Planning Commission

Tuesday, August 24,2004
Minutes



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
August 24, 2004 - 5:00 p.m.



PRESENT: Chairman Gil Almquist
Council Member Suzanne Allen
Commissioner Vince Clayton
Commissioner Chapin Burks
Commissioner Kim Campbell
Commissioner Ross Taylor
Deputy City Attorney Ron Read
Community Development Director Bob Nicholson
Planner Mark Bradley
Planner Ray Snyder
City Engineer Jay Sandberg
Deputy City Recorder Linda Brooks

EXCUSED: Commissioner Myrna Stout
Commissioner Ron Bracken


CALL TO ORDER

Chairman Almquist called the meeting to order, welcomed those in attendance. Chairman Almquist led the flag salute.

FINAL PLATS

Consider approval of the following final plats:

A. Las Hurdes Townhomes with 13 townhome units located at Valley View Drive and Shadow Point Drive. Greg Mathis, applicant. Case No. 2004-FP-055

B. Meadow Valley Phase 2 with 67 single-family residential lots located at 2830 South and Little Valley Road. Quality Development, applicant. Case No. 2004-FP-056

C. Sagewood at Seven Hills Phase 1 with 23 single-family residential lots located at 1800 North and Tuweap Drive. Ence Homes, applicant. Case No. 2004-FP-057

MOTION: Commissioner Clayton made a motion to recommend approval to City Council for 1A, 1B, 1D final plats with authorization for Chairman to sign. Commissioner Burks seconded the motion. All voted aye.
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MOTION: Commissioner Burks made a motion to recommend to City Council for approval of a final plat for Sagewood at Seven Hills Phase 1 with 23 single-family residential lots located at 1800 North and Tuweap Drive. Ence Homes, applicant, authorize chairman to sign. Commissioner Campbell seconded the motion. All voted aye. (Vince Clayton did not vote on 1C)


PRELIMINARY PLATS

Consider the following preliminary plat requests:

A. Foremaster Ridge Phase 3 with 12 single-family residential lots located on Crest Line Drive off of Five Sisters Drive. Doug Rogers, applicant. Case No. 2004-PP-030

Mark Bradley stated this was tabled from our last meeting for a site visit. The site visit was scheduled for August 17, 2004. The question posed by staff is the location of the ridge line whereas the 30 ft. setback would apply.

Chairman Almquist asked for clarification on the abrupt edge. Doug Rogers the applicant stated that when they came in with the original plat in Phase 1 the City had them add right to the final plat, that no structure could be built within 30 ft. of the abrupt edge.

Doug stated they are asking to keep this development the same as the previous homes. They are asking for the 30 ft. setback. They did notify potential buyers that they will need to paint the rocks.

Chairman Almquist asked if prospective buyers are informed that the City ordinance states that the walls will be restricted to 6 ft. in height. Doug replied what happened was they were told to put that as a deed restriction when they added the 50 ft. parcels. The 6 ft. is not realistic, but they dont want any 30 ft. walls. But he feels the walls need to be increased more than the required
6 ft.

Chairman Almquist questioned if that could be allowed. Deputy City Attorney Ron Read replied any new phases could be subject to new changes. If there are changes in the ordinance then the Planning Commission can add those changes to the different phases that come in.

Chairman Almquist said that since Doug is asking for an increase in the height of those walls would it not stand to reason that it also needs to go through Hillside Review Board, since Hillside met for the first one. Doug stated that when they met with Hillside before they are the

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ones that came up with the abrupt edge originally. Then this deed restriction on the 50 ft. parcels, again they agreed that the lot did not have any limitations on the height of the wall. The one thing they did want to do originally was to let it be made for the whole hill lets not redo it when a new phase comes up.

Chairman Almquist said they were rained out on the top of the hill. He was invited to another home and sees how they did their vertical wall. Is this the way yours will be? Doug said they are trying to get everyone in the CC&Rs. They have no problem in putting this requirement in Phase 3. Doug said when he said tried it is because it is not in the CC&Rs from previously. Again, they will try their best.

Bob Nicholson stated the problem occurred in the first phase. He believes that the homes on the northern edge have done a great job in staying away from the edge line. There is enough depth in the lot to keep those homes away from the edge line. If they cant come to an agreement then it needs to be tabled and looked at further.

