Planning Commission Minutes

Tuesday, June 28,2005



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
June 28, 2005 - 5:00 p.m.


PRESENT: Chairman Gil Almquist
Commissioner Myrna Stout
Commissioner Ross Taylor
Commissioner Kim Campbell
Commissioner Vince Clayton
Commissioner Ron Bracken
Deputy City Attorney Ron Read
Community Develop. Director Bob Nicholson
Planner Mark Bradley
Planner Ray Snyder
City Engineer Cathy Hasfurther
Deputy City Recorder Linda Brooks

EXCUSED: Council Member Suzanne Allen
Commissioner Chapin Burks


CALL TO ORDER

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

FINAL PLATS

A. Consider approval of a final plat for Ted Warthen Subdivision with 3 lots located at the northeast corner of Tuweap Drive and 2000 North intersection. Mr. Marc Brown, representative. Case No. 2005-FP-035

B. Consider approval of a final plat for Painted Desert Estates Phase 6 with 12 single-family detached patio homes located south of 2450 South and approximately 1400 East. Ence Brothers Construction, applicant. Case No. 2005-FP-006

C. Consider approval of a final plat for Escalera Phase 1 with 31 single-family residential lots located at Middleton Drive and 1950 East. Mr. Milo McCowan, representative. Case No. 2005-FP-037

D. Consider approval of a final plat for Ventana Professional Park Phase 3 with 9 commercial building pads located at 280 North and 1680 East. Mr. Larry Belliston, applicant. Case No. 2005-FP-038
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E. Consider approval of a final plat for Bloomington Courtyard Commercial Center Phase 6 with one commercial building pad locate at 2710 South Circle and Pioneer Street. Mr. Hal Magleby, applicant. Case No. 2005-FP-039

F. Consider approval of a final plat for Escalera Phase 2 with 37 single-family residential lots located at 1900 East and 1060 North. Mr. Milo McCowan, representative. Case No. 2005-FP-040

G. Consider approval of a final plat for Trailside with 8 commercial office units located on Riverside Drive at approximately 1100 East. Mr. Richard Kimball, applicant. Case No. 2005-FP-042

Mark Bradley presented the final plats. He informed the Planning Commission that these could be taken together as one motion.

Commissioner Stout asked about 1C and 1F how do they connect. Mark showed her the connectivity of the roads on the plats.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of final plats 1A and 1C through E and authorize Chairman to sign. Commissioner Clayton seconded the motion. All voted aye.


Commissioner Clayton stepped down due to conflict of interest on item 1B (Painted Desert Estates Phase 6).

MOTION: Commissioner Stout made a motion to recommend to City Council approval of final plat 1B and authorize Chairman to sign. Commissioner Bracken seconded the motion. All voted aye.


Commissioner Clayton returned to his seat.

PUBLIC HEARING - AMEND & EXTEND FINAL PLAT

Consider a request to amend and extend the final plat for Bloomington Ranches Phase 2 by extending Lot 27 east of the existing phase boundary and divide Lot 27 into two lots located at 3181 So. Nashua Road. Mr. Richard Ringwood, applicant. Case No. 2005-FP-032


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Mark Bradley stated that this item was tabled at the last Planning Commission meeting at the request of staff to review the potential extension and the impact it may have with the right-of-way on Pioneer Road. After further review, staff has identified that the extension of Lot 27 does not impose any more difficulties than that of the existing northeast corner of Lot 26.

There were two voices of opposition at the June 14, 2005 Planning Commission meeting. The opposition expressed was based on the lot sizes for the Bloomington Ranches along with concern that the knoll would be removed. The property owner would have the right to excavate the knoll. The public hearing consideration is to determine whether or not the proposed lot should be divided into two lots.

Commissioner Stout asked what is the square footage for each lot once it is divided. Commissioner Taylor said he did that calculation, lot 27B would be 41,990 sq. ft. and lot 27A would be 46,060 sq. ft. It is consistent with the overall square footage.

There was discussion on who owns the knoll.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request to amend and extend the final plat for Bloomington Ranches Phase 2 by extending Lot 27 east of the existing phase boundary and divide Lot 27 into two lots located at 3181 So. Nashua Road. Mr. Richard Ringwood, applicant. Commissioner Campbell seconded the motion. All voted aye.


