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March 25 2008 Planning Commission Minutes

CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
March 25, 2008 – 4:00 p.m.


PRESENT: Acting Chairman Ron Bracken
Council Member Gloria Shakespeare
Commissioner Kim Campbell
Commissioner Ross Taylor
Commissioner Mike Nobis
Commissioner Chapin Burks
Commissioner Ron Read
Commissioner Julie Hullinger

CITY STAFF: Community Development Director Bob Nicholson
Assistant City Attorney Joseph Farnsworth
Planner Ray Snyder
Engineer Cathy Hasfurther
City Project Manager Todd Jacobson
Engineer Jay Sandberg
Deputy City Recorder Linda Brooks


CALL TO ORDER
Acting Chairman Bracken called the meeting to order and welcomed those in attendance. Acting Chairman Bracken led the flag salute.
CONSENT ITEM – FINAL PLATS

A. Consider approval of a final plat for Franklin Place Phase 2. This is for a four lot residential subdivision plat located at approximately 2350 East and Little Valley Road on 1.32 acres. Mr. Jim Raines, representative. Case No. 2007-FP-060
City Project Manager Todd Jacobson said this plat meets all of the preliminary plat conditions and approvals. Staff recommends approval.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a final plat for Franklin Place Phase 2. This is for a four lot residential subdivision plat located at approximately 2350 East and Little Valley Road on 1.32 acres and authorize Chairman to sign. Commissioner Nobis seconded the motion. All voted aye.

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B. Consider approval of a final plat for Mill Creek Commercial 2nd Amendment located in the Mill Creek Commercial, west side of 3050 east at approximately 2950 East and 970 North on 36.215 acres. This request is to amend the two lots of Lots 1-C and 1-E and create a third lot know as Lot 1-H. Mr. Ken Miller, representative. Case No. 2008-FPA-014

City Project Manager Todd Jacobson said this request to amend the two lots of Lots 1-C and 1-E and create a third lot know as lot 1-H. With these changes they are not eliminating any easements but they are creating new easements. Staff recommends approval.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a final plat for Mill Creek Commercial 2nd Amendment located in the Mill Creek Commercial, west side of 3050 east at approximately 2950 East and 970 North on 36.215 acres. This request is to amend the two lots of Lots 1-C and 1-E and create a third lot know as Lot 1-H and authorize Chairman to sign. Commissioner Hullinger seconded the motion. All voted aye.

C. Consider approval of a final plat for the Southern Parkway. This is for a road dedication plat. Located from the I-15 freeway interchange; the new Exit 2 Atkinville Interchange, to the east ending at approximately the new airport location. City of St George applicant, Mr. Scott Munson, representative. Case No. 2008-FP-017

City Project Manager Todd Jacobsen said this is the plat for the new Exit 2 at the Atkinville Interchange, to the East ending at approximately the new airport location. The City of St. George is the applicant on this plat.

Commissioner Read said in the owner’s dedication it indicates that SITLA is giving it to St. George, is that correct? Todd replied the way he understands it, the City will be an owner for a short time. Commissioner Read said then in the legal it states it is up to the Utah Dept. of Transportation to operate, maintain and build the road on it.

Brent Blufly with SITLA said there are four points of access that is shown on the current plat. The other one was already included in the previous dedication plat which was dedicated to UDOT.

Commissioner Read asked if he could tell the board how they are designating the easements on the plat. Brent said there is an easement directly on the bottom portion as it parallels the Arizona border. A 50 ft. dedication easement will be set aside for power line and utility infrastructure.
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MOTION: Commissioner Burks made a motion to recommend to City Council approval of a final plat for the Southern Parkway. This is for a road dedication plat. Located from the I-15 freeway interchange; the new Exit 2 Atkinville Interchange, to the east ending at approximately the new airport location and authorize Chairman to sign and make corrections on the plat. Commissioner Taylor seconded the motion. All voted aye.

D. Consider approval of an amended final plat for Mesa Palms Homes Phase 3 located along Dixie Drive just west of Dixie Drive Bridge at approximately 800 West and 1850 South. The purpose is to combine lots 54 and 55 into a single lot and to eliminate common area between these lots (existing home on lot 54 and applicant wishes to construct a pool on merged property). Mr. Reid Pope, representative. The zoned is PD (Planned Development). Case No. 2008-FPA-018

City Project Manager Todd Jacobson said this is for Mesa Palms Homes Phase 3 along Dixie Drive. The purpose is to combine lots 54 and 55 into one lot. The area is zoned PD (Planned Development). Todd stated the HOA is not in favor of this amendment.

Assistant City Attorney Joseph Farnsworth said if the HOA does not sign off on the plat then this amendment will not happen. His recommendation is to table this until information is received from the HOA.