Todd Edwards from Bush and Gudgell stated these are big lots. When Doug bought the property, he changed it. He hates to see him penalized for not being able to put the homes he wants up there. These are expensive lots and the people who purchased them will want to keep them looking nice. He feels the request to stay back is an unreasonable request. This is the way it was done for phase 1 and phase 2.

Commissioner Taylor stated he feels the best solution to this has not been reached. He appreciates the property owner wanting the view. But, stacking rock vertical on the edge is not a good view for the public. He believes coming out to the edge would be dangerous.

Commissioner Campbell said he would like to second that opinion. You cant take every sprawling lot plan and put it on the lot of St. George. If they were looking at the abrupt edge and come back 10 ft. and started the rock wall and then go up X distance. Each one of those lots could have a walk out basement. If someone is going to put a sprawling wall out there then it should be set back away - 8 to 10 ft. It is also a safety and health issue. In his view point it is encroachable.

Todd said they are not grading any of the lots. They want the architects to work with the terrain.

Commissioner Clayton said he has the upmost confidence that they will do an up right job. But they are going to sell these lots to multiple designers and everyone will approach this and read the CC&Rs but it seems to him that there is enough opportunity here to make a mistake. You said youll do your best. He knows from experience that things foul up.

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Doug said they do have an architectural control committee and they do have to go through them for their home to be built. Chairman Almquist said he sees having more of a backyard. Doug said he agrees with that. They purchased that property for a very healthy sum. Now the Commission is telling him that they are putting restrictions on him. Why are they different from Stone Cliffs walls? Commissioner Campbell replied it doesnt mean that it is right.

Chairman Almquist said they need someone to discuss these walls, where they are going to be built and make sure that they are followed. Doug said people want to come in and build what they would like. The rules have changed and all they are asking for is to continue with what is already built.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for the preliminary plat of Foremaster Ridge Phase 3 with 12 single-family residential lots located on Crest Line Drive off of Five Sisters Drive. Commissioner Clayton seconded the motion.


Commissioner Clayton said this is just a suggestion to Doug, that there will be an ongoing capability of regulating the CC&Rs. Doug said the CC&Rs and the architectural control committee does have that power very plainly written in it. That if they dont adhere to what the rules are then they have the right to enforce them legally and put a lien on the property and do whatever they need until they recover the cost of taking care of the problem.

Chairman Almquist said it would be nice to add cross-sections of just how these walls could be built. Because language and illustration are going to get you further than language alone. If it is agreed in the motion it would be nice to say that - yes, they recognize your descriptions but at the same time it would be nice to have some guidelines that should be brought before the next City Council meeting for them to also look at.

ADDITION TO MOTION: Commissioner Taylor stated he would like to amended the motion to include language that indicates that there needs to be more adequate design of walls and wall features that would support a better view and would support better stability of the edge and restriction the use of some property. Commissioner Clayton seconded the addition to the motion. All voted aye.


Mark stated that staff would need more clarification on what the Planning Commission would like to see. Chairman Almquist replied what they are requesting is a cross-section of the different scenarios before them this evening. The applicant will come back and show all the possible ways that someone could put a house on that lot and the ways they can build walls PLANNING COMMISSION
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behind that lot and the various setbacks to exact measurements, etc. So when somebody comes to build a house there on that lot they are going to know that there was some group time spend between staff, Planning Commission and Hillside if it had been involved, on just where those walls should be and they should know in order to build safely up there that they have some options and its not just to push their house clear out to 30 ft. of the abrupt edge. Mark asked then do they want a cross-section on each lot? Chairman Almquist said yes, I think so. Mark said and they want it before the City Council, so that the Council can look at that. Chairman Almquist said and that they recommend that be part of Councils consideration.

B. Sun River St. George Phase 15 with 80 detached single-family units located at Angel Arch Drive south of Sun River Parkway. Darcy Stewart, applicant. Case No. 2004-PP-031

Mark Bradley said this proposed phase is south of the Atkinville Wash. Construction of the bridge will take place as part of this development. It is located near hole 15 of the golf course. This is on 22.303 acres with a density of 3.59 units per acre. The emergency access ties into other areas. Two considerations staff would like to see are (1) layout of the building pads. As a standard, dwelling units should be located outside of the 150 ft. golf ball flight line measured from the center of the fairway and (2) discussion of an emergency access for the proposed 80 units. There is proposed one access, which is on the south side of the wash.

