Planning Commission Minutes

Tuesday, August 23,2005



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
August 23, 2005 - 5:00 p.m.


PRESENT: Acting Chairperson Myrna Stout
Commissioner Chapin Burks
Commissioner Kim Campbell
Commissioner Ross Taylor
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: Chairman Gil Almquist
Council Member Suzanne Allen


CALL TO ORDER

Acting Chairperson Myrna Stout called the meeting to order, welcomed those in attendance. Acting Chairperson Myrna Stout led the flag salute.

Acting Chairperson Myrna Stout said there will be a change to the agenda. The final plats will be heard first this evening.

FINAL PLATS

A. Consider approval of a final plat for Highlands at Green Valley Phase 1 with 77 single-family lots located west of Dixie Drive at approximately 500 South. Mr. James Sullivan, applicant. Case No. 2005-FP-053

B. Consider approval of a final plat for Highlands at Green Valley Phase 2 with 50 single-family lots located west of Dixie Drive at approximately 500 South. Mr. James Sullivan, applicant. Case No. 2005-FP-054

C. Consider approval of a final plat for Tonaquint Parkway Subdivision with 2 commercial lots located at approximately 1500 South Dixie Drive. Mr. Gail Maxwell, representative. Case No. 2005-FP-055


PLANNING COMMISSION
August 23, 2005
Page Two



D. Consider approval of a final plat for Black Ridge Terrace Commercial Condominiums with 32 office units located at 250 West and Black Ridge Drive. Mr. Steve Brown, applicant. Case No. 2005-FP-056

E. Consider approval of a final plat for Southgate Hills Subdivision Phase 5 with 19 single-family lots located at Sir Monte Drive and Southgate Hills Drive. Mr. Andy Leavitt, applicant. Case No. 2005-FP-057

F. Consider approval of a final plat for Pine Brook North with 10 lots (9 with 19 single-family lots, 1 church lot) located at approximately 500 South Indian Hills Drive. Mr. Cary Blake, applicant. Case No. 2005-FP-058

G. Consider approval of a final plat Milne Subdivision with 3 single-family residential lots located south of Middleton Drive between 1800 East and 1900 East. Mr. Adam Milne, applicant. Case No. 2005-FP-059

H. Consider approval of a final plat for Riverside Heights Plat G Subdivision with 36 single-family residential lots located at 2990 East and 110 North. Mr. James Stephenson, applicant. Case No. 2005-FP-060

I. Consider approval of a final plat for Sagewood at Seven Hills Phase 3 with 32-single-family lots located at Tuweap Drive and 1660 North. Ence Homes, applicant. Case No. 2005-FP-061

J. Consider approval of a final plat for Olive Grove Subdivision Phase 2 with 31 single-family detached patio homes located at approximately 800 South Dixie Drive. Ence Homes, applicant. Case No. 2005-FP-062

Final Plats were read into the record. (Vince Clayton cannot vote on item I and J) (Ron Bracken cannot vote on Item D).

Planner Mark Bradley stated all 10 of the final plats are ready for their consideration tonight. As a reminder to Planning Commission and to the community, for those of you who might not be aware of it, once the plats have gone through the review process and signed by City staff, the City has committed to doing an addendum within 24 hours of the meeting to add the final plats to the agenda because of the type of approval process.

Commissioner Taylor asked about the letter they received in regards to some litigation on the Highlands Subdivision.

PLANNING COMMISSION
August 23, 2005
Page Three



Mark Bradley replied that this is more of an issue for City Council. Staff has been informed by the City Attorney to proceed with the platting.

Deputy City Attorney Ron Read said Shawn Guzman City Attorney has had contact with this individual who wrote the letter. Shawn has looked at it and has informed the individual he has not provided enough information for the City to take any action.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of items A-C and E-H as read previously and authorize chairman to sign. Commissioner Burks seconded the motion. All voted aye.

Commissioner Taylor made a motion to recommend to City Council approval of item D and authorize chairman to sign. Commissioner Clayton seconded the motion. All voted aye. Commissioner Bracken abstained and did not vote.

Commissioner Burks made a motion to recommend to City Council approval of items I and J and authorize the chairman to sign. Commissioner Campbell seconded the motion. All voted aye. Commissioner Burks abstained and did not vote.