MOTION: Commissioner Burks made a motion to table this item until such time a letter or recommendation is made by the HOA of Mesa Palms Homes Phase 3. Commissioner Hullinger seconded the motion. All voted aye.

PRELIMINARY PLATS

A. Consider approval of a preliminary plat for Boulevard Centre Pad “C.” This is for a one lot commercial subdivision plat; the building has been constructed under previous approvals and this is for a condominium subdivision. Located at 162 North 400 East. Mr. Bob Hermandson, representative. Case No. 2007-PP-008

City Engineer Jay Sandberg said this request is to create a commercial lot for pad “C”. This site is located at 162 North 400 East which is a public right-of-way. This development has already been constructed and approved. The request is for City approval of a condominium subdivision for the building. Legal counsel said it needs a preliminary plat first before the final plat.



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Commissioner Read will not vote on this item. He has a conflict of interest.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a preliminary plat for Boulevard Centre Pad “C.” This is for a one lot commercial subdivision plat; the building has been constructed under previous approvals and this is for a condominium subdivision located at 162 North 400 East. Commissioner Campbell seconded the motion. All voted aye.

B. Consider approval of a preliminary plat for Library Cove. This is to construct three
(3) new clustered single family housing units behind two (2) existing single family homes. The co-applicants are Mr. and Mrs. Keith Kelsh and Mr. and Mrs. Paul Burgoyne. The location is at 154 South and 100 West. The zoning is RCC (Residential Central City). Case No. 2008-PP-005

City Engineer Jay Sandberg said this preliminary plat Library Cove is conditioned upon approval on the Conditional Use Permit. He said they may want to hear the Conditional Use Permit item first then come back to this one.

CONDITIONAL USE PERMIT

B. Consider a request for a conditional use permit to construct three (3) new clustered single family housing units behind two (2) existing single family homes. The project is called “Library Cove.” The applicants are Mr. and Mrs. Keith Kelsh and Mr. and Mrs. Paul Burgoyne. The location is at 154 South and 100 West. The zoning is RCC (Residential Central City). Case No. 2008-CUP-009

Planner Ray Snyder presented this item before the preliminary plat for this project could be heard. Ray presented a slide presentation of the site. Ray said the applicant would like the existing homes to remain. Ray explained that the driveway would actually be a flag lot for lot 3. Access of this driveway will also be used for Lots 2 and 4. Ray said what they are trying to accomplish is to get better drainage to the street. The private driveway for the access to lot 3 will be a twenty-five foot. It will have a shared access for the other lots to use. The total area of the parcel is .81 acres.

Existing home for Lot 1 (154 So. 100 West) is 6,560 sq. ft. lot size
Proposed home for Lot 2 is 5,212 sq. ft. lot size
Proposed home for Lot 3 is 12,162 sq. ft. lot size
Proposed home for Lot 4 is 5,354 sq. ft. lot size
Existing home for Lot 5 (174 So.100 West) is 5,976 sq. ft. lot size


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Commissioner Hullinger said with a long drive entrance the fire engine would have to back out. Ray explained the process of how the plats are reviewed and the Fire Dept. is part of that review and they would at that time review the access for their needs.

Commissioner Read asked if there was a garage or a carport on Lot 5. Is the City accepting the carport as the one covered parking requirement? Ray said as long as it is covered it would be acceptable.

Commissioner Taylor asked about the setback requirement for the garages. Bob Nicholson said 5 ft. from an alley is what is required.

Keith Kelsh applicant spoke on the plans. He handed out photos on the existing homes aesthetics before and after the remodeling. He stated he currently works for Color Country Housing.

Commissioner Taylor asked if the garages are all 2-car garages. Keith replied all garages are one car except for the one in the back. There are plenty of parking on the site. Keith said they would not need to park on the street at all, he felt there was enough parking on the lots.

Commissioner Taylor asked if the private street only belongs to Lot 3 does that mean there would be a cross access agreement. You mentioned a cross maintenance agreement. How are the maintenance costs maintained due to the fact there is no HOA in place to help maintain the drive. Keith replied he wants to put in brick pavers which is 7 times stronger than concrete. He felt that would take the driveway maintenance a long way. He would give a deeded access to each of the two homes.

Commissioner Taylor suggested having some type of legal language in place so that the person on Lot 3 would not carry the full burden for the costs of the maintenance of the private street.

Keith Kelsh said the plans for the homes come from an architect in Oregon. He said he would be interested in an aluminum roofing material.

Council Member Gloria Shakespeare asked why they don’t put the garage on the property line. Keith Kelsh said he is trying to keep the garage area open so they would have room to get in and out. The garages are movable to some degree.