PUBLIC HEARING - ZONE CHANGES

A. Consider a zone change request from A-1 (Agricultural) to R-1-12 (Single-Family Residential) on 6.35 acres located at approximately 1200 South and 3000 East. Mr. Larry McEntire, applicant. Case No. 2005-ZC-008

Mark Bradley stated this is before you once again to obtain an R-1-12 zoning with minimum lot sizes of 12,000 sq. ft. This was tabled on March 8, 2005 at the applicants representative request in order to work out details on the road master plan prior to continuing with the zone change request process. The acreage has been dropped down from 7.91 acres to 6.35 acres.

Mark said the request is consistent with the general plan and with the re-zoning of the area. The applicant wants to move forward with a zone change on a portion of his property.

Commissioner Stout said if they moved forward with this and they leave that portion A-1 to the south are they not creating a spot zone which would cause a problem in the future. Mark said PLANNING COMMISSION
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it could but there has been created a connectivity between the properties. Theyre actually getting some good East, West, North, and South road connectivity between 3000 East and 2780. In essence they are not creating a spot zone

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a zone change request from A-1 (Agricultural) to R-1-12 (Single-Family Residential) on 6.35 acres located at approximately 1200 South and 3000 East. Mr. Larry McEntire, applicant. Commissioner Bracken seconded the motion. All voted aye.


B. Consider a request to amend the Sienna Park Condominium portion of the Stonebridge Planned Development Residential zone located at 271 North Country Lane, west of Dixie Drive to revise the site plan and building elevations. The number of units would remain the same. Mr. Richard Staples, applicant. Case No. 2005-ZCA-019

Mark said this request is to amend the existing Stonebridge PD Planned Development zone to revise the site plan and building elevations previously approved for the Sienna Park Condominiums at Stonebridge. Mark presented a slide presentation of the original site plan back in 1998 and the proposed change for 2004.

Mark said one of the reasons for the proposed change expressed to the City staff is the design of the existing buildings and the associated parking. The design of the phase 1 covered parking garages does not function very well and the applicant wishes to improve the overall internal circulation. In addition, the applicants feel the proposed plans are a better product with the market, which is similar to the Blackrock Condominium units there at Stonebridge.

The number of units would remain the same at Sienna Park at 70 dwellings units. Surrounded by golf course on the north, west, and south. Across the street to the east is the Cypress Point Condominiums at Stonebridge.

Mark said that staff comments are as follows:

1. Over a year ago the applicant made a similar request to revise the site plan layout and building elevations. The request was tabled on April 13, 2004 and recommended denial to the City Council with a 4-1 vote on April 27, 2004. As the Commission may recall, one of the main issues was the number of stories. The request did not go before the City Council.
2. The original/existing approved building height is for two stories. The proposed building elevations and site plan shows a combination of two and three story units. The layout is very similar to the 2004 proposal with adjustments to the number of units within the building cluster and the location of some of the three story units.
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3. There is a question regarding the building setbacks from property line. Setbacks for multiple stories have changed since the preliminary plat approval in 1998.

Rick Rosenberg from Rosenberg Associates represents the applicant passed out color renderings. He indicated this project has been a challenge. He spoke of the photo simulations that were posted on the wall for the Planning Commissioners review. They are trying to minimize any reaction to the local residents. They feel they have been able to do that. Rick said the Blackrock Condominium project has been very successful.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a request to amend the Sienna Park Condominium portion of the Stonebridge Planned Development Residential zone located at 271 North Country Lane, west of Dixie Drive to revise the site plan and building elevations. The number of units would remain the same. Mr. Richard Staples, applicant. Commissioner Clayton seconded the motion.

Deputy City Attorney Ron Read said could they make it subject to having the agreement be in place for the setback issue. Commissioner Stout and Commissioner Clayton accepted the additional language to the motion. All voted aye.


PUBLIC HEARING - AMENDMENT TO ZONING REGULATIONS

Consider a request to amend Title 10, Chapter 2 Definitions, Section 10-2-1; Title 10, Chapter 7 Residential Estate Zones, Section 10-7A-2 Permitted Uses; Title 10, Chapter 7 Single Family Residential Zones, Section 10-7B-2 Permitted Uses; Title 10, Chapter 7 Residential Central City Zone, Section 10-7F-2 Permitted Uses, Title 10, Chapter 5 Agricultural Zones, Section 10-5-2 Permitted Uses of the St. George City Code addressing guest houses (casitas) as a permitted use subject to specified standards. City of St. George, initiated. Case No. 2005-ZRA-005

Ray Snyder said this item has come up to staff many times at the counter where residents are asking if they can build a casita or guest home on their lot. They are allowed in PD Residential areas but not single-family residential zones. This is before you tonight to have this changed to allow other residents to obtain these additional living quarters.