PUBLIC HEARING - AMEND FINAL PLAT

Consider a request to amend the final plat for Riverwood Phase 4 Townhomes to change the private ownership locations for pads 251 and 252, enlarge pads 250 and 252, and adjust some of the pad configurations to match the existing homes located at 1240 West Indian Hills Drive. Mr. Aaron Niemann and Mr. Kent Prestwich, applicants. Case No. 2005-FP-001

Planner Mark Bradley presented the existing final plat. The applicant is the owner for lots 251 and 252. His request is to change the pads. Mark presented the proposed amended plat. Mark said when the surveyor started on this request they noticed that some of the other pads which were already built upon where built outside their pad area. The new State law says that every amended plat shall be heard as a public hearing if they cant obtain 100% consent of other property owners. The applicant was unable to receive 100% consent from property owners within the phase to amend the plat. The property owner of pad 255 is in opposition because the proposed location change to pad 252 would be in the limited common area right behind his dwelling. Another property owner has called the City planning office voicing his opposition. He does not want the pad configurations changed. Staff does recommend that the plat remain as it was recorded. The change alters an area of significant limited common area.

PLANNING COMMISSION
August 23, 2005
Page Four



Aaron Niemann the applicant said he wants to change the lots because lot 250 was built upon part of his property. He is open for suggestions for the best solution. He said lot 250 encroaches onto his lot about 20 ft. He said he doesnt have a buildable lot now because of this encroachment. His suggestion for the change in his lots would create a flag lot. Aaron said lot 255 has already been created as a flag lot.

Commissioner Stout asked what is the average pad size? Aaron said the size is 50 by 80.

Commissioner Taylor asked where the original error was made on the lots. Aaron said he was not sure where it started.

Fenton Moss who lives in Riverwood Phase 4 said when lot 250 was mistakenly encroaching onto lot 251 it appeared not only to be a mistake from the builder but also the City. He is in favor of the amendment so they can go ahead and build on those pads.

Brandon Anderson from Rosenberg and Associates said all but 3 homes where built outside of the pad area. One was lost due to the flood. The two homes remain.

Alice Allred is president of the HOA for Riverwood she lives directly across the ponds where the lots are located. Alice said the sooner they get these lots built the sooner there would be a start to rebuilding this subdivision.

Danny Jensen said owns lots 248 and 232 in Riverwood. He wants to know if they can reclaim the lots they lost due to the flood. Aaron said lots 245, 246, 247 have been washed away.

Aaron Neimann indicated he has no problems in matching the architectural design that is already present in this subdivision. Commissioner Clayton asked if he would be willing to wait another 2-3 weeks to see what resolution comes out from Rosenberg relative to the 3 lots that were lost during the flooding. Aaron said he thought that was already taken care of. Aaron said he wants to do what is best for the community.

Acting Chairperson Myrna Stout asked Deputy City Attorney Ron Read for direction regarding the 3 lots that were lost to the flooding. Deputy City Attorney Ron Read said it is his understanding that the newly constructed rock wall goes through two of the lots which makes them unbuildable. He said lot 235 may be a possibility to be built on. It is his understanding that lot 247 and 246 can never be rebuilt.

Commissioner Clayton said they could have a motion here tonight to approve this request at this level and have it not move forward to City Council until the answer relative to the wall was obtained.

PLANNING COMMISSION
August 23, 2005
Page Five



Susanna Jones lives in Riverwood and is opposed to this change for numerous reasons. They talk about the dirt and dust coming from these vacant lots, when in reality there are six vacant lots around that pond. So building on these two lots will not resolve the dirt issue. She said Riverwood has enough changes since the last year. She doesnt feel they should all be penalized because of human error.

Alice Allred said people were starting to build before the flood but they have not been able to build since the flood because they have not had approval from the City.

Kent Prestwich said he is responsible for the misplaced lots. He could have come back and started all over again but he didnt. The best solution for this is to allow this man to come in and do what he wants.

Commissioner Clayton called the question.

Commissioner Taylor said he said they should be careful when they reassign common area. From his perspective this needs to be resolved fairly for this individual (the applicant).

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request to amend the final plat for Riverwood Phase 4 Townhomes to change the private ownership locations for pads 251 and 252, enlarge pads 250 and 252, and adjust some of the pad configurations to match the existing homes located at 1240 West Indian Hills Drive. Mr. Aaron Niemann and Mr. Kent Prestwich, applicants. Commissioner Clayton seconded the motion.