Keith said he did speak to the HOA right behind his parcel. They have two concerns with the setbacks for the home to the rear. The setback is set at 10 ft. which is what is required.
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He could move the home as close to the street while still having access to the two-car garage and he would be willing to do that. The HOA’s main concerned is the actual wall. It was built 20 years ago. It’s unstable, you can push it on the top, and it is very weak. There have been water problems in the back of this lot for quite some time. Keith said they could put up some retaining wall.

Commissioner Taylor said their concern is the homes are designed to be on the affordable end. He wants to know if the homes will be sold as owner occupy. Keith felt there were many ways to finance a home today and make it affordable to first time home buyers.

Commissioner Burks said on the garage it says loft access, how tall is the second story of that garage. Kelsh replied it is only a 3 ft. high as crawl space for storage.

Milo Waddoups the President of the HOA for Candlewood development said their development is to the west of the proposed project. Their property was built about 20 years ago. The walls have held up but they are getting worn. He said based on City requirements for this development the water flow heads to the new sewer down 100 West. So the dirt would have to come up high enough on the property line they share to support that drainage. He believes that some type of retaining wall needs to replace the existing one. The replacement retaining wall should be a 6-1/2 ft. wall (higher on their side). Keith Kelsh suggested that they put up a fence that would be more pleasing that a block wall. He said that might be a possibility.

Commissioner Campbell commented that the grade could be sloped so the drainage could go from back to front. You can also do catch basins or a combination of bench drains.

Greg Gifford lives at 130 West 200 South said his backyard is facing this lot. He would like to see a wall built between them and their property.

Frank Carter felt the area is being congested and that they are taking a step backwards for the design of the downtown area.

Gene Sturzenegger said back on December 11th he wrote a letter to the City regarding the dirt load that was being brought in for this development. He spoke on the drainage of the surrounding properties.

Gloria Hampton she spoke homes turning into rentals after a few years. She would like to see that the homes are owner occupied. She is opposed to this development.



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Gloria Moyer said she lives in the Candlewood Development. She is concerned about property values and feels there will be no privacy.

Wayne Hampton said he is against this development. He is concerned about multiple cars with each family and the parking arrangements.

Commissioner Campbell asked if the homes would be sold to families that will live there. Keith wished he could control that. He said on the south side there is no wall there.

City Council Member Gloria Shakespeare said at the last City Council meeting she asked City Attorney Shawn Guzman if they could make it part of the HOA’s agreement that legally they can have only a certain percentage of units rentals. He replied yes. She would recommend that they would have a HOA and make it mandate as owner-occupy percentage.

Assistant City Attorney Joseph Farnsworth said that HOA’s Bylaws and CC&R’s can require that all properties be owner-occupied. However, the City does not have the authority under either City or State law to require that owners occupy their properties and prohibit renting the property.

Commissioner Campbell asked the applicant if he would be willing to do a development agreement with the City. Keith Kelsh replied he would be willing to do one.

Commissioner Campbell said is there anyway you can give more parking ground space on the site for families that would have extra vehicles. Commissioner Campbell spoke on the retaining wall and the height of the wall. Keith Kelsh said he wants to the right thing with the wall back there. His recommendation is 1) they do a retaining wall with a 1-1/2 ft. or 2 ft. for what he would need for the drainage or 2) take the whole wall down and start new.

A resident of Candlewood said there is a problem with guest parking at their development. They have 5 parking spaces for guest parking for 10 units. He is wondering about their guest parking will it be on 100 West.

Community Development Director Bob Nicholson said the code does require 2 parking spaces for the three homes in the rear. The developer would be responsible for a privacy wall to an adjacent single family home.




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MOTION: Commissioner Read made a motion to recommend to City Council approval of the Conditional Use Permit for the setbacks as requested by the applicant subject to the following conditions; the aesthetics be as presented here tonight from the elevations to the materials, fire code be met, that the private drive be 25 ft. wide, with the circle in the middle, requiring two guest parking spots which need to be off the 25 ft. drive and not within the circle, joint access is a requirement for the access, the building height not to exceed 35 ft., install a privacy wall on the south side and don’t infringe on the integrity of the two adjacent walls the one behind and to the north, if you do you will be responsible for rebuilding them to the satisfaction of adjacent property owners and take care of your water issues which you will be required to do under City ordinance.

DISCUSSION ON THE MOTION
City Engineer Jay Sandberg said on the proposal this is the first time he has seen the circle drive. He said what they discussed with the applicant would be more of a hammer head type of turn-around. He believes they could put guest parking in the turn-around and also have a hammer head type turn-around.