Ray stated the Guest House definition would be, A guest house shall mean a living quarters located within an accessory building that is ancillary, subordinate to, and located on the same premises with a primary dwelling, occupied solely by members of the family and temporary guests. A guest house may also be referred to as a casita.

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Ray went over the criteria staff is recommending for a guest house or casita.

Chairman Almquist suggested they add inside dimensions to the floor area of the guest house. Ray made a note of that suggestion.

Ray presented slides on existing casitas and guest homes in the St. George area.

Commissioner Clayton said he wished that they would say in their definition that the guest house should be a detached structure that is not part of the primary resident with no roof connection. The primary definition needs to say detached. Staff said they do not have a problem with adding that word detached to the definition.

Commissioner Clayton said the guest house should not be leased or rented is what you state in your criteria. The reality is it could be rented and be in violation.

Commissioner Taylor said he can see the value of this in residential areas where there are resources. But this open up areas in other parts of the City such as converting the garage or work shop into a casita. He could see these being rented. Renting facilities can become invisible. He would like to think about this for awhile.

Chairman Almquist said the criteria could state that no casita could be created out of an existing structure that was necessary for that buildings initial approval. So if it was a garage it would have to stay a garage.

Commissioner Campbell asked if they are requesting to have an extra parking space for these living quarters. Ray said that has been something that was suggested and could be added.

Commissioner Taylor feels this will provide a misuse in some parts of the community. Ray said on criteria K which relates with the setbacks they could take out part of the sentence unless the requirements of section 10-7B-6B are satisfied. This gives more ability to be restrictive.

Commissioner Stout said do they have a definition for a shed roof. Ray said they do not.

Bob Nicholson said some of these PD projects have casitas listed as part of their PD text. Commissioner Stout said on Item C should you change that to read as part of the PD text and not the CC&Rs. She would like to see CC&Rs strike from the sentence.

Chairman Almquist said he could see someone coming in and say no that is not a garage that is a castias. Ray said they are asking to see the plans first.
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Bob Nicholson said maybe the square footage needs to be changed from 800 sq. ft. to a lower square footage. Bob said they could limit it to 400 sq. ft. Commissioner Stout said maybe they should put in that anything over 400 sq. ft. would be required to be approved by Planning Commission.

Ray said sometimes they have a request for a pool house. Commissioner Clayton said there is no reason why this would not qualify. They would have to go with the 400 sq. ft.

Commissioner Taylor said he still feels this needs to be written so that new construction only will be considered instead of converting old existing buildings into a casitas. He would like this item to come back into two weeks.

Deputy City Attorney Ron Read said lets put the definition of family into the criteria. Make it clear from Section J to have the building in the rear area. Commissioner Stout said couldnt they add they can be built to the sides or front as long as the setbacks are met.

Deputy City Attorney Ron said Section M talks about the separation from the main dwelling - do you want separation from other accessory buildings. They could work on that and come back with new language. Ron said do you want to lower the square footage from 200 sq. ft. to a 10 x 10 would that be a problem.

Bob suggested that they can change the wording, that it should not exceed 400 sq. ft.

MOTION: Commissioner Taylor made a motion to table this item for two weeks and to be reheard at the next Planning Commission meeting on July 12th. Commissioner Clayton seconded the motion. All voted aye.


CONDITIONAL USE PERMIT

Consider a conditional use permit request to construct a detached accessory garage that would exceed the allowable height of fifteen feet up to approximately nineteen feet three inches (19'-3") high. The property is located at 1791 West Phoenix Drive. Mr. Matthew Larsen, applicant. Case No. 2005-CUP-022

Ray Snyder stated this request is for height of a garage. The height of the garage would exceed the allowable building height of fifteen feet (15'). According to the applicant the proposed building would be a single story. Staff received one phone call in opposition to this request. The caller expressed concern about what the slope of the driveway will be. According to the submitted site plan approximately the first thirty feet (30') of the driveway is shown as having a 22% slope at which point a grade break then occurs and the driveway is then at a 10% slope.

