall conform to LDC and receive applicable permits. FINDINGS FOR APPROVAL 1. The use conforms to the requirements of Logan Municipal Code Title 17 and is listed as a conditional use in the Use Table for the Commercial (COM) zone. 2. The use is compatible with surrounding land uses and will not interfere with the use and enjoyment of adjoining or area properties. 3. The streets providing access and other infrastructure to the subject property have adequate capacities or a suitable level of service for the conditional use. 4. The use is compatible with neighborhood uses and character while preserving and enhancing the character of the neighborhood. 5. The use provides adequate off-street parking in conformance with this Title. 6. The project provides open space and landscaping in conformance with this Title. 7. Other infrastructure to the subject property has adequate capacity, or suitable levels of service, for the use. 8. As conditioned, the limitation on hours of operation makes the use more compatible with adjacent residential properties. 9. There is regulation of possible impacts such as fumes, hazardous materials, and sound by entities including OSHA and the Logan City Fire and Building Departments. [Moved: Commissioner Smith Seconded: Commissioner Stokes Passed: 5-0] Yea: D. Adams, A. Fonnesbeck, G. Smith, S. Sinclair, S. Stokes Nay: Abstain: WORKSHOP ITEM(S) for April 10, 2014 meeting PC North 3-Plex PC Hofmeister Addition PC Bindrup Warehouse PC Rocky Garden Subdivision Meeting adjourned at 7:27 p.m. 10 Page

11 Minutes approved as written and digitally recorded for the Logan City Planning Commission meeting of March 27, Michael A. DeSimone Community Development Director Amanda Davis Planning Commission Chairman Russ Holley Senior Planner Amber Reeder Planner II Debbie Zilles Administrative Assistant 11 Page