Rick Rosenberg representing Sun River said with respect with staffs two questions, the road and the 66 ft. bridge will be designed for a 100-year flood per City design. The bridge is also a 66 ft. wide road. One thing about the Atkinville Wash it is a dry wash about 99.9 of the time. But they are designing the bridge for the 100-year case. It is a private own golf course not a public course.
MOTION: Commissioner Clayton made a motion to recommend to City Council approval of preliminary plat for Sun River St. George Phase 15 with 80 detached single-family units located at Angel Arch Drive south of Sun River Parkway. Darcy Stewart, applicant. Commissioner Burks seconded the motion. All voted aye.


C. Highlands Subdivision with 127 lots located approximately Dixie Drive. Milo McCowan, agent. Case No. 2004-PP-032

Mark Bradley stated that this item came before them for a hillside development permit which was required initially as part of the process. Mark said in their packets they will see a revised cross-section for the main drive off Dixie Drive and into the project. The lots actually go to the property line but there are some areas that are designated as no disturbed areas because of the ridge lines that do exist out there. He said the site plan which is zoned R-1-10 and is on 64.69 PLANNING COMMISSION
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acres. Planning staff walked the site with the applicants to identify areas where the 30 ft. setback would be required. Part of the way they are dividing up the property rights he believes it would be safe for the legal department to review those to see if the City is comfortable with that language.

Commissioner Campbell asked if the walls fall on the Citys right-of-way. Mark replied the walls are outside of the right-of-way. It is the terrace walls as you get up into some of the properties that are not within that area. It is to allow any of the HOAs to come onto the property if they need to maintain any of that retaining wall.

Ed Burgess one of the partners in the development stated their intent was to keep the HOAs as small as possible and make it easier to maintain. Deputy City Attorney Ron Read said they could have individual contracts and have them maintain it.

Commissioner Campbell asked where the liability land is for the safety of these walls. Jay Sandberg said the City is not going to take that responsibility. Ron Read stated it would have to be a private matter between the developer and the home owner.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of Highlands Subdivision with 127 lots located approximately Dixie Drive. Milo McCowan, agent, the walls need to be worked out with Council to exactly where their going to be in relationship to lots and maintenance of them as well. Commissioner Clayton seconded the motion. All voted aye.


D. Bella Terrazza at Sunbrook with 11 buildings and a total of 110 units (10 units per building) located off Sunbrook Drive. Sunhill Homes, applicant. Case No. 2004-PP-033

Mark Bradley stated this came through with a Hillside Development Permit. The only thing staff pointed out is the parking which is underground. There is one space that will be eliminated to work out the turn around. In addition they have added some guest parking.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of Bella Terrazza at Sunbrook with 11 buildings and a total of 110 units (10 units per building) located off Sunbrook Drive. Sunhill Homes, applicant, and that the change in the parking be reduced by two. Commissioner Burks seconded the motion. All voted aye.




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E. Tonaquint Terrace at Southgate with 169 single-family residential lots located off of Tonaquint Drive, west of the Upper Sir Monte Drive and Tonaquint Drive intersection. Ed Burgess/Quality Development, applicant. Case No. 2004-PP-025

Mark Bradley state that on August 19, 2004 the City Council considered a hillside development permit for this site. There is a proposed combination of concrete and stacked rock retaining walls throughout the development. One thing he does want to point out on the revised addendum there is a difference with the number of single-family homes from what was on the original agenda, from 171 down to 169 due to the alignment of one of the roads.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat for Tonaquint Terrace at Southgate with 169 single-family residential lots located off of Tonaquint Drive, west of the Upper Sir Monte Drive and Tonaquint Drive intersection. Ed Burgess/Quality Development, applicant. Commissioner Clayton seconded the motion. All voted aye.


MINOR SUBDIVISION

Consider a request for a minor subdivision with 5 commercial lots located at Bluff Street/SR-18 and Sunset Drive (Sunset Corner Commercial Development) Gilbert Jennings, applicant. Case No. 2004-MS-001

Bob Nicholson stated this is a minor subdivision under the State Code there is a provision that says you have 9 or fewer lots on an existing dedicated street you can sell lots on metes and bounds basis without actually having to record the plat. That is what this is, there are 5 lots. They have a cross access and cross parking agreement among themselves. They will have to dedicate public utilities and drainage easements as part of this process. The plat is basically in order and staff recommends approval.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a minor subdivision with 5 commercial lots located at Bluff Street/SR-18 and Sunset Drive (Sunset Corner Commercial Development) Gilbert Jennings, applicant. Commissioner Burks seconded the motion. All voted aye.