Commissioner Stout asked a question on the motion whether it would be possible for them to include a provision limiting the square footage of the home on lot 252 and move it as far away as possible from lot 255. Commissioner Burks and Commissioner Clayton said that would be acceptable to them to have this in the motion. Commissioner Burks said set the maximum home size at 2,000 sq. ft.

Commissioner Campbell commented if it possible to put the house on a 45 degree angle to the entrance on the flag lot so you would not be looking at the back of that home or if they put an L-shape house back there they wouldnt be looking at the back either.

Commissioner Burks said he would rather see if the legal council says that they can ask him to bring what he intends to build on this lot back to the Planning Commission for approval.




PLANNING COMMISSION
August 23, 2005
Page Six



MOTION (continued):

Deputy City Attorney Ron Read said what you are basically doing is telling him that you want him to change the pad upon the approval of Planning Commission. You are going to let him do lot 251 but you are going to wait on the final layout of the house on the buildable part of lot 252 until he brings it to the Planning Commission and shows the pad layout.

Commissioner Burks amended the motion to include that the applicant is required to come back before the Planning Commission to review the proposed building plans to minimize the impact on pad 255. Commissioner Clayton seconded the motion. All voted aye.


PUBLIC HEARING - ZONE CHANGES

A. Consider a zone change request from R-1-10 (Single Family Residential) to PD (Planned Development) on 730.68 acres located west of the Plantations Drive and Canyon View intersection. The propose project name is The Lakes (formerly The Plantations). Mr. Mark Schnippel/Investors Group, applicant. Case No. 2005-ZC-021

Planner Mark Bradley said this item will need to continue to another meeting. Staff found out after scheduling this item and sending out notices to adjacent properties that Mr. Rick Rosenberg will not be able to attend the meeting. He is the representative for the applicant. However, a representative from Rosenberg Associates will give a presentation of the project and they would like to continue this item to the next Planning Commission in September. They would like feedback from the Planning Commission and adjacent property owners. Staff was going to recommend that this project be addressed at several meetings due to the size of the development. The request is consistent with the general plan land use. The request is consistent to the adjacent zoning to the north and east. The traffic impact study has been reviewed by the City traffic engineer but no comments are available at this time. The City traffic engineer is working with the applicants traffic engineers on several issues. Several areas of consideration beside the traffic study and items addressed in the PD text: school sites, fire station, and additional church sites. The City staff (various departments) is meeting on Monday, August 22, 2005 to further review the PD Text and to discuss the project.

Tim Fry with Rosenberg Associates said this parcel is approximately 731 acres and is zoned R-1-10. It was previously approved in 1994 as The Plantations. He presented an aerial view of the land. The existing topography consists of a small desert valley. Tim presented slides of the location. He presented the land use plan. There will be one church site for this area. There will be four individual lakes that will be used for this project. There is 80 acres of open space and 70
PLANNING COMMISSION
August 23, 2005
Page Seven



acres of golf course. Tim went over the density. The low density residential would include custom home lots from 15,000 sq. ft. and greater. The medium density residential lots will range from 6,000 sq. ft to 15,000 sq. ft. and the high density would be mix of condo units with a density of 15 dwelling units per acre. Traffic impact study has been completed and is in the process of being reviewed by the City Traffic Engineer. This is just a brief introduction of what they are proposing.

Commissioner Taylor asked if the 600 low density and 1,000 medium density are for the most single-family units? Tim replied they would be single-family primary residence and some second homes. Commissioner Taylor asked what plans would be imposed for an elementary school and a church? Tim replied that is one of the items City officials have brought up to them and will be looked at. Tim said the fire station would be next to the power station which is currently there.

Commissioner Clayton asked about the water. Tim said it is reused water. Commissioner Clayton asked if it will be used only for the golf course. Tim said it will be used for the golf course and also for a holding storage for the City.

Curt Gordan from SITLA said they own property just to the south of this project. They would encourage Planning Commission to keep in mind the circulation for this whole area.

Roger Stratford from the Sunbrook community said right now there is only one entrance for this location. He would like them to look strongly in having the Plantations Drive completed before they move forward with this project.

Commissioner Clayton thanked Rosenberg for the information. It is very complete.

