Planning Commission Minutes

Thursday, July 28,2005



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
July 28, 2005 - Noon


PRESENT: Commissioner Myrna Stout
Commissioner Ross Taylor
Commissioner Vince Clayton
Commissioner Ron Bracken
Council Member Suzanne Allen
Deputy City Attorney Ron Read
Community Develop. Director Bob Nicholson
Planner Ray Snyder
City Engineer Cathy Hasfurther
Deputy City Recorder Linda Brooks

EXCUSED: Chairman Gil Almquist
Commissioner Chapin Burks
Commissioner Kim Campbell
Planner Mark Bradley


CALL TO ORDER

Commissioner Stout called the meeting to order, welcomed those in attendance. Commissioner Stout led the flag salute.

FINAL PLAT

Consider approval of a final plat for Tonaquint Terrace Phase 2 with 65 single-family residential lots located at 2270 South and 1340 East, west of Tonaquint Drive. Quality Development, applicant. Case No. 2005-FP-048

Bob Nicholson pointed out the plat. The plat has all the staffs required signatures. This is as far as they can proceed now. If they go any further to the west of this development then this would require an annexation. There are areas within the development that will be donated to the City.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a final plat for Tonaquint Terrace Phase 2 with 65 single-family residential lots located at 2270 South and 1340 East, west of Tonaquint Drive. Quality Development, applicant. Commissioner Taylor seconded the motion. All voted aye.



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PRELIMINARY PLATS

A. Consider a preliminary plat request for Crystal Springs at Sunbrook with 21 single-family detached patio homes located off Sunbrook Drive, east of the Crystal Lakes Townhomes. Mr. Korey Kinder, representative. Case No. 2005-PP-014

Commissioner Clayton stepped down due to conflict of interest.

Bob Nicholson stated this project is located in a Planned Development zone. So they are not only looking at the plat they are looking at the building elevation, the building materials and other things that go with a PD zone. The property is surrounding by the golf course on one side Sunbrook Drive and Box Canyon Wash on the other side and Crystal Lakes Townhomes Phase 4 on the other side. They indicate the units will have an earth tone stucco and tile roofs and no air conditioners on the roof tops. There are 21 units being proposed. In the PD amendment for Sunbrook which was approved April 1, 2004, they designated on this same area 19 units on their first plat. When the final comes through they will need to show 30% landscaping and the requirement for the recreation area which is 200 ft. per unit.

Commissioner Taylor asked about the units increasing from 19 to 21 units, do they have a legal obligation to stay with that plan development. Bob replied there is some leeway. They are boxed in by the given area. Bob said this is a preliminary plat so they will have to demonstrate that they have the 200 sq. ft. Bob said this is a judgment call.

Commissioner Taylor said the reason the question comes to his mind is because of past experiences he has noted with other Planned Developments such as Sun River for example, there was a specified maximum number of lots that they were going to develop and they stayed with that number all the time. He is just wondering if they have some latitude to make some adjustments, then thats fine.

Deputy City Attorney Ron Read said the language of the code is, if it is a significant change. If you dont find that significant, then you look just at the area from 19 to 2, which probably is significant for that one spot. But from the first overall master plan they are down density so this spot may have two more units.

Commissioner Stout said they might want to address for the record, what happens if each development exceed with extra units.

Commissioner Stout asked will there be some coordination on the part of Crystal Lakes with homeowners sharing in the cost of road maintenance? Is this agreement in place before the final plat is completed?

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Korey Kinder with Ence Homes said they have been working and talking with Crystal Lakes Homeowners Association and Ence Homes is putting together their own agreement, that they will voluntarily take care of any damage of the roads they do during construction.

Commissioner Taylor asked if this will address the issue of future use of private road. Korey replied yes it will.

Paul Carter President of the Homeowners Association of Crystal Lakes said they havent finalized the agreement for the access on the roads and the maintenance of it. They are working with the attorneys. They should have the agreement finalized within the next week or two.

Steve Nebeker a homeowner in Crystal Lakes, said he has a concern about the entire area and the undeveloped area. The golf course, the Homeowners Association and other interested folks in this area should be concerned about the development along the river between the two cities. He would like to see the property along the river as a park area. This section in St. George is lacking in green space. He would like the board to focus in the future for green space.

Paul Carter said when they talked about Sunbrook and their development they were putting in, they talked about the wash. Since then there are new developments that have come up. Sunbrook agreed to clean the wash area out and the City agreed to maintain it. Now the developer of Crystal Springs owns that ground and he feels this needs to be addressed. Who is going to clean it up and who is going to maintain it?

Vince Clayton with Ence Homes said he cant specifically address this area. But he does remember it being brought up about 7-8 years ago. His recollection is they agreed to go in and clean it up, and that the wash would then be gifted to the City. The future maintenance of the wash would be the Citys.