Keith Kelsh said hammer heads are ugly. He did call the Fire Department and they said a 90 degree turn was too sharp. By creating a circle it is not too ridged for a 90 degree turn. He said for parking they could take the south area for parking.

Commissioner Read said they will leave the details that need to be worked out up to staff.

MOTION: (continued) Commissioner Campbell seconded the motion.

Commissioner Burks voted nay Commissioner Nobis voted aye
Commissioner Hullinger voted aye Commissioner Taylor voted aye
Commissioner Campbell voted aye Motion passes 4 to 1

Acting Chairman Bracken stated they need to go back and finish the Library Cove preliminary plat up first before moving onto the Public Hearings.

PRELIMINARY PLAT (continued)

B. Consider approval of a preliminary plat for Library Cove. This is to construct three
(3) new clustered single family housing units behind two (2) existing single family homes. The co-applicants are Mr. and Mrs. Keith Kelsh and Mr. and Mrs. Paul Burgoyne. The location is at 154 South and 100 West. The zoning is RCC (Residential Central City). Case No. 2008-PP-005

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City Engineer Jay Sandberg said the issues for this site has been very well discussed during the process of hearing the Conditional Use Permit. Jay said as far as the drainage this gets a lot more attention when the construction drawings are submitted to the City. City staff will look at other possibilities in order to avoid having to build the property up.

Jay said if they provide plenty of parking such as the driveway through the garages. There are places for people to pull-in, back up and turn-around versus taking up all of the area in that development with pavements and turn-arounds.

Assistant City Attorney Joseph Farnsworth said that the commission can include issues such as requiring a development agreement as part of their motion on this preliminary plat.

MOTION: Commissioner Read made a motion to recommend to City Council approval of a preliminary plat for Library Cove with the conditions water be worked out with staff and they would like to see the revisions in the driveways so when they go to City Council it will be done.

DISCUSSION ON THE MOTION
Commissioner Hullinger asked if they to have included in the motion that they work out a development agreement. Commissioner Read said he felt they did not need one. He said it is an RCC zone and felt it is covered by RCC zone and City ordinance.

Commissioner Taylor said he thinks for the purpose of assuring a rental balance in this area he feels they need a HOA and/or a development agreement that specifies on how many of those homes can be used for investments purposes and how many need to be owner occupy. That is part of the intent for this area.

Acting Chairman Bracken said the HOA isn’t going to do anything because the Homeowner’s after it has been establish can revote and change the text of the CC&R’s anyway they want.

Community Development Director Bob Nicholson said in the RCC zone it does say the projects have to be platted to encourage or accommodate sale. Bob said can they really regulate the rental. He believes they can’t control the homes as rentals.

Assistant City Attorney Joseph Farnsworth said this is what he was referring to earlier that State law does not restrict to whom and when you can sell your home to.



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MOTION: (continued): Commissioner Campbell seconded the motion.

Commissioner Burks voted nay Commissioner Nobis voted aye
Commissioner Hullinger voted aye Commissioner Taylor voted aye
Commissioner Campbell voted aye Motion passes 4 to 1

Acting Chairman Bracken said at this time we will hear the public hearings that have been set for 5:00 p.m.

ZONE CHANGE REQUESTS – PUBLIC HEARINGS (5:00 P.M.)

A. Consider a zone change from A-1 (Agricultural) to PD (Planned Development) on approximately 3.0 acres. The applicant is Mr. Rod Orton. The representative is Mr. Greg Mathis. The project is for “Hobby Huts”; create individualized spaces (with HOA & CC&R’s) ranging from 2,000 to 6,000 square feet to conduct personal hobbies or store personal vehicles upon. The site is located on the north side of 1800 North Street at about 2172 West. Case No. 2007-ZC-026

Community Development Director Bob Nicholson spoke on this project stating that this is the third time this item has come before Planning Commission. The last time it was heard there were only 4 Planning Commission members for that meeting. The representative for the applicant requested at that time to table the request in order to give the applicant time to prepare CC&R’s for the project which would spell out with more detail regarding the permitted and prohibited uses.

Bob went over staff comments;

1. This is a proposal to sell individual spaces ranging from 2,000 sq. ft. to 6,000 sq. ft. for persons to conduct personal hobbies or to store personal vehicles (e.g. auto collector storage, motorcycle storage, or RV vehicle storage). The hobbies mentioned in the attached PD text include wood-working, art studio, photography lab, model building, and similar uses. All the above uses would be personal hobbies and no commercial, public, or business use would be allowed.
2. The setbacks for the PD commercial zone would apply; 25' front landscape setback from all public streets, and 10' for side and rear setbacks.
3. The building design shall be similar to the existing building on-site. Exterior walls shall be colored masonry, and all roofs shall be gable roofs with a minimum of 24" overhang on sides, and a minimum of 6' overhand across the front. The building shall be restricted to a maximum height of 22'. A kitchenette and private office space may be allowed but no overnight use is allowed.