ZONE CHANGES

Consider the following zone change requests:

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A. R-1-10 (Single Family Residential) with minimum lot sizes of 10,000 sq. ft. to PD (Planned Development) Commercial on 3.62 acres located at approximately 1400 West and Snow Canyon Parkway. Rick Rosenberg, agent for Snow Canyon Holdings, LLC. Case No. 2004-ZC-029

Bob Nicholson said this is a zone change request for 3.62 acres on 1400 West and Snow Canyon Parkway. This came before the Planning Commission about 3 years ago. The uses proposed are neighborhood commercial uses. They do allow for a convenience store but no gas station. Signage would be a monument sign only. The traffic would only allow for right in and right out onto Snow Canyon Parkway. The General Plan encourages neighborhood commercial centers throughout the City that could provide basic services to neighborhoods that eliminate the need for cross town traffic. Because this is a planned commercial zone, whatever is approved would have to come back through the Planning Commission with the approved merchants. The plan is for a single story plaza.

Commissioner Burks asked if there will be a monument sign for each business. Bob said there will only be one monument sign. Commissioner Burks asked if the Planning Commission would be able to limit some of the uses. Deputy City Attorney Ron Read said yes.

Rick Rosenberg said there was a neighborhood meeting on August 3rd. The plan is modeled after what they have seen in Las Vegas. The architectural is an upscale building. The rear is just landscaping and room for the emergency vehicles. The service is all front service.

Commissioner Campbell said tell us about the materials on the back of the building. Greg Griffin, representing the owner, stated it is their plan on the back to do a high grade stucco finish. The architect will add some architectural pop outs to mirror the front. They will be painted different colors. Some of the other details, on the pitched roof they matched it to the neighborhood. There will not be any direct light bulbs on this project. Commissioner Campbell said what kind of lighting on the back of the building. Rick Rosenberg said the overall lighting plan is to minimize to the night sky. The lights will have the shields on top.

Commissioner Campbell asked if they would consider putting some stone on the back side of the building on some of the major features. They are showing some arch features in the back of the building would they consider doing some rock on those arches. The architect replied they could do that.

Rick Rosenberg said there was a traffic study done on this site. The City Engineers have reviewed this.

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Barbara Faust a resident stated this development will be over the back fence of her home. She is opposed to having a shopping area in this vicinity. Children ride their bikes and skateboards over to the park. She feels there are enough open spaces on Sunset for these types of businesses.

Chantel Markel a resident from Sedona Hills stated she is opposed to this development. The beauty in the area needs to be saved. Snow Canyon Parkway should maintain its beauty.

Chairman Almquist said a lot of people are using 1400 West that are on Sunset. Granted it would be nice if it was in another neighborhood. The idea of the General Plan is to try to introduce this back into the neighborhood but to also limit their uses.

Commissioner Clayton said there is a parcel of land down the street which is zoned commercial. There is also 5 acres on Bluff and Snow Canyon. There are commercial sites on Snow Canyon.

Gary Drake lives in Paradise Canyon. He is concerned about the uses. The residents of Paradise Canyon have a concern about fast food places and having to deal with the smell of the fast food.

Bob Nicholson said it might be helpful to add a clarification to the fast food drive-in. This has been on the City General Plan for a number of years. He believes that this will add to the neighborhood.

Commissioner Taylor asked how strongly are you committed to a drive-in. Could this be taken off the list of uses? Greg Griffin replied that this would be economically very damaging to them. Like he said their goal is to have a bank however if they dont get the bank they want to have the option of going with a fast-food place.

Rick Rosenberg said suggested they could limit the fast food to the unit on the corner instead of inside the shopping center.

Commissioner Clayton called for a question.