MOTION: Commissioner Bracken made a motion to carry this item over to the September 27th meeting because of the significant amount of details that need to be addressed. Commissioner Clayton seconded the motion. All voted aye.


B. Consider a request to amend the Hidden Valley Planned Development use and density for Parcel 1.7 (approx 4.86 acres). The approved current use for Parcel 1.7 is PUD 4,500 sq. ft. residential lots (patio home-type) at 5.5 dwelling units per acre. The proposed amendment is for townhomes at 9.0 dwelling units per acre. State Trust Lands Administration, applicant. Case No. 2005-ZCA-027

Planner Mark Bradley said the Hidden Valley Planned Development was approved in 1999. Parcel 1.7 was originally designated for a church site. Parcel 1.7 and Parcel 1.4 uses were PLANNING COMMISSION
August 23, 2005
Page Eight



swapped previously switching the church location with the patio home location. A site plan and building elevation for the church site received approval by the City Council on August 5, 2004.

Mark said on July 12, 2005 a request was made before the Planning Commission to determine whether or not there was a significant change to the Planned Development to allow Parcel 1.7 to be part of a townhome development. The request was tabled at the request of SITLA (property owner) due to findings on the designated use. Later Mr. Sean Glathar, applicant of the determination of signification change item acknowledged to City staff that they accept the request as a significant change and would process a zone change amendment.

Mark said staff comments are that the residents of the Desert Hills Subdivision would like to see the existing use and density remain as currently approved (patio homes at 5.5 du/ac). Staff would prefer the proposed townhome development, the so-called bubble area of 11.5 acres with the proposed 9.0 dwelling units per acre be represented as a whole rather than trying to amend Parcel 1.7, then combine a portion of Parcel 2.1 and Parcel 2.2 with Parcel 1.7. SITLA provided a letter to the City committing to have a contiguous park of 12.5 acres to make up for the portion of the park that was developed with the Desert Hills Subdivision and the portion would be part of the proposed townhome development. The challenge is how the master plan is viewed. If the plan is to be amended, it should be shown as such. Even if the end result could be the same, it becomes difficult for the City to explain to present and future residents within the Hidden Valley Planned Development how a project was constructed that does not represent the approved master plan.

Curt Gordan with SITLA said they are here today to ask for a change and amendment to their plans. This is the last piece in this area which can be serviced by the sewer extending south from Brigham Road. They would like to do 9.0 units per acre. They will not increase the density in the context of the overall master plan in fact their density will go down a little bit. They feel this is important in providing income to the trust beneficiaries and to provide some affordable housing.

Sean Glathar, the developer, said they are taking in the site and roadway concerns. They have 49% of open space landscaping. The units they have designed will have separate entrances and single car garages. As well as having two parking stalls per unit.

Acting Chairperson Myrna Stout stated into the record that staff received a letter of opposition from Rodney and Marcie Abramowski who reside in the Desert Hills subdivision.

Scott Rockenwood represents the Desert Hills Subdivision. He wants to make note that he has a petition signed by the residents of Desert Hills in opposition to this change. They would like to propose this area to stay the way it is. The opposition is this is the exact gateway to their
PLANNING COMMISSION
August 23, 2005
Page Nine



community. This will detract from their neighborhood. They have had the opportunity to meet with the developers twice. They made no suggestion to what they would do there. The residents of Desert Hills wants them to keep with the patio style homes that were originally planned.

David Prisby said this is not only the gateway to their subdivision but it is also the gateway for the existing 350 acres which are left.

David Owen said he purchased his property thinking he would have a church next to him and a park. Now he will have homes being built and townhomes where the church would be.

Curt Gordan said they are proposing 96 units. Curt said Parcel 1.7 will not allow the number of units of what could be built per the Planned Development plan because this is a hill area.

Acting Chairperson Myrna Stout asked if SITLA would be providing some kind of trail access down to the area of the park. Curt said it was never the plan to supply access from the Desert Hills subdivision area down to the park.

Commissioner Clayton asked about Parcel 2.1. Curt said Parcel 2.1 will be lower in elevation than the Parcel 1.7.

Curt said this is important for the rest of their development of this project. This will provide badly needed affordable housing for this area.

Summer Miller said there is no feasible way they are going to make that park accessible for people who have disabilities. She is concerned about affordable housing. Starter homes dont have to be condos they could be smaller homes.