Council Member Allen said nothing has been put in writing. Vince Clayton said no. He agrees with Paul Carter that it needs to be maintained and cleanup.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat request for Crystal Springs at Sunbrook with 21 single-family detached patio homes located off Sunbrook Drive, east of the Crystal Lakes Townhomes. Mr. Korey Kinder, representative, with the conditions that 30% landscaping, 200 sq. ft. of unit for recreation space, and an agreement be established between Crystal Lakes and the new development of Crystal Springs regarding maintenance of private roadways and repair private roadways caused by construction traffic, and that there be a finalization of the determination for the wash if possible to be given to the City, and the City acquire the property and do the required maintenance on the wash. Commissioner Bracken seconded the motion. All voted aye.
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B. Consider a preliminary plat request for Foremaster Ridge Phase 4 with 61 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

Bob Nicholson said the applicant has changed the layout of his subdivision. There are two parallel roads, Crest Line Drive and East Ridge Drive. As you recall on the master road plan one of the roads, East Ridge Drive, was shown as a 60 ft. right-of-way. So there is an issue to how this will transition from a 60 ft. right-of-way to a 50 ft right-of-way. The policy is that they make that transition at an intersection. One of the recommendations is either labeled cul-de-sacs B or C be punched through. If that occurs than that transition from 60 ft. to a 50 ft. would happen where ever that intersection is. This is an issue that needs to be resolved.

Bob said in 1996 this came before the City Council for a preliminary plat and hillside development permit. The minutes said the recommendation for the hillside development permit is subject to no retaining walls within the 30 ft. rear setback. That the retaining wall restrictions be included in the CC&Rs of each final plat and that no development over burden or waste be pushed over the ridge. The applicant is proposing to build up that ridge line a little bit. There will be a minimum of 30 ft. setback from the edge.

Commissioner Stout said where it talks about the Hillside development permit, this did not exist during Foremaster Ridge Phase 3. Bob said that is correct, it must not have been in place. Commissioner Stout asked is that because they obtained a Hillside development permit prior to August 1996? Bob said he will let the applicant answer that. Bob said at the last council meeting the council did adopt and approve the new Hillside Ordinance with an addition of a phrase that was added to the ordinance that says, ridge lines will remain undisturbed.

Council Member Allen said the Council looks at it that nothing is to be disturbed on the ridge line, and it should remain natural.

Cathy Hasfurther City Engineer, said the 60 ft. needs to extend to the next intersecting roadway. If one of the cul-de-sacs do not extend then the road will need to be 60 ft. all the way down. Commissioner Stout asked when do you break off and say it should be a fifty or sixty ft road. Cathy said it is based on the traffic report statistics so it would between 1,000 and 1,200 trips per day.

Council Member Allen asked if they did punch through on the 60 ft. road, how wide would it have to be? Cathy said it would be a 50 ft. road.

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Commissioner Taylor asked is it your recommendation to have either labeled cul-de-sacs B or C go through? Cathy said either one would be fine.

Council Member Allen asked if they have a 60 ft. road wouldnt the residents be concerned about the traffic and having the people in the City making that a short cut to the mall?

Todd Edwards with Bush & Gudgell, said they take exception to the numbers of the traffic report. They are not talking about a traffic jam situation. They dont feel that a 60 ft. road needs to go all the way down there. All a sixty ft. road does is increase the speed of the vehicles. They dont feel that a 60 ft. road is justified there.

Commissioner Taylor said he feels that punching one of those cul-de-sacs through will help slow the traffic down. He feels that staffs recommendation to punch through a cul-de-sac is a value one. Todd said from a safety point he doesnt feel it is justified.

Council Member Allen said the council has discouraged cul-de-sacs. It is not neighbor friendly. She would like to see at least one road for connectivity.

Council Member Allen said she would rather see a 50 ft. road that will slow them down then have the 60 ft. road.

Doug Rogers with R& D Development said you take backyard neighbors on two cul-de-sacs that are about 500 ft long for them to walk clear down to the end to that back door neighbor it is 100 ft longer than if you take a regular City block. Doug said the intersections are more dangerous than regular streets.

Doug said when the traffic study was prepared for City Council Aron Baker showed a total travel. They used the plat that was proposed back in 1996 showing 77 lots. Today they are showing 61 lots. Doug said if they punch another cul-de-sac through that puts another 152 vehicles per day traveling on the busy road. The City shows a 50 ft. right-of-way can handle up to 1,200 cars a day. Council Member Allen said she is more concerned about the neighborhood connectivity.

Council Member Allen said she feels that the council will question where the connectivity is. Doug said he remembers that the council was not happy with the cul-de-sacs.

Bob Nicholson passed out the public works City standards specifications for design. So this is really not a staff recommendation, this is a rule. He stated that Paragraph F states when designing local road networks, block lengths without an intervening connector street shall not PLANNING COMMISSION
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exceed eight hundred feet (800') in length unless previous approval has been obtained from the City Engineer. Cul-de-sacs are not considered an intervening connecting street. Bob said they should move on to some other issues.