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4. The property would need to be subdivided to allow for sale of the individual spaces and an HOA would need to maintain the common area including private driveways. See the attached PD text for the complete proposal by the applicant.
5. The main staff concern is that NO commercial activity be conducted and any activity which would normally require a City business license shall not be allowed on these premises. These units are for personal hobby use only.
6. A draft copy of the proposed CC&R’s has been submitted for City review. The 28 page document does spell out the permitted and prohibited uses and those pages are attached for your review.

Bob feels this could be enforced with limitations for this type of use. He thinks the PD Text will control the use between that zoning and the CC&R’s.

Assistant City Attorney Joseph Farnsworth said he has some concerns within the PD Text. He spoke with Greg Mathis and he addressed those concerns and they have been revised in the new PD Text. Once the zone change request is approved then the PD Text becomes the City ordinance governing this property.

Commissioner Read said in the PD Text under Permitted Uses they have the catch all provision at the end stating “such as other uses that will be determined by the board to be compatible.” He asked if that statement was taking it out of City’s hands.

Greg Mathis said he felt that statement was too broad and he would suggest they change it to be approved uses by the City instead of by the CC&R’s.

MOTION: Commissioner Read made a motion to recommend to City Council approval of a zone change from A-1 (Agricultural) to PD (Planned Development) on
approximately 3.0 acres. The applicant is Mr. Rod Orton. The representative is Mr. Greg Mathis. The project is for “Hobby Huts”; create individualized spaces (with HOA & CC&R’s) ranging from 2,000 to 6,000 square feet to conduct personal hobbies or store personal vehicles upon. The site is located on the north side of 1800 North Street at about 2172 West subject to staff comments and the sentence change to the PD Text stating “other uses determined by the Community Development Director for the City of St. George.” Commissioner Hullinger seconded the motion.

Commissioner Nobis voted nay Commissioner Campbell voted nay
Commissioner Hullinger voted aye Commissioner Burks voted aye
Commissioner Taylor voted aye Commissioner Read voted aye
Motion passes 4 to 2


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Acting Chairman Bracken introduced the Boy Scout Troop 1810. The scouts came to the podium to state their name and what badge they were working on.

B. Consider a zone change from R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) to R-3 (Multiple Family Residential). The applicant is Mr. Rich Lewis. The property is on 3.81 acres and located on Riverside Drive adjacent to Palomar and Villa De Colina. Case No. 2008-ZC-008

Community Development Director Bob Nicholson said this request is to consider a zone change from R-1-10 (Single Family Residential) to R-3 (Multiple Family Residential). Bob said it is on the eastside of Riverside Drive. The applicant has not submitted any plans to date. The property is bounded by R-3 to the north and west and the Virgin River Flood plain to the east. The property is below the street grade. The request is consistent with the General Plan Land Use map. Bob said R-3 will allow up to 13 units per acre.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a zone change from R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) to R-3 (Multiple Family Residential). The property is on 3.81 acres and located on Riverside Drive adjacent to Palomar and Villa De Colina. Commissioner Nobis seconded the motion. All voted aye.

C. Consider a zone change request from RE-12.5 (Residential Estate 12,500 sq. ft. minimum lot size) to PD-RES (Planned Development – Residential) on 34.58 acres located generally at 2050 East 150 North. The applicant is Red Cliffs Park (Escalara Phase 4-9). Case No. 2008-ZC-002

Planner Ray Snyder said this request is to rezone from the RE-12.5 to PD-RES. The area is 34.58 acres. Dedicated Open Space is 16.38 acres, the road area is 6.70 acres and the lot area is 11.50 acres. This site is south of the Red Cliffs Desert Reserve. The General Plan has this as LDR (Low Density Residential and OS (Open Space). The goal of the applicant is to develop in seven (7) phases approximately 108 single-family residential lots of various sizes with open space areas. The break down of the 108 lots would be; 74 single-family detached patio homes, 21 single-family auto court product, and 13 single-family lots. Residences would consist of single-story, two-stories, and some walk out basements.

Ray said a flood prone area is located on the site. The wash is in Zone A, thus a portion of the site is in the flood plain. The flood prone area generally extends north to south through the center of the site.


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Ray said the project proposes both public and private streets with a 35 ft. right-of-way and 30 ft. right-of-way for private streets. The public streets would have a 45 ft. and 50 ft. right-of-way.

The majority of the proposed homes will be single-story and will be less than 25 ft. in height with 2-story homes not exceeding the 35 ft. maximum height.