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Ray said the City of St. George Standard Specification for Design and Construction limits the maximum slope of a driveway to 15% for the first ten feet (10') beyond the sidewalk or right-of-way, whichever applies.

Ray stated that staff recommends approval of the garage height and location, if the driveway issues are mitigated to the satisfaction of the Engineering Department.

Ray said they have revised their site plan today. The applicant has changed the slope of the driveway and shows a retaining wall to the back of the driveway.

Commissioner Campbell asked what is the code minimum to the setbacks. Ray said they can go to property line.

Deputy City Attorney Ron Read said he has a problem with the location of the garage. The rear yard is the rear. Half of this garage is in the side yard. This is an issue that needs to be looked at.

The Planning Commissioners stated they were to make a recommendation on the height aspect not the location of the garage. The location of the garage will have to be handled by staff.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a conditional use permit request to construct a detached accessory garage that would exceed the allowable height of fifteen feet up to approximately nineteen feet three inches (19'-3") high. The property is located at 1791 West Phoenix Drive. Mr. Matthew Larsen, applicant. Commissioner Bracken seconded the motion. All voted aye.


PRELIMINARY PLATS

A. Consider a preliminary plat request for Sunrise Springs at Entrada with 22 single-family residential lots and 23 single-family detached patio homes located on the west side of the Entrada Planned Development off of Chaco Trail. Mr. Richard Allen, representative. Case No. 2005-PP-028

Mark Bradley said this proposed development is located on the westerly side of the Entrada Development, west of a portion of the golf course in the lava fields. The proposed layout includes estate lots on the east side of the private street and patio home pads on the west side of the private street. The estate lots call out a building envelope in efforts to preserve the surrounding lava rocks and the patio home sites are identified as a mass grade within the lava field.

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Mark said staff comments are:

1. The current existing approved Entrada Planned Development Master Plan identifies that 92 acres of the lava fields are to remain as open space (a natural aesthetic feature of the development). Another 91 acres are identified for development within the lava fields. Staff has asked the applicant to provide a map showing the acreage of the lava fields and how they plan to meet the land use designation of open space within their approved planned development.
2. Other areas of consideration include the discussion of the master planned road, a 50 ft. right-of-way shown along the westerly boundary of the Entrada project. A discussion of when the road is to be dedicated and improved should take place. Especially with the uncertainty of how many more phases will occur in the lava fields area.

Jay Sandberg said there has been a need for a number of years for a north/south connection between 2000 North. It has never been popular with Entrada but they showed it on their plans.

Richard Allen representative from Split Rock, Inc. said over the last year they have been working with Santa Clara and Ivins to get this area built. Richard showed a road that will eventually be connected and reach the freeway. He spoke on the roads and indicated that Ivins was not interested in having that particular major road going through. Ivins has different plans for the roads.

Jay Sandberg said since the last time they met with Santa Clara and Ivins City officials they were quite adamant that there be a north/south connection. There are three communities involved. It would be a good project for the Regional EPOA to decide how they can get the traffic to go back and forth.

Brett Henke from Viewpoint Engineering said the overall total area in that Lava Fields is about 200 acres. Out of that 200 acres there is 92 acres that meet the Open Space requirements. The easement in the corner that Entrada which has already been given is 16 acres outside of that park area.

Mark Bradley said is the Planning Commission is comfortable with that open space as long as it is stated on the plat as a no disturbed area. Mark said it could become a common area for Entrada.

Brett said they want to use the word open space which is different from undisturbed. In the event if they want to put a trail through there and it was classified as undisturbed then they would not be able to do that. There will not be any buildings on it. The developer wants to keep that area within the lots. There are areas within the project that do have the open space area included with their lot but there is a deed restriction put on those lots.
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Commissioner Clayton said how can you have a deeded property and require that to remain open space. Deputy City Attorney Ron Read said they would have to go back to the original agreement to see what was said.

Kent Byland with Split Rock said within each of those custom lots there is a building envelope they are restricted to build within that envelope. They have to submit all their building plans.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a preliminary plat request for Sunrise Springs at Entrada with 22 single-family residential lots and 23 single-family detached patio homes located on the west side of the Entrada Planned Development off of Chaco Trail. Mr. Richard Allen, representative. Commissioner Taylor seconded the motion. All voted aye.