Scott Wood from Desert Hills would like to address the proposed park. He was told by Paul Jensen, developer of Desert Hills that there would be a church on Parcel 1.7 and the park on Parcel 2.2. Scott said he would like to know the proposed value of these homes.

Brian Parker a resident from Desert Hills said he bought their home thinking they would have access to the park. The school currently has to have split sessions because of the increase of children in our area. If they add more residents it will only add to the problem. He understands the need for affordable housing but he doesnt believe that they need more.

Carol Sapp from Southern Utah Home Builders Association said what she is about to say is not in support of SITLA or the developer but is actually in response to the issue of density that is being opposed. She has been stating the need for housing for the work force in the St. George PLANNING COMMISSION
August 23, 2005
Page Ten



area for 15 years. Fear of the outsiders is what drives the fear of density. They also fear that people with lower income will not be like us. There is a comment made that the children will be effected. Some of these people who could move into these homes would be teachers with two incomes. The average cost for a Washington County home today is $263,000. Density is not the enemy - design is the enemy.

Acting Chairperson Myrna Stout asked Mark if a zone change were approved based on the proposal changing the zoning to PD, if the project would come back to Planning Commission for review at some other time. Mark said this is an amendment to the PD. The Planning Commission could approve it with the condition that this area is tied to site plan and building elevations. If that was approved then the next time Planning Commission would see this it would be a preliminary plat. Any significant change to this would have to come back to Planning Commission. Mark clarified that SITLA has the right to develop as it has been approved.

Commissioner Clayton asked why it is necessary to take the tip of the park. Curt replied the tip separates the homes from the rest of the park. Commissioner Clayton asked do you know how the four homes got build in the park area. Curt replied he does not.

Commissioner Clayton asked the applicant how he proposed the public would access the park. Curt the representative from SITLA committed to providing access.

Don Dalrymple pointed out the desert preserve. What impact will the high density do to this desert preserve. Commissioner Clayton said the violation is coming from people who do not live in this area who use the area as recreational vehicle trails.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a request to amend the Hidden Valley Planned Development use and density for Parcel 1.7 (approx 4.86 acres). The approved current use for Parcel 1.7 is PUD 4,500 sq. ft. residential lots (patio home-type) at 5.5 dwelling units per acre. The proposed amendment is for townhomes at 9.0 dwelling units per acre. State Trust Lands Administration, applicant.
Motion died due to lack of second.






PLANNING COMMISSION
August 23, 2005
Page Eleven



MOTION: Commissioner Taylor made a motion to recommend to City Council denial of the zone change. Commissioner Campbell seconded the motion. Four votes aye and two votes nay.

Commissioner Campbell voted aye
Commissioner Taylor voted aye
Acting Chairperson Stout voted aye
Commissioner Bracken voted aye
Commissioner Burks voted nay
Commissioner Clayton voted nay

The motion carried.


SITE PLAN & BUILDING ELEVATION

Consider a request for a site plan and building elevation approval for a proposed townhome development (Oasis at Hidden Valley) located at the vicinity of Hidden Valley Drive and Price Hills Drive, west of Desert Hills Drive. Mr. Sean Glather, applicant. Case No. 2005-SPBE-005

Acting Chairperson Myrna Stout asked what Planning Commissions direction needed to be on this item. Mark said the reason it was put on the agenda because it was tied with the prior item.

Commissioner Bracken stated this needs to move on so they have a right to be heard at City Council.

Staff and Commissioners discussed if this item should be heard. Bob Nicholson felt they should resolve item 2 before they move forward with this item.

MOTION: Commissioner Taylor made a motion to table a request for a site plan and building elevation approval for a proposed townhome development (Oasis at Hidden Valley) located at the vicinity of Hidden Valley Drive and Price Hills Drive, west of Desert Hills Drive. Mr. Sean Glather, applicant, pending the outcome of the recommendation to deny the zone change. Commissioner Campbell seconded the motion. All voted aye. Commissioner Clayton voted nay.




PLANNING COMMISSION
August 23, 2005
Page Twelve



CONDITIONAL USE PERMIT

Consider a request for a conditional use permit to construct an office building for the City of St. George Water & Energy Services Departments located within an OS (Open Space) zone at 760 East Red Hills Parkway (formerly Skyline Drive). Mr. Phillip Solomon, representative. Case No. 2005-CUP-029

Commissioner Campbell stepped down due to conflict of interest.

