TREMONTON CITY CORPORATION
PLANNING COMMISSION
SEPTEMBER 11, 2018
Members Present:
Micah Capener, Chairman
Val Bennett, Commission Member
Arnold Eberhard, Commission Member
Troy Forrest, Commission Member
Ben Greener, Commission Member
Brad Janssen, Commission Member
Tom Stokes, Commission Member
Bret Rohde, City Councilmember
Steve Bench, Zoning Administrator
Cynthia Nelson, Deputy Recorder

Chairman Capener called the Planning Commission Meeting to order at 5:32 p.m. The meeting was held September 11, 2018 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Capener, Commission Members Bennett, Eberhard, Forrest, Greener, Janssen, Stokes, City Councilmember Rohde, Zoning Administrator Bench, and Deputy Recorder Nelson were in attendance.

1. Approval of agenda:

Motion by Commission Member Forrest to approve the September 11, 2018 agenda. Motion seconded by Commission Member Greener. Vote: Chairman Capener – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Forrest – aye, Commission Member Greener – aye, Commission Member Janssen – aye, Commission Member Stokes – aye. Motion approved.

2. Approval of minutes—August 28, 2018

Motion by Commission Member Greener to approve the August 28, 2018 minutes. Motion seconded by Commission Member Bennett. Vote: Chairman Capener – aye, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Forrest – aye, Commission Member Greener – aye, Commission Member Janssen – aye, Commission Member Stokes – aye. Motion approved.

3. New Business:
a. Discussion of zoning area for tattoo establishment

Administrator Bench said the City Council reviewed it and sent it back because we did not do zoning. Councilmember Rohde said we want to get rid of these overlays. If we allow a tattoo parlor, where should it be? We want the Planning Commission to come up with long-range strategic plans on how the City should be zoned. It is something that needs to be fixed and I told the Council this is a great committee to discuss and come up with good ideas. Administrator Bench said it was presented as a conditional use, but it can be a permitted use. If it remains a conditional use then what are the conditions? He gave some example of conditions for liquor stores and tobacco shops. They are permitted with the footnote that they be 600 feet from any school, public place or park. Commission Member Bennett said could we put this in the same category as private clubs, taverns and bars, where it is a CD (Commercial District) and CH (Commercial Highway)? Commission Member Stokes said our hands are tied with that 600 feet rule because Midland Square is in the middle of town—that takes half of downtown. Chairman Capener said we do not have to do 600 feet. Administrator Bench said other codes have 300 to 500 feet—it just depends on the town. Councilmember Rohde noted they could come back with a total change of code. The Commission agreed they were not worried about a tattoo parlor being close to Midland Square because of how it is used.

Administrator Bench asked Tony and Krisha Blankenship if they have found a location. They said 137 West Main Street, which is zoned CD. Councilmember Rohde said we are working on a campaign to revitalize downtown. That will be the number one priority of the City Council. So is this something that should be part of that growth on downtown’s Main Street? Commission Member Forrest said if you want foot traffic I think it is. We do not want vacant buildings. Chairman Capener said I think we want any businesses that are functioning. This business would be best for Main Street because they will only have one or two cars.

Commission Member Bennett said let us put it in CD or CH zone, similar to the private clubs and bars, but strike the 600-feet from a park, school, library or church. Administrator Bench said these rules are to protect youth walking by, but how many youth do you see walking on Main Street? The good part about the schools is they are a ways away. Commission Member Forrest said I am all right with Commission Member Bennett’s proposal to put it in CD and CH, and take the park stipulation out of it. Commission Member Stokes said the part about the church does not work because they are violating the commercial. I am all right with churches being there, but they should not change the code of the district. Chairman Capener said then let us pull the church part out. Commission Member Eberhard said I am not in favor of pulling that out. Administrator Bench said we do not have many regulations with churches—they can build anywhere they want if they own the property. The same goes for schools and group homes.

Commission Member Bennett said how much are people influenced by these businesses being nearby. Commission Member Eberhard said how much were people impacted by the pig place? They did not want it there. Everyone has their opinion on what they want next to them. Chairman Capener said if they want to control it then they should buy the property. We want to make sure everyone has the right to do what they want within reason. We cannot discriminate based on beliefs. Commission Member Eberhard said how many of you would like it within 600-feet of your home. Chairman Capener said I would not mind if it is on Main Street or in a commercial area.

Councilmember Rohde said our vision is to turn downtown into a place where there is a lot of foot traffic with trees and walkways. We want it to be a true downtown where people are spending a lot of time. Commission Member Forrest said by what power as a Council you have to do it. How much control do you have for who comes? If you build it they will come, but you do not get to pick the players. Councilmember Rohde said it all depends on zoning. What we put in downtown is going to attract the public. Depending how we zone it will determine what comes in. Commission Member Forrest said something trumps nothing in my opinion because we are empty now. Chairman Capener said the more you limit things down the more you create difficulty for those who own the building. Administrator Bench said we need to make it walkable and safe, but we need businesses that do not need a lot of parking because we do not have it and never will unless we tear it down and move things around. Commission Member Forrest said we have an old time Main Street and need to use what we have. Administrator Bench said downtown is limited now and select for certain types of businesses.