3. Consider a preliminary plat request for Franklins Place with 38 single-family residential lots located at the southwest corner of the intersection of 2450 South Street and Little Valley Drive. Quality Development, applicant. Case No. 2005-PP-033

Mark said this one is really straightforward. This was recently rezoned from Agricultural to Residential Estate on May 19, 2005. It is now zoned RE-12.5. There are a couple of cul-de-sacs due to the irrigation canal on the south and a limited access road on the north (2450 So.). Lots will front Little Valley Drive. The lots are large enough for a turnaround so they dont have to back onto Little Valley Road. There will be access from the south cul-de-sac to be able to get to the equestrian trail. The developer will have the responsibility to finish 2450 South.

Jay Sandberg City Engineer said on that strip of ground it may have already been quick claim. They just need to verify that it has been done. Another concern they have is the canal. The drainage master plan requires that canal to be piped. It is a big pipe about a 6-7 ft. diameter. On a planning issue this would be considered a safety issue.

Jim Raines with Bush and Gudgell said the comment they have that it not be required to have that strip. They are committed to do it but they dont want to be put into the position to have that completed. He believes that it will resolve itself.

Deputy City Attorney Ron Read said if it cant be resolved before the final plat stage can they do a development agreement to that. Jim said they could.





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MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a preliminary plat request for Franklins Place with 38 single-family residential lots located at the southwest corner of the intersection of 2450 South Street and Little Valley Drive. Quality Development, applicant, with staff recommendations with one exception that the developer will supply a development agreement with the no mans land. Commissioner Bracken seconded the motion. All voted aye.


4. Consider a preliminary plat request for Foremaster Ridge Phases 4-8 with 50 single-family residential lots located off the extension of Crest Line Drive between the East Ridge Subdivision and the Foremaster Ridge Subdivision at approximately 150 South. Mr. Doug Rogers, applicant. Case No. 2005-PP-034

Mark Bradley said this preliminary plat is before you tonight in order for the applicant to create five subdivision phases with a total of 50 single-family residential lots. The lot sizes range from 14,000 sq. ft. to 32,035 sq. ft. (note: the rim lots include the 30 ft. setback from an abrupt edge as part of the overall sq. ft.). On this site it was discussed whether or not if this 60 ft. master-planned road would be a significant change. The Planning Commission decided that it was not a significant change. Staff obtained more information before they met with City Council which was presented to City Council. City Council determined that it was a significant change.

Mark said the elimination of the 60 ft. master planned road request will be considered by the City Council in a public hearing on July 7, 2005.

Mark stated the areas of consideration staff has:

1. Connectivity and circulation. There are two street stubs from both subdivisions. East Ridge Drive and Crest Line Drive from the East Ridge Subdivision and Five Sisters Drive and 540 South from the Foremaster Ridge Subdivision.

Mark said under the Citys General Plan Street Patterns it states - The City will avoid cul-de-sacs unless required by physical constraints of the land (steep slopes). Rather, local streets will generally be arranged in a modified grid to provide multiple routes through a neighborhood, and through the City, thereby diffusing traffic.

2. Water Line. Staff has researched that there were plans to loop the water line from the East Ridge Drive extension based on the allowance of an 8-inch water line in Crest Line Drive instead of a 10-inch line.

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3. Thirty foot (30' ft) Setback from Abrupt Edge. The applicant/developer would like to build up a staked rock wall on top of the abrupt edge (lava rock) similar to what was approved with Foremaster Phase 3. The Commission should determine whether or not the same application (lot preparation) should be applied to the natural ridge line for the rim lots on the west side of the ridge.

Commissioner Stout said at the last meeting there was a discussion on the reduction on the number of density units that are up there.

Jay Sandberg said the City Council did not agree or disagree with the change in the road master plan. They just felt there should be a chance for the residents in Westridge to speak on this issue.

Todd Edwards with Bush and Gudgell said they have talked to the water department and if there is a need for them to put in that water line they would be able to do so. Todd said as he pointed out in the last meeting having cul-de-sacs will reduce the number of density. He feels this is a good plan.