Planner Ray Synder introduced the item showing the site plan, proposed building, landscaping, and parking. Ray explained the zoning of Open Space and that this public facility is a conditional use permit. Ray went through a series of slides showing the footprint of the building and pictures of the site. The building would be 2-story with about 15,000 sq. ft. of floor area and will serve as an administrative office. The building facade would be stucco.

Commissioner Burks asked about the number of parking stalls. Planner Ray Synder responded that there are 165 parking stalls. The architect, Kim Campbell is here to address the design of the building if there are any questions.

Barry Barnum, City of St. George Water Services Director provided some background on the development of the building and the space needed for employees.

MOTION: Commissioner Burks made a motion to recommend an approval of a request for a conditional use permit to construct an office building for the City of St. George Water & Energy Services Departments located within an OS (Open Space) zone at 760 East Red Hills Parkway (formerly Skyline Drive). Mr. Phillip Solomon, representative. Commissioner Clayton seconded the motion. Commissioner Bracken said recommended that the motion be amended to require the landscaping be consistent and with the rest of the cities buildings on Skyline Drive. Commissioner Burks and Commissioner Clayton accepted the amendment. All voted aye.


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

PRELIMINARY PLATS

A. Consider a preliminary plat request for Serenity Cove with 10 single-family residential lots located at the northwest corner of the intersection of Rasmussen Drive and 2780 East Street. Mr. Ryan Button, applicant. Case No. 2005-PP-041

PLANNING COMMISSION
August 23, 2005
Page Thirteen



Planner Mark Bradley said this item has gone through a series of events. The City discourages triple frontage lots. Lot 10 would be a triple frontage lot. There will need to be adjustment done on lot 9 and 10 for the 50 ft. public road which will need to go through part of their property.

Mark stated staffs comments as follows:

1) A hillside development permit was approved by the City Council on July 7, 2005 with the following conditions:
A. Cuts into the competent rock may be at 1/4:1. In areas not stable, a 2:1 slope required with landscaping for mitigation.
B. Design of the cul-de-sac (i.e., location and configuration) is based on the outcome of the road master plan alignment.
C. Raise the cul-de-sac as much as possible within the city standards to reduce the height of cuts.
D. Lower the no disturb line down to the 2715 ft. contour line (Lots 6 & 7)
E. The no disturb area could be part of the private individual lot with a deed restriction, notes on plat, and physical marking on the land.
F. Accept the new proposed no disturb line as presented by the applicant at the Planning Commission.
2) Staff does not support triple fronting lots.
3) Notice on property deed that adjacent property is an agricultural zone with animal rights.
4) Consideration of a privacy wall at the back of lots 8-10. The double and triple fronting lots would require a privacy wall along the public streets.
5) Additional information will be provided at the Planning Commission meeting associated with the public hearing on the road master plan.

Jason Tuttle with Bush and Gudgell said he was here about a month ago to abandon the road. The Larsens have determined they want to keep it. They are fine with that decision. They have plenty of room for 10 lots. They are in the process of working on a layout for the Larsens property at no cost to them.

Mr. Larsen passed out the master plan road map for this parcel. All they are asking is to be a participant in the design of this road.

Jason Tuttle said now is not the time to discuss economics of road sharing. Acting Chairperson Myrna Stout said when they come back with a final plat that is when Planning Commission needs to know where the road will be. Planner Mark Bradley said it will need to be designed and finalized when it is on the final plat.

PLANNING COMMISSION
August 23, 2005
Page Fourteen



Mr. Larsen said he wants it noted on the plat that this is a working farm. There will be flies, manure and other smells that deal with a working farm. He is concerned about children getting into the farm area and being hurt by cows. He inquired about having a fence put up by the applicants until the road is built.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a preliminary plat request for Serenity Cove with 10 single-family residential lots located at the northwest corner of the intersection of Rasmussen Drive and 2780 East Street. Mr. Ryan Button, applicant, subject to staffs comments and for clarification purposes that there be no excavation work allowed until staff has approved the road alignment as discussed here tonight. Commissioner Bracken seconded the motion.


DISCUSSION ON MOTION

Jay Sandberg City Engineer said the plan that is shown on the wall tonight shows some grading and cross sections. Staff has been working with the engineer to minimize the cuts and the fills. So that may change somewhat. He wants this to be part of the record.