Councilmember Rohde asked if there are any conditions the Commission thinks are important to add for a tattoo parlor and would like to apply. How late they are open could be one, but there might not be many because they are held to certain standards and have to obey the law. Chairman Capener said if we had a home next door we could make the business obtain written consent saying they are fine with having that in their area. It is possible to have a commercial apartment next door. Commission Member Eberhard said there is a statement under the sign permit that applies. It says the intention to safeguard and enhance property values, to preserve and improve the appearance of the City, to protect public and private investment, and to promote public health, safety and general welfare. If it were going next to my house, I would not want it because it would deflate the property value. Commission Member Bennett said could we put a distance in there from any residential areas. Administrator Bench said you talked about striking parks and churches from the 600-feet, but the rest of it talks about schools, libraries, recreation facilities, any agricultural use, residential use and residential boundary, which begin at the property line. Councilmember Rohde said is Main Street
600-feet from residents. Commission Member Forrest said the only place it can be is in those zones, which is pretty limiting. If we are not going to let businesses come into business zones, we are not running the City right. Councilmember Rohde said if someone comes in and puts an apartment along that commercial zone, they take that risk. Administrator Bench said we rarely do single family in the commercial zones. A block north and south is 350 feet, while those going east and west are 320 feet. Commission Member Forrest said let us make it 300 from residents, that way it protects that zone. We do not want to extend the zone and have a buffer around it.

Administrator Bench said I am not aware of any city that regulates distance for tattoo parlors—I am just going on the liquor and smoke shops conditions. At those places, there is something to sneak in and get and at a tattoo parlor there is not. It is not really a destination for youth unless they want a tattoo and they will need ID. I think the 300-feet is reasonable from a residential zoned area. Councilmember Rohde said if they are allowed on the corners near residential they are within 300-feet, which will restrict them from going on the outskirts of that zone. They have to be on Main Street. Commission Member Eberhard said if there is residential then the business would have to get approval from those residents who were there already. Commission Member Janssen said if we do a buffer would it be walking distance or as the crow flies. Commission Member Bennett said the path where people would normally travel. Administrator Bench said this should not be as strict as liquor and smoke shops. At these locations youth can open the door and grab something they should not, but not at a tattoo parlor. Commission Member Bennett said so do we need to put any distance limits on there. Commission Member Forrest said that is where I am leaning. Let us just stipulate that it can go in those zones and call it good. We can add the 300-feet from residential and that does not change much.

Commission Member Greener suggested they add tattoos to the list in the CD and CH column with the 300-foot stipulation from a residential zone. This would include all others already on the list except churches and parks. Administrator Bench said those that come after the fact need to do their research of where those things are. Commission Member Janssen said the restriction from residents is a good buffer I would also add the school in my opinion. Commission Member Forrest said if we zoned it the way we did why are we buffering. You know when you buy the property that you are next to the commercial zone and anything commercial can go next to you. Commission Member Eberhard said they know that, but when they go to sell their house, they cannot because someone does not want it there. Chairman Capener said the closer your home gets to that CD line the more it increases in value. Those homes are worth more than those in a traditional residential because they are closer to commercial. Commission Member Forrest said it does not make a difference to me. A tattoo parlor is not a bar it is a business.

Commission Member Greener made a motion to allow tattoo parlors in CD and CH zones with a 300-foot buffer for residents that are bordering that area in a residential zone. The Commission also decided to change it to a permitted use. Administrator Bench said the only thing we would look at is if they are within 300-feet of the zone. We will look for the 300-feet and as far as the business license goes, they will get their certificate from the Health Department and follow up on any other required paperwork. Chairman Capener voiced a conflict of interest and abstained from voting.

Motion by Commission Member Greener to allow tattoo parlors in the zones discussed with the 300-foot buffer from residential areas and send this recommendation to the City Council. Motion seconded by Commission Member Forrest. Vote: Chairman Capener – abstain, Commission Member Bennett – aye, Commission Member Eberhard – aye, Commission Member Forrest – aye, Commission Member Greener – aye, Commission Member Janssen – aye, Commission Member Stokes – aye. Motion approved.

4. Adjournment

Motion by Commission Member Forrest to adjourn the meeting. Motion seconded by consensus of the Board. The meeting adjourned at 6:24 p.m.

The undersigned duly acting and appointed Recorder for Tremonton City Corporation hereby certifies that the foregoing is a true and correct copy of the minutes of the Planning Commission held on the above referenced date. Minutes were prepared by Jessica Tanner.

Dated this _____day of ___________, 2018.

______________________________
Linsey Nessen, CITY RECORDER

*Utah Code 52-4-202, (6) allows for a topic to be raised by the public and discussed by the public body even though it was not included in the agenda or advance public notice given; however, no final action will be taken.