Staff comments are as follows;

1. This site has varied terrain and significant red rock outcrops and ledges. The Planning Commission should visit the site as a group with staff and applicants to get a better understanding of the proposed project and how it fits the terrain.
2. The slope disturbance standards sited above and contained in the Zoning Code may not be met by the present site plan. More discussion/review is needed as it appears that more than 5% of the 30-39% slope is proposed for disturbance.
3. Private streets are generally discouraged and this plan has both public and private streets proposed. Private streets require the HOA to be responsible for long-term maintenance.
4. If the zone change is approved, a preliminary and final plat would be required.
5. Conceptual home elevations and colors are provided as part of the application packet.
6. A site visit is important to understand the scenic characteristics of the site.

Ray read into the record from the Written Text which he stated is right out of the City ordinances.

Ray stated the Hillside Review Board met on site and discussed this project on March 19, 2008. The hillside motion was as follows;

“A motion to approve the requested hillside permit as presented with the reservation that Lot 45 should be removed from the project unless the applicant and Development Services (staff) determine adequate mitigation measures are achievable, that all drainage on site shall be evaluated by Development Services and appropriate mitigation shall be made, that all walls, their method of construction, and materials shall be shown on the submitted plans and shall be in compliance with the city wall ordinance, that the 100 foot minimum setback from ridgeline be adhered to. It is recognized by the committee that the developer and representative have demonstrated design and consideration for preserving the visual amenities of the site. The motion also includes staff comments as presented in the staff report.” (Staff comments from the report are listed below)

The applicant shall follow the recommendations of the AGEC geotechnical report dated February 1, 2008; project no. 2072143 (pages 9 thru 17).

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The drainage improvements shall comply with the City of St George flood control requirements. Recommendations are found in the Drainage Study; Project No. B & G 5-8741 (subject to City engineering review).

100 foot setbacks shall be maintained from the ridge line; per Title 10, Chapter 13 “Overlay Zone,” Chapter 13, Article A “Hillside Development Overlay Zone,” and specifically Section 10-13A-2.

No structures shall be located in the utility easement(s).

No structures shall be located in the site distance areas.

Retaining walls shall meet the requirements of Title 10, Chapter 18 “Walls, Fences, and Hedges’ and Title 10, Chapter 18, Article A, “Rockery Walls.”

All density and disturbance shall comply with Title 10, Chapter 13 “Overlay Zone,” Chapter 13, Article A “Hillside Development Overlay Zone,” specifically Sections 10-13A-4 and 10-13A-5.

The requested “non-applicable” cross hatched areas on the slope map may be disturbed per Section 10-13A-5 (B)(3); Small washes or rock outcroppings which have slopes distinctly different from surrounding property and not part of contiguous topography may be excluded from slope determination if, in the opinion of the hillside review board, the exclusion of such small areas from slope determination will not be contrary to the overall purpose of this article.

“No Disturb” areas shall be designated on the slope map.

Orange fencing shall be installed to indicate limits of disturbance.

Trail head parking shall have off street parking provided that does not require backing out into the right of way.

Spencer Cooreman the project manager for QRS Group represents the owners here tonight. They sent a fax sheet out to the former City Planner John Willis for his review and to make sure it was accurate. They sent out a Neighborhood Open House invitation to the group of people who where listed on the labels for this zone change. He said there was not a great turnout to the Open House which turned out to be only 3 people. The residents that did show for the Open House were concerned with the disturbance of the

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land and what that would do to the drainage. Once it was explained to them how that would be taken care of the residents left the meeting satisfied with the answer to their concerns. Each home owner who attended was identified and their concerns were shared. Mr. Jim Raines is here tonight to address water pressure issues.

Commissioner Read asked what the response to Laura Taylor’s letter was. Mr. Cooreman said the biggest concern with her request is whether or not the parking should be located along one side of the other. Mr. Cooreman responded with the fact that a turnout area would be provided (off road/no parking on road to access trail head).

Assistant City Attorney Joseph Farnsworth said another concern that was brought up in Ms. Taylor’s memo that needs to be addressed is the maintenance by HOA for the trailhead and trail. Also, he knows that the HOA will maintain the Open Space in the project but does that include the trailhead and trail?

Mr. Cooreman stated they will work with staff regarding the HOA and state their main intention on the HOA’s responsibilities. Mr. Cooreman said they are on their 10th revision. It is a tough piece of ground. They propose two different protypes for this project. They have the large single-family on the NE corner and the same in the SE corner and in the middle they have they clustered the patio homes. On the other side of the wash and power lines they made another cluster of homes. He stated they lose a great deal of land in the middle due to the wash and the power lines.