AMENDMENT TO THE MOTION: Commissioner Clayton amendment his motion to include the design not only of the intersection and alignment of this road but that cuts in general are to be approved by the engineering staff. Commissioner Bracken accepted that into the motion.
DISCUSSION ON MOTION

Acting Chairperson Myrna Stout asked if they wanted to include the note on the plat regarding adjacent property being zoned as Agricultural with animal rights.
AMENDMENT TO THE MOTION: Commissioner Clayton said he would accept amendment. Commissioner Bracken seconded that.

DISCUSSION ON MOTION

Deputy City Attorney Ron Read asked City Engineer Jay Sandberg if staff needed additional longer term security than normal because the road will not be built until later. It may be 20 years before that road can go in. Jay Sandberg replied that a portion of the road will be built there which will be half of the road. Commissioners stated that is not what they just told PLANNING COMMISSION
August 23, 2005
Page Fifteen




DISCUSSION ON MOTION

Mr. Larsen. Deputy City Attorney Ron Read said it was just discussed that the road will be dedicated but not putting the improvements in now. Jay said it should at least be graded so the future residents will know what the grade will be.

Jason Tuttle said they are planning on building a sliver of the road between their property and the back of their lots. They will leave the Larsens fence intact. If for some reason there needs to be a change they would be willing to construct a chain link fence for any portion the fence that does need to be disturbed.

Commissioner Taylor asked if the Planning Commission should add to their motion that an agreement should be made to adjacent property owners on the road situation so the Larsens have an understanding of what will be expected in the future.

Commissioner Clayton inquired about having the applicants put a deposit down with the City or have them pay it to the City for future development of the sliver of road.

Commissioner Clayton suggested that the road design include elevations, and then from those elevations determine where the block wall could go. This would ensure that the road is designed consistent with staff.

Jay said he believes Commissioner Claytons suggestion can be done.

AMENDMENT TO THE MOTION: Commissioner Clayton would like to amend his motion to have an engineers estimate of road construction costs to be approved by a City Engineer.



DISCUSSION ON MOTION

Jay Sandberg suggested a delayed improvement agreement and money put in escrow for those improvements.

Mark Bradley said those double fronting lots and triple fronting requires a 10 ft. landscape strip and require an HOA he questioned if the Planning Commission would like. He questioned if the Planning Commission would like the individuals to maintain that landscape that has to be determined. Typically the City requires an HOA but there are only two lots in this subdivision PLANNING COMMISSION
August 23, 2005
Page Sixteen


that would require the landscaping back up to the street. That should be considered as part of the motion.

Commissioner Clayton said in most incidences he would agree but this road is going to come at a base of the hill. There will be no development on that side of the road because of the hillside. The road will come down and where it flanks this subdivision there would need to be a landscape strip. Mark confirmed that is required. If they choose double fronts then they need to do landscaping strips.

AMENDMENT TO THE MOTION: Commissioner Clayton amended the motion to include that there be an engineers estimate as to what that landscaping strip would require and that also be paid into the City for the City later do it. On the plat there has to be a comment that the lots fronting that street will have a future responsibility to maintain that area. Commissioner Bracken seconded the motion. All voted aye.


B. Consider a preliminary plat request for Ancestor Estates with 32 single-family residential lots located at the northeast corner of the intersection of 1450 South and 2780 East Street. Mrs. Christi Lovell, representative. Case No. 2005-PP-042

Planner Mark Bradley said this has gone through a zone change. Along 1450 South there are double frontage lots. There would be an HOA required to maintain the street trees. Access on lots 30 and 31 would be similar to River Hollow with a circular driveway. He went through each of staffs comments:

1) The temporary turnarounds are on the applicants property.
2) The knuckle radius requires revision. To be worked out with City Engineering.
3) The maximum height of the privacy wall along 1450 South Street is 6 ft. The plans are showing 10 ft.
4) The public utility easements/landscape width shall be 10 ft. from the sidewalk, which on an 80 ft. right-of-way should be the property line.
5) Lots 30 and 31 will have a greater setback of 35 ft. from the 66 ft. right-of-way and have a circular driveway.
6) Typically corner lots are designed with additional setbacks. Lot 24, a corner lot is a smaller lot. It is actually a tripe fronting lot. The challenge is R-1-12 zoning requires a 90 ft. frontage width and each of the lots east of Lot 24 along the same street are set right at 90 ft.
7) The slopes of the streets are to be revised to meet minimum percentage requirements.
8) A homeowner association shall be established to maintain the landscape along 1450 South Street.