Doug Rogers said they will put a road through on that middle cul-de-sac

Doug Rogers said the rock wall on the west side is to equal it out and make it a walk-out basement level. They need to know if they can proceed with this rock wall.

Commissioner Stout said based on the what the staff says on the July 21, 2005 action by the City Council the setback on the ridge line is not to be disturbed.

Commissioner Clayton said he understands the talk about why this has come back to the Planning Commission this way. The previous subdivision would be a much finer subdivision within our City than this one. It has nothing to do with money it has to do with the way it was laid out from the ridge.

Doug said they did put in their CC&Rs that they could not build a wall that is made of concrete but they could build a natural wall. Doug said the rock is already stacked there so they could continue to build the rock wall from the east to the west. Commissioner Clayton asked if the CC&Rs claim no block walls within the 30 ft. Doug replied it does - they could build a natural wall.

Commissioner Taylor asked, is the rock wall out on the abrupt edge? Doug said it sets back in about 4-5 ft from the abrupt edge. Commissioner Taylor asked about how the water drained off. Doug said that is the responsible of the homeowner.

Commissioner Stout asked Deputy City Attorney Ron Read what can they do with this regarding the amendment to the Hillside Development Permit that was approved by the City Council July 21st, and includes this requirement that the setback from the ridge line is not to be disturbed. Yet they have a proposal before them that would contradict that. Deputy City Attorney Ron Read said the only thing they could do if they thought the rock wall was a good idea, then find and recommend that it not be a disturbance under the new ordinance.

Commissioner Taylor said it seems clear to him that the August 1, 1996 Hillside development permit statement probably has not been applied in the past in terms to what has happened on the east side of the ridge. Doug said it showed everything from Phase 1 through Phase 3.


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Commissioner Stout said she hates to see this tossed aside and ignore what the Hillside Ordinance was trying to do.

Doug Rogers said everything he has gone through with Planning Commission and City Council this has been based on the 1996 approval. Which was approval for the hillside permit and for the Phase 2 through 8 subdivision. They have changed the subdivision again and it never came up with Phase 1 through 3. They would like to put the wall in to match the other side.

Commissioner Stout said the point she is trying to make is that it is not appropriate for Planning Commission to disregard the Hillside development permit. Doug Rogers replied that he agrees. Now that this has come to light they need to make sure that gets addressed.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat request for Foremaster Ridge Phase 4 with 61 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, with the following stipulations, 1) there be one of the cul-de-sacs either B or C to punch through to create circulation, 2) the 50 ft. right-of-way begin at the intersection north of the project and 3) the proposal for a retaining wall to be within the range of no disturb for this project with a finding that it is not considered a disturbance of the ridge line. Commissioner Clayton seconded the motion. All voted aye.


C. Consider a preliminary plat for Tonaquint Valley at Southgate with 111 single-family residential lots located at 1200 West and approximately 2200 South, west of Tonaquint Drive. Quality Development, applicant. Case No. 2005-PP-037

Bob Nicholson said this is the same area that is next to the final plat they just approved. The only issue is the 2070 South comes off by the church and staff has asked for a 90 ft. right-of-way and the developers have agreed to accommodate that even though it may not be built initially.

Commissioner Clayton asked who will maintain the medians? Cathy Hasfurther replied the City will. Staff would recommend approval with the 90 ft. rightof-way on 2070 South.

Jim Raines with Bush & Gudgell said there will be connectivity in the property that is owned by Gary Brown. When they originally developed Tonaquint Terrace they didnt have this connectivity.



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MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a preliminary plat for Tonaquint Valley at Southgate with 111 single-family residential lots located at 1200 West and approximately 2200 South, west of Tonaquint Drive. Quality Development, applicant. Commissioner Bracken seconded the motion. All voted aye.


D. Consider a preliminary plat for Holt Subdivision with 10 single-family residential lots located at 750 North and Picturesque Drive. Mr. Steven Holt, applicant. Case No. 2005-PP-039

Bob Nicholson said this is an R-1-10 subdivision. It is behind Star Nursery on the other side of the creek wash. This wash has been piped. The only requirement is this 15 ft. easement and setback which would be the same as the subdivision to the east. The plat is ready for approval.

Commissioner Stout asked about the proposed grading on 750 North. Cathy Hasfurther said they can adjust the grading during the construction phase.

Council Allen has a letter from a concerned citizen. She is concerned that her property will be impacted. She doesnt give permission to have rocks stacked on her side of the property.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a preliminary plat for Holt Subdivision with 10 single-family residential lots located at 750 North and Picturesque Drive. Mr. Steven Holt, applicant. Commissioner Bracken seconded the motion. All voted aye.


Meeting adjourned at 1:30 p.m.