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MOTION: Commissioner made a motion to recommend to City Council approval of a zone change on R-1-10 (Single Family Residential) with minimum lot sizes of 10,000 sq. ft. to PD (Planned Development) Commercial on 3.62 acres located at approximately 1400 West and Snow Canyon Parkway. Rick Rosenberg, agent for Snow Canyon Holdings, LLC., subject tp 1) the back side considered some rock relief for visual improvement, 2) rear lighting be downward lighting so the lighting does not throw itself on neighboring properties, 3) careful consideration to trash dumpster and 4) this is a strong recommendation that prior to City Council you give serious re-consideration to food that would permeant the air. If there is a fast food business there should be no exterior PA system. Commissioner Campbell seconded the motion.

Commissioner Taylor voted nay
Commissioner Campbell, Chairman Almquist, Commissioner Clayton and Commissioner Burks voted aye. The vote is 4 to 1. It passes.


B. R-1-10 (Single Family Residential) with minimum lot sizes of 10,000 sq. ft. to PD (Planned Development) Residential on 4.58 acres located at 1157 South Plantations Drive. Jeff Chapman, agent for Trendwest Resort. Case No. 2004-AC-030

Mark Bradley presented the site plan. This request is to amend the Green Valley PD to include an additional 4.58 acres to the overall PD. The addition would be a phase 2 to the existing Trendwest Resort. The request includes 3 buildings, each three story with a total of 69 units. The height of the building does exceed the 35 ft. from where it is measured from the mid point between the peak and eaves. The height will be 36 ft. 6 inches and the peak is up to 39 ft.

Staff recommends the following:

1. The proposed density is not consistent with the general plan. The request is a commercial type of use whereas the site would be developed and regulated as a vacation rental.
2. The height of the buildings exceeds the 35 ft. unless approved as part of the PD (Planned Development) zone change.
3. The half width of Plantations Drive would be improved. The existing access road from Plantations Drive to the existing Trendwest Resort units would require a design change due to site distance regulations.

Rick Rosenberg stated they have graded this site down and planned on this being a continuation of the resort type use of Trendwest. To do an R-1-10 project on this parcel would be impossible. There wouldnt even be enough depth to get a road off from it. Buildings will be the exact same which is already there.
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MOTION: Commissioner Burks made a motion to recommend to City Council approval of a zone change from R-1-10 (Single Family Residential) with minimum lot sizes of 10,000 sq. ft. to PD (Planned Development) Residential on 4.58 acres located at 1157 South Plantations Drive. Jeff Chapman, agent for Trendwest Resort. Commissioner Clayton seconded the motion. All voted aye.

CONDITIONAL USE PERMITS

B. To construct a one hundred foot (100') communications cellular tower at Webb Hill in the OS (Open Space) zone for the St. George Police Department. City of St. George, applicant. Case No. 2004-CUP-035

Ray Snyder presented the item showing a photo of Webb Hill, explaining the height request. Mr. Snyder referenced an aerial photo showing the proposed site plan. The applicant has submitted height elevations and floor plans. This is in a remote location and people will not see the aesthetics of this building. Staff recommends approval.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a conditional use permit to construct a one hundred foot (100') communications cellular tower at Webb Hill in the OS (Open Space) zone for the St. George Police Department. City of St. George, applicant. Commissioner Clayton seconded the motion. All voted aye.


AMENDMENTS TO ROAD MASTER PLAN

Consider a request to amend the City General Plan - Road Master Plan. There are proposed minor modifications throughout the community with significant changes to the South Block and The Ledges area. City of St. George, initiated. Case No. 2004-RMP-002

Jay Sandberg stated that every two to three years they update the road master plan. The request includes minor modifications throughout the community with significant changes to the South Block and The Ledges areas.

Chairman Almquist questioned the roads that are planned for the City that goes through the hillside at 40% slopes. He doesnt understand why they dont have to go through the Hillside Review process.




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Jay said the Hillside Review Board issue is a tough one. He believes that they need to be very careful and prove that the road is necessary. There are some roads that go into some sensitive areas. The other thing he wants to address is the South Block area. There has already been a master plan approved for this area.

Jay asked the board to take time to review this road master plan.

Jeff Morby stated the roadway they submitted in the master plan as part of the general plan was approved. Really nothing has change to cause this dramatic change. They want to be in this process so they can have some input.

AMENDMENTS TO THE CITY CODE, ZONING REGULATIONS

Consider a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 13A Hillside Development Overlay Zone, Section 10-13A-4 Density and Disturbance Standards, to revise densities within the overlay zone. City of St. George, initiated. Case No. 2004-ZR-012

Bob said this item will be tabled for this meeting. He hopes to get the Planning Commission, City Council and the Hillside Review Board into one meeting.