PLANNING COMMISSION
August 23, 2005
Page Seventeen



9) The applicants plan to phase the project starting at the north end of the development with the last phase being along 1450 South Street.
10) The numbering of the lots shall be continual within each phase (i.e., Phase 1 Lots 1-10, Phase 2 Lots 11-20 etc.)

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for Ancestor Estates with 32 single-family residential lots located at the northeast corner of the intersection of 1450 South and 2780 East Street. Mrs. Christi Lovell, representative, subject to staffs 10 comments. Commissioner Clayton seconded the motion.

Acting Chairperson Myrna Stout asked staff how the applicant would comply with comment number 6? Mark replied that comment 6 is just for information. This comment is just to inform the Planning Commission that this has been looked at.

Commissioner Burks amended his motion to include staffs comments 1 through 5 and 7 through 10. Commissioner Clayton accepted the amendment. All voted aye.

Commissioner Burks amended his motion to read staff comments 1-5 and 7-10.

LOT SPLIT

Consider a request to divide a parcel of land into two parcels located at 345 West and 600 North. Mr. & Mrs. Richard & Joy Grimm, applicant. Case No. 2005-LS-008

Planner Ray Synder introduced the item and went through a presentation of slides showing the configuration of the proposed lot split, identifying the square footage, and pointing out how easements are required for the parcels. Ray went through the standard items required for a lot split.

Ray Snyder said in closing that staff recommends approval and suggests the following:

1) Provide separate deeds for each created parcel.
2) In addition to the legal descriptions on the R.O.S. (Record of Survey) (filed with County Recorder) provide the City a separate 8-1/2 x 11 legal descriptions for each parcel.
3) A utilities and drainage easement shall be completed, notarized, and recorded.
4) The City Attorney Office shall review and determine if a reciprocal access agreement is required.
5) The applicant shall submit for review all legal documents to the City Attorneys Office.


PLANNING COMMISSION
August 23, 2005
Page Eighteen



MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request to divide a parcel of land into two parcels located at 345 West and 600 North. Mr. & Mrs. Richard & Joy Grimm, applicant, subject to the required items listed in the staff report. Commission Campbell seconded the motion. All voted aye.


REDUCED SETBACK (A)

Consider a reduced side yard setback in a M-1 (Manufacturing) zone from the required ten (10) feet to a four (4) foot setback for a proposed building to be located at 1135 West and 1130 North. Mr. Tracy Hoskins, applicant. Case No. 2005-RS-005

Planner Ray Snyder said the applicant would like to have a four-foot setback on the west property line and this would allow the applicant to maintain a twenty nine foot (29') space between the proposed building and the existing building to the east for ingress and egress.

Ray went over the parking requirements and the related buildings. Staff recommends approval subject to:

1) Parking shall comply with the City zoning ordinance and shall be verified during the plan check process.
2) All storage is to be removed from the existing parking spaces.
3) Barbed wire is to comply with City zoning ordinance.
4) Existing gas tank storage building shall be removed in accordance with building and fire department standard removal procedures.

Commissioner Campbell inquired about the building being only 4 ft. from property line and what the proximity is of the existing building on the other side of the subject building. He feels the fire department needs to look at that.

Acting Chairperson Myrna Stout asked if they know what the use will be in building 2 and 5.

Tracy Hoskins, the applicant, said building 1 and 2 are separate properties from 3, 5 and 6. Building 2 is warehouse and half of building 1 is warehouse. Commissioner Clayton asked what is next to this proposed building to the west. Tracy said he believes that they are storage units by Ence.





PLANNING COMMISSION
August 23, 2005
Page Nineteen



MOTION: Commissioner Clayton made a motion to approve a reduced side yard setback in a M-1 (Manufacturing) zone from the required ten (10) feet to a four (4) foot setback for a proposed building to be located at 1135 West and 1130 North. Mr. Tracy Hoskins, applicant. subject to meeting staff recommendations. Commissioner Bracken seconded the motion. All voted aye.


Meeting adjourned at 9:07 p.m.