Jim Raines with Bush & Gudgell said the water issues are under an entirely different water pressure. City Engineer Jay Sandberg said they worked with Bush & Gudgell on the drainage.

Ray Carpenter a nearby resident said he has walked the property. His point of view they have done a very good job.

Mark Truman lives across the street from Mr. Carpenter. His main concern is the access. Liberty Heights streets are the narrow street of the two streets. His street has the rounded curbs. This design does not keep water under control this way.

Brian Plumb lives close by and his house is directly on the flood plain. He is concerned with the water flow from the flood plain. His house has been flooded before. It would be great if they could control that. Will there be good enough drainage that is my concern.

City Engineer Jay Sandberg said when Escalara was built the developers did quite a bit of improvement to the drainage in that area. He knows there are still some concerns with

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Middleton Drive when it comes to drainage. Jay said the area where you come down to the low part of the wash below the power line there will be an outlet control structure. Quite a bit of the flow can backup into the area. There is an opportunity here to do quite a bit of detention and solve a lot of the drainage problems that come down through this street.

Alane Truman a resident spoke on the water drainage. There is a flooding problem. The other issue is the street. The street is very narrow. This needs to be addressed.

Jay Sandberg said the street is 35 ft of asphalt which is a standard local street. Jay said there is a square mile of drainage which has the potential of running 400 cubic ft. per second. The street could handle probably 30-40.

Assistant City Attorney Joseph Farnsworth said the motion needs to include that the written text be clarified to state that the HOA shall maintain the open space which includes parks and trails.

MOTION: Commissioner Taylor said he feels there needs to be a site visit and he would like to make a motion to table this item. Commissioner Burks seconded the motion.

ADD TO MOTION
Commissioner Read said he would like to add something to the motion. He said during this time he would like to see the applicant clarify some issues. He would like to have the applicant get together with City staff regarding the 30% slope, get an elevation for the 2-story homes, remove Lot 45 off the site plan, get the PD Text change, get Laura’s look at the placement of the pull through and see if she is acceptable with that and asked the applicant to get a letter from Escalera that they have no problem to move this project forward, and he would like to see City Engineer’s comments. All voted aye.

WIRELESS MASTER PLANS

A. Consider a request for an amendment to the Wireless Development Master Plan for Verizon Wireless network. Technologies Associates is the representative. Case No. 2008-WMP-001






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Planner Ray Snyder stated this item was tabled from our last Planning Commission meeting on March 11th. It was tabled so that a representative would be available to be able to answer questions. The location for this Verizon Wireless is on the hotel up on Airport Road. They are proposing a wall mounted antenna.
Connie representing Verizon said they are planning to do a wall mounted antenna. There is no plan on having it attached to a pole. If a roof mounted antenna is required she understands she needs to go through the process of a CUP and the antenna will not exceed eight feet in height.
Assistant City Attorney Joseph Farnsworth said this is an amendment to their master plan. With the amendment it is based on the site location. It is not detailed to what type and design they want to use.
Planner Ray Snyder explained that the first step is to amend their use map and step two would be to determine what type of antenna that will be used.
Connie said the antenna will be painted to match the building. Connie said they plan on putting four antennas on the building. She said they would be put on the building pretty low due to the fact the building is 2-story and is on a top of the cliff.
MOTION: Commissioner Campbell made a motion to approve a request for an amendment to the Wireless Development Master Plan for Verizon Wireless network. Technologies Associates is the representative. Commissioner Hullinger seconded the motion. All voted aye.
B. Consider a request for an amendment to the Wireless Development Master Plan for ALTEL Communications. Faulk & Foster, Ms. Belinda Bodie, representative. Case No. 2008-WMP-002

Planner Ray Snyder said this is to amend the ALLTEL Communications Wireless Master Plan. They want to add a 100-ft monopole in the Ft. Pierce Industrial Park. Ray presented a picture showing the look of the pole. This is the same ordinance that was heard on the previous item you just heard.

Ray said the City Code does not allow a monopole to go over 100 ft. The applicant has provided a narrative.

Belinda Bodie representative said what they are asking for is an amendment to their master plan. But they are requesting a 100 ft. monopole with a lighting rod. She asked if the lighting rod counts as part of the 100 ft.




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Assistant City Attorney Joseph Farnsworth said Planning Commission needs to decide in their role as a fact finder if the lighting rod becomes part of the requested 100 ft monopole.

Belinda said they will cover a little bit of the eastern part of St. George as well as Ft. Pierce. Belinda protects the antennas for the power. So it does not hurt the equipment.

Commissioner Taylor felt the lighting rod should be included in the 100 ft. requirement height.

Belinda said they are trying to get the height so they can separate themselves from other wireless services.