CONDITIONAL USE PERMIT

A. To construct a detached accessory garage that would exceed the allowable height of fifteen (15') up to sixteen feet six inches (16'-6") high located within a RE-12.5 (Residential Estate) zone at the Knolls at Little Valley Subdivision, Lot #57 at 2127 East Circle Ridge Drive. Mr. and Mrs. Porter, applicant. Case No. 2004-CUP-035

Ray Snyder presented this request to construct a residential garage. The size would be 26'-0" x 43'-0". The floor plan includes a bathroom. This proposal has been reviewed and approved by the Knolls at Little Valley Architectural Review Committee. Staff recommends approval.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a conditional use permit to construct a detached accessory garage that would exceed the allowable height of fifteen (15') up to sixteen feet six inches (16'-6") high located within a RE-12.5 (Residential Estate) zone at the Knolls at Little Valley Subdivision, Lot #57 at 2127 East Circle Ridge Drive. Mr. and Mrs. Porter, applicant. Commissioner Clayton seconded the motion. All voted aye.


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Commissioner Campbell stepped down for the next item due to the fact he is the agent on this project.

SITE PLAN AND BUILDING ELEVATION

Consider a request for a site plan and building elevation approval for a proposed office building to be located within the Tonaquint Hills Phase 1, Lot 3, a PD (Planned Development) Commercial Subdivision located off of Dixie Drive at approximately 1500 South. Kim Campbell, agent. Case No. 2004-SPBE-004

Ray Snyder presented a site plan and building elevation review for a proposed office building. The applicant proposes to construct a 12,000 sq. ft. single story office building. The building will have a concrete tile roof, and the exterior siding will have a brick veneer or decorative rock wainscot. The building ridge height is approximately 18 ft. to 20 ft. A formal landscaping plan has not been submitted to date. Staff recommends approval with standard construction conditions of approval.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a site plan and building elevation approval for a proposed office building to be located within the Tonaquint Hills Phase 1, Lot 3, a PD (Planned Development) Commercial Subdivision located off of Dixie Drive at approximately 1500 South. Kim Campbell, agent. Commissioner Burks seconded the motion. All voted aye.


Commissioner Campbell returned to his seat on the Planning Commission board.

DETERMINED USES

A. Determine whether an existing non-profit childcare center which was previously approved by the Planning Commission to expand its operation to include a crisis/respite nursery and 24-hour crisis hotline may now conduct such an expansion in a separate building on the same site due to State requirements. Brian Christiansen/Childrens Discovery Learning Center, applicant. Case No. 2004-DU-005

Ray Snyder stated that on June 8, 2004 the Planning Commission determined that a crisis/respite center was similar in nature to the previously approved site use and was judged to be in harmony with the intent and purpose of the zone. Staff has learned that the State of Utah Department of Human Services requires a separate facility to house the crisis/respite use. The site has ample parking available and would support the request of a crisis/respite nursery and its related parking.

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The Planning Commission is to determine whether or not a separate building may be placed on the site and if it will be similar to and in harmony with the previously approved daycare center.

Brian Christensen the applicant stated the back of the building is a flat facade. What they have looked to do is to just have the modular building match the flat exterior with the same height elevation. Commissioner Campbell asked if this would be on wheels or permanent foundation? Brian replied it would be a pier foundation with skirting.

Commissioner Campbell asked staff if the City ordinance allows modular buildings. Bob Nicholson said as long as it meets the building code.

Brian said the State has given them 90 to 120 days to either get an additional building on that site or find another location.

MOTION: Commissioner Taylor made a motion to recommend approval of this determined use for an existing non-profit childcare center which was previously approved by the Planning Commission to expand its operation to include a crisis/respite nursery and 24-hour crisis hotline may now conduct such an expansion in a separate building on the same site due to State requirements. Brian Christiansen/Childrens Discovery Learning Center, applicant. Commissioner Clayton seconded the motion. All voted aye.