Doug Rogers spoke about the old plan. That plan was stamped received not approved. When he bought the property it was zoned PD they wanted to go back to an R-1-8. They were asked by the City to give them an exhibit of what an R-1-8 plan would look like. One of the things they talked about is a 60 ft. road.

Jay Sandberg said then why did the City change the road master plan. Doug said the road master plan has already shown a 60 ft. road. They just want to move that master road plan and make it work for everyone. Jay said there was a plat that showed that road moved over and that is why they did that move in the road master plan.

Chairman Almquist said what Doug is saying is that he talked with his engineering company and came up with a plan showing how an R-1-8 zone would be planned.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a preliminary plat request for Foremaster Ridge Phases 4-8 with 50 single-family residential lots located off the extension of Crest Line Drive between the East Ridge Subdivision and the Foremaster Ridge Subdivision at approximately 150 South. Mr. Doug Rogers, applicant. Commissioner Bracken seconded the motion.

Commissioner Stout said do they want to include that the stacked rock walls be similar to Foremaster Phase 3 including the stipulations associated with those walls. Commissioner Clayton and Commissioner Bracken accepted that into their motion. All voted aye.
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Community Development Director Bob Nicholson made a copy of the minutes of the previously approved preliminary plat (1996) and clarified Doug Rogers comments that the plat was approved.

HILLSIDE DEVELOPMENT PERMIT

Consider a request for a hillside development permit for a proposed single-family residential subdivision (proposed name - Serenity Cove) located at 2780 East and approximately 1750 South, north of the Serenity Hills subdivision. Mr. Ryan Button, applicant. Case No. 2005-HS-011

Mark Bradley said that Hillside Review Board is somewhat familiar with the area after reviewing the site plans for Serenity Hills and Serenity Hills Phase 2. Mark said the location of the future master planned 50 ft. right-of-way road that is designated to extend north to northeast from 2780 East at the location of Rasmussen Drive and 2780 East Street intersection and connect into 3000 East Street at the vicinity of 1700 South will be considered in a public hearing. The request by the applicant will be scheduled on the July 12, 2005 Planning Commission agenda.

Mark stated the Hillside Review Board met on-site June 15, 2005 and recommended approval with a 4-0 vote subject to the following:

1. Raise the cul-de-sac as much as possible with the City standards to reduce the height of cuts.
2. Lower the no disturb line down to the 2715 ft. contour line (Lots 6 & 7).
3. Prefer the no disturb area to be taken over by the City, if not establish a homeowners association and put in as common area.
4. Cuts in the competent rock may be at 1/4:1. In areas not stable, a 2:1 slope required with landscaping for mitigation.
5. Design of the cul-de-sac (i.e., location and configuration) is based on the outcome of the road master plan alignment.

Commissioner Stout asked if the City could take over the no disturb area? Mark Bradley replied yes if they donated or deeded it to the City. Commissioner Stout asked how would the City access that area. Mark said that is a good question and not yet resolved.

Commissioner Stout asked what if the determination is made that they cant move that master plan road. Then what is the purpose of this preliminary plat. Mark said this is not a preliminary plat it is for the hillside.

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Jason Tuttle with Bush and Gudgell said one of the plans that staff is showing is an old plan. Jason passed out the new grading plan for the site. The slopes are significantly smaller. The cuts into the rock will only be 5 to 6 ft. The main reason he drew this up was due to the no disturb line. The other difference is in Lot 1 the client felt it would be better to give them a little bit more of an area. He has some good discussions with the Larsens. The configuration may change but it will not change the hillside aspects. They would like to mark the no-disturb area with a pile of stones so it wont be encroached upon.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a request for a hillside development permit for a proposed single-family residential subdivision (proposed name - Serenity Cove) located at 2780 East and approximately 1750 South, north of the Serenity Hills subdivision. Mr. Ryan Button, applicant. Commissioner Taylor seconded the motion.

Commissioner Clayton said he doesnt see any sense of that area being given to the City. Commissioner Stout said she would include with the motion go with the Hillside excepting that item #3 they say the no-disturb area could remain with the lot owners as long as there is a deed restriction and as long as it is listed on the final plat. And the land would also be marked. All voted aye.

The newly no-disturb plan is the one they will go with.


Commissioner Clayton left at 8:00 p.m.