MOTION: Commissioner Taylor made a motion to approve an amendment to the Wireless Development Master Plan for ALTEL Communications as stated. Commissioner Campbell seconded the motion. All voted aye.

CONDITIONAL USE PERMIT

A. Consider a request for a conditional use permit to construct a 100-foot monopole telecommunications tower with an associated 11.5 ft x 20 ft. equipment shelter. The applicant is ALTEL Communications and Faulk & Foster, Ms. Belinda Bodie, is the representative. The location is 1087 East Commerce Drive. Case No. 2008- CUP-005


MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a request for a conditional use permit to construct a 100-foot monopole telecommunications tower with an associated 11.5 ft x 20 ft. equipment shelter located at 1087 East Commerce Drive.

DISCUSSION ON THE MOTION
There was discussion on the height of the 100-foot monopole. Commissioners felt they should add something to the motion regarding the maximum height they could go.

Acting Chairman Bracken said could they add to the motion that the main pole would be allowed at 100-ft. and the rest of the attachments to the pole fit in to whatever the ordinance may be declared later by City staff.




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MOTION: (continued) Commissioner Hullinger said she would accept that into her motion. Commissioner Read said he would second the motion accepting the 100-ft pole and the antenna’s below the 100-ft. cannot go above but a lighting rod that is less an inch in diameter can go up to 7-ft. maximum. All voted aye.

DETERMINE USE

Determine whether an indoor soccer facility is similar to and in harmony with a recreational enterprise use which is a conditional use in the M-2 industrial zone; Section 10-11-2 “Uses.” Mr. Dave Clark, applicant and Mr. Roger Stratford, representative. Case No.2008-DU-002

Planner Ray Snyder said this is for an indoor soccer facility in an M-2 zone. Roger Stratford is the representative for the applicant. He said this is request is for an inside recreation area. They feel it is similar to what has been approved for in the past such as
Jumping Jacks in Millcreek. If a determination is made that this use is in harmony with the M-2 zone then an indoor soccer field could be considered as a conditional use in any M-2 zoned property within the City. However, this request has been prompted by the applicant’s desire to establish an indoor soccer field in the old Moore Business Forms building off Dixie Drive.

Commissioner Burks felt it was not similar to what was approved previously. Those other ones were approved in Industrial Parks this location is surrounded by residential homes. Ray pointed out that this location is an M-2 zone.

Roger Stratford the applicant said this is similar to Extreme Racing over on M-2 in Millcreek was approved. He said they would like to see this approved. The hours of operation will be about 10:00 to 11:00 a.m. and sometimes they will go into the evenings.

Assistant City Attorney Joseph Farnsworth reminded Planning Commission that tonight they are just looking to see if this use would be allowable in an M-2 zone. When the applicant comes back with a Conditional Use Permit that is when they can discuss the use in more detail.

Commissioner Taylor said he does not see a big difference to the other uses they have approved. He feels it would be a good business for the owner and for the community.






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MOTION: Commissioner Taylor made a motion to approve the use of an indoor soccer facility and finds it is similar to and in harmony with a recreational enterprise use which is a conditional use in the M-2 industrial zone; Section 10-11-2 “Uses.” Commissioner Campbell seconded the motion. All voted aye.

HILLSIDE PERMIT

Consider a request to obtain approval to shift a proposed home up to ten feet (10’) into a “No Disturbance Area” on Lot 31 of Kachina Cliffs Phase 2 within the Entrada Planned Development. The shift would reduce disturbance of a small wash on the south side of the property. The representative is Mr. David Dawson. Case No. 2008-HS-003 (10:00 a.m. if site visit is determined to be required by HSRB; staff will provide photos at meeting).

Community Development Director Bob Nicholson said this is a request to allow a home on Lot 31 to shift up to ten feet (10’) into a “No Disturbance Area” in Kachina Cliffs Phase 2. Bob said he has been out on the site and Hillside Review has reviewed this and has recommended approval. This is a difficult site. There is a small wash on each side of this building site. The applicant’s request is not to increase the size of the home but to shift the home on the site about 10 ft. They want to remove the home 10 ft. away from the wash and move the house plans 10 ft to the north side of the lot.

Bob said the next step is that the applicant will have to amend the plat. Bob said they will need to visit with legal on this task. Bob said the Entrada HOA has approved this plan.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request to obtain approval to shift a proposed home up to ten feet (10’) into a “No Disturbance Area” on Lot 31 of Kachina Cliffs Phase 2 within the Entrada Planned Development. The shift would reduce disturbance of a small wash on the south side of the property. Commissioner Burks seconded the motion. All voted aye.


Meeting adjourned at 8:15 p.m.
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