B. Determine whether a WorkMed clinic in a M-2 (Manufacturing) Zone located at the Millcreek Industrial Park would be in harmony with the intent and purpose of the zone. Bonnie McLeod, RN agent for Dixie Regional Medical Center. Case No. 2004-DU-006

Bob Nicholson presented this determined use. Dixie Regional Medical Center has leased a building at 385 No. 3050 East in Millcreek Industrial Park and is using most of the building for storage, but would like to use a portion of the building (approximately 3,500 sq. ft.) for a Work Med clinic which provide industrial injury care, pre-employment physicals, drug-testing, and physical therapy for job-related injuries. The Planning Commission has the authority under the zoning code to consider other uses similar to the listed uses and judge whether such other use is in harmony with the intent and purpose of the zone. This request will also be considered by the City Council, because under the protective covenants for Millcreek Industrial Park, the City Council serves at the Special Review Board, which considers proposed uses for the industrial park that is not already considered permitted uses.

Staff believes a small medical clinic would be an asset to the industrial area and recommends approval.

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MOTION: Commissioner Burks made a motion to recommend to City Council approval for a determine use for a WorkMed clinic in a M-2 (Manufacturing) Zone located at the Millcreek Industrial Park would be in harmony with the intent and purpose of the zone. Bonnie McLeod, RN agent for Dixie Regional Medical Center. Commissioner Clayton seconded the motion. All voted aye.


HILLSIDE DEVELOPMENT PERMITS

A. Consider a request for a hillside development permit for a proposed single-family residential development located at the north east corner of 2000 South and 2580 East intersection. Bryce Rowley, representative. Case No. 2004-HS-019

Mark Bradley presented this hillside permit for a proposed single-family residential development (Serenity Hills). This site is considered to be at the southeasterly portion of the Schmutz Hill.

The Hillside Review Board recommends approval of the plans as presented with the following stipulations: 1) geogrid fencing be placed at the catch point of the 1:1 cut slope as not to disturb the upper hillside during excavation, 2) during the excavation process consult with geotechnical engineer for stability of cuts, and 3) acknowledgment of an access issue between the adjacent properties accepting necessary cuts to be made for a 12 ft. access easement through either proposed lot #97 or 98.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a request for a hillside development permit for a proposed single-family residential development located at the north east corner of 2000 South and 2580 East intersection. Bryce Rowley, representative, subject to hillside recommendations. Commissioner Campbell seconded the motion. All voted aye.


B. Consider a request for a hillside development permit for Tuscan Hills Phase 1 and 2, located west of Dixie Drive at the vicinity of 1700 So. Dixie Drive. Guy Haskell/Haskell Homes, applicant. Case No. 2004-HS-021

Mark Bradley said on July 1, 2004, the City Council approved a hillside development permit of a conceptual plan for what is being called Tuscan Hills on 108 acres subject to the Hillside Review Board reviewing detailed grading and landscaping plans as the project progresses for each phase. The applicant has revised the areas as discussed at the site on May 19, 2004. The Hillside Review Board recommends approval of the plans as presented.

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Commissioner Taylor asked about the drainage. Rob Reid representing the Haskell Homes stated there will be storm drain system. There will not be a storm drain system around each house. they will be away from the roads.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a hillside development permit for Tuscan Hills Phase 1 and 2, located west of Dixie Drive at the vicinity of 1700 So. Dixie Drive. Guy Haskell/Haskell Homes, applicant. Case No. 2004-HS-021 Commissioner Clayton seconded the motion. All voted aye. Knowing that if they come in with that change it will come back.


LOT FRONTAGE UPON A PRIVATE STREET

Consider a request to build a home with the lot frontage upon a private street located off of 2450 South and 2410 East (Tax Parcel #SG-5-3-4-2235). Jon Von Euw, applicant. Case No. 2004-LF-001

Mark Bradley said they have had two residents off the same private street that has come before the Planning Commission to get approval to build a home off a private street. Since they have built the 25 ft. asphalt has been put on the road.

This is an A-1 zone. The applicant has .85 acre. This lot did consist of one acre but in order for that private lane to go up there, they lost some of that area, so staff looks at the parcel as a legal non-conforming lot and recommends approval.

MOTION: Commissioner made a motion to recommend to approve of a request to build a home with the lot frontage upon a private street located off of 2450 South and 2410 East (Tax Parcel #SG-5-3-4-2235). Jon Von Euw, applicant. Commissioner Burks seconded the motion. All voted aye.


Commissioner Campbell adjourned the meeting at 8:45 p.m.