LOT SPLIT

Consider a request to divide a parcel of land into two parcels located at 1700 East and approximately 1050 North in the Middleton area. Mr. William Mickelson, applicant. Case No. 2005-LS-004

Ray Snyder presented the lot split. Ray went over the procedures of a lot split. The applicant has met with the Joint Utility Committee. Staff recommends the following conditions be applied:

1. Provide separate deeds for each parcel.
2. Provide legal descriptions for each lot.
3. A utilities and drainage easement shall be completed, notarized, and recorded.
4. The applicant shall submit for review all legal documents to the City Attorneys Office.

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MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request to divide a parcel of land into two parcels located at 1700 East and approximately 1050 North in the Middleton area. Mr. William Mickelson, applicant Commissioner Bracken seconded the motion. All voted aye.


REDUCED SETBACK

Consider a reduced rear/side yard setback in a C-3 (General Commercial) zone from the required ten (10) feet to a zero (-0-) foot setback for a proposed building addition to be located at northeast corner of the lot located at 1860 West Sunset Blvd. Mr. Dan Murray, representative for Maverick Country Store. Case No. 2005-RS-004

This item is for a reduction of the required ten foot (10') rear and ten foot (10') east side yard setbacks to a zero (-0-) rear setback and a zero (-0-) east side yard setback for the existing Maverick Country Store. The granting of a zero setback on the rear and east side property line would allow the applicant to construct a restroom and storage area.

The applicant has attended a Joint Utility Committee meeting for this request. A verbal approval was provided to staff by the JUC on June 21, 2005, and was told that a memo was forthcoming. Staff recommends approval.

Chairman Almquist said before Maverik made their driveway entrance and they changed their buildings - they never replaced the trees they took out.

MOTION: Commissioner Stout made a motion to recommend approval of a reduced rear/side yard setback in a C-3 (General Commercial) zone from the required ten (10) feet to a zero (-0-) foot setback for a proposed building addition to be located at northeast corner of the lot located at 1860 West Sunset Blvd. Mr. Dan Murray, representative for Maverick Country Store. with the condition that the applicant bring the landscaping into compliance along Sunset Blvd. Commissioner Campbell seconded the motion. All voted aye.


WALL HEIGHT

Consider a request for a retaining and privacy wall to exceed ten (10') feet in height for Lot 325 within the Shadow Mountain Subdivision located at 202 South 1210 West Circle. The wall is adjacent to the Puerto Del Sol apartments. Mr. Mike Stuehser, applicant. Case No. 2005-WH-003

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Ray Snyder said this request is to seek approval for a ten-foot (10') maximum height retaining wall with a maximum six foot (6') privacy wall located on top for a total maximum height of sixteen feet (16') for the rear of lot 325 of the Shadow Mountain Subdivision. Mark presented the zoning regulations for section 10-18-2.C.

Ray stated staff comments are as follows:

1. The applicant wishes to have a retaining wall installed in order to bring his lot up to street grade.
2. The applicant has contacted the owner of the property directly behind his lot. This adjacent property is Puerto Del Sol and the owner is Mr. Dean Rein. A copy of a signed approval letter by Mr. Rein is attached.
3. The applicant has provided a hand-written letter of intent.
4. The proposed retaining wall would be a structurally designed concrete wall.
5. The entire footing of the retaining wall shall be behind the applicants property line.
6. The applicant has applied for a retaining wall permit to the Building Department. The applicant has been advised that he may proceed with the construction of the footing and any wall construction that does not exceed the allowable ten feet (10').
7. The applicant shall design the site for drainage to run to the street (1210 West Circle).
8. Staff supports his request.

Ray said he is asking for a 10 ft. retaining wall and a 6 ft. wall but that is compatible with what is there already. Ray said he needs the 10 ft just to retain the property then the 6 ft. just for privacy.

Mike Stuster said this is just a privacy wall issue. He felt that a full 6 ft. wall would be the best.

MOTION: Commissioner Stout made a motion to approve a request for a retaining and privacy wall to exceed ten (10') feet in height for Lot 325 within the Shadow Mountain Subdivision located at 202 South 1210 West Circle. The wall is adjacent to the Puerto Del Sol apartments. Mr. Mike Stuehser, applicant, subject to the entire footing of the retaining wall being on the applicants property line or behind the applicants property line and drainage shall go to 1210 West Circle. Commissioner Bracken seconded the motion. All voted aye.


Meeting adjourned at 8:15 p.m.