Planning Commission

Tuesday, October 11,2005
Minutes



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
October 11, 2005 - 5:00 p.m.


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

EXCUSED: Planner Ray Snyder


CALL TO ORDER

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

Chairman Almquist stated to the public that the year-to-date report stated $315 M has been paid so far for value of project cost.

PUBLIC HEARING - ZONE CHANGES

A. Consider a zone change request from R-1-10 (Single Family Residential) and R-3 (Multiple Family Residential) to R-1-8 (Single Family Residential) on 24.30 acres located south of Foremaster Ridge between the new portion of Riverside Drive and the Virgin River approximately 2000 East Riverside Drive. Mr. Rich Lewis, applicant. Case No. 2005-ZC-030

Planner Mark Bradley presented the site plan and aerial photo of this area. Mark said within the legal description there is a small portion of the property along Riverside Drive which is owned by the City of St. George. He continued to state that the Virgin River corridor runs along the easterly and southerly boundary of the property. The City trail runs along the southerly property line. The parcel is within the hillside overlay zone.

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Mark Bradley said there is a small portion that is zoned R-3 but the rest of the parcel is zoned R-1-10 which allows them to develop under the R-1-10 standards. The general plan shows open space and medium density residential. It has not been real defined along the river corridor area. If it was real defined then it would show this property most likely outside of the open space. Any erosion boundary hazard area will need to be looked at when the site is being prepared to be platted. Staff does not have a concern with the R-1-8 for this site. If they expand the zone boundary then it becomes a notification issue.

Rob Reid from Rosenberg Associates said in order to keep their percentages working to meet the Hillside Ordinance they moved the boundary line about 30 ft. Rob said the floods the City had last winter did not do anything in this area.

Rich Lewis the applicant said the flood did reach the southeast corner of the trails next to this parcel. He pointed out the plateau on the map stating that it is approximately 50 ft. from the flow line of the river.

Commissioner Bracken said staff should look at that and the possible flooding area.

Commissioner Stout said there is a small portion of land along Riverside Drive which is owned by the City, are you purchasing that property from the City? Rich said no but there has been a great deal of discussion about it. They tossed the idea around but he told the City he would like to landscape that portion and have an HOA maintain the grounds.

Rich stated that some of the homes backyards will be fairly close to Riverside Drive.

Rich Lewis said they would try to landscape the area along Riverside Drive in such a way that it took on kind of a Spanish appeal. He said there is nothing that cuts sound except maybe a tree line. Commissioner Campbell said berming works well for a sound barrier.

Doug Pierce spoke about the trails and the water. He also spoke about chances of water getting to that site is almost none.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a zone change request from R-1-10 (Single Family Residential) and R-3 (Multiple Family Residential) to R-1-8 (Single Family Residential) on 24.30 acres located south of Foremaster Ridge between the new portion of Riverside Drive and the Virgin River approximately 2000 East Riverside Drive. Mr. Rich Lewis, applicant. Commissioner Clayton seconded the motion. All voted aye.


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B. Consider a zone change request from R-2 (Multiple Family Residential) and C-3 (General Commercial) to PD (Planned Development) Residential on 32.89 acres located southeast of the Riverside Drive and Foremaster Drive intersection. The area is referred to as Nettas Knoll. Mr. Craig Hopkinson, representative. Case No. 2005-ZC-028

Commissioner Clayton stepped down due to conflict of interest.

Planner Mark Bradley said since the meeting Mr. Hopkinson has brought in some changes to his plans. They were showing 198 and the maximum was 173. There is also an update to the traffic study. The applicant will discuss the revisions they have made on these plans.

Mark read into the record staffs comments;

1) Last meeting staff recommended the rezone request be taken in a two-step process. The first meeting would serve as a presentation, public input, and discussion. The second meeting could be an action item. However, there are yet some unresolved areas that have not been addressed, which would merit an additional meeting.
2) The request is consistent with the general plan land use, with the exception of the proposed number of units. The proposed number of units is 198; the allowable number of units is 173.
3) A revised site plan layout is required based on the number of allowable dwelling units of 173 with hillside density. The slope percentages and density formula is based on the previous hillside ordinance.
4) The architectural design of the buildings (i.e., relief in the buildings heights/rooftops) and placement of structures along the hillside with the natural terrain are supportive elements of the City general plan and design guidelines.
5) The Planning Commission should have a comfort level on the height of the buildings upon the knoll and where the buildings are placed on the hillside. A site visit could take plan and/or a rendering of the buildings super-imposed on the hillside could be requested.
6) Subject to a hillside development permit and conditions pertaining to the permit.
7) Subject to building setback of 30 ft. from ridge line.
8) Subject to a traffic impact study requirements.
9) Subject to working out the alignment and details (easement and/or improvements) of the Middleton Wash Trail prior to preliminary plat approval.
10) The applicant is to provide additional landscape (xeriscape) area to meet the requirement. The landscape plans are to meet the hillside review board recommendation and be prepared by a licensed landscape architect.
11) Determine with which phase and/or buildings the various amenities are to be completed.


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NEW COMMENTS

A. The Planning Commission requested exhibits that would show the building relationship to the land. On Wednesday afternoon (October 5, 2005) staff received one large revised site plan exhibit. Staff will review the plan prior to the meeting and provide comment.
B. This area was part of a previous overall traffic study. The City Traffic Engineer has requested an update to the study now that the Riverside Drive extension has been constructed.

Craig Hopkinson representative for the applicant said at the last Planning Commission meeting they discussed the 21 units which would have been most visible from Foremaster Ridge. They have since eliminated those units. They revised the street plan so that from Foremaster Ridge you wont be able to see any traffic from this site whatsoever. Craig said building 8 would be the highest building on the project.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a zone change request from R-2 (Multiple Family Residential) and C-3 (General Commercial) to PD (Planned Development) Residential on 32.89 acres located southeast of the Riverside Drive and Foremaster Drive intersection. The area is referred to as Nettas Knoll. Mr. Craig Hopkinson, representative, included are the conditions described in staffs comments items #1 through #11. Commission Campbell seconded the motion.


DISCUSSION ON MOTION
Commissioner Stout asked staff if they need to condition this motion for the update of the traffic study. Mark replied if they were comfortable with what the conditions were from the last meeting then they would at least place those conditions on the motion. It would also be conditioned upon a Hillside Development Permit which is the next item. Any traffic recommendations would need to be conditioned as well. Mark said all the standards of the PD are to be met.

All voted aye

HILLSIDE DEVELOPMENT PERMIT

Consider a request for a hillside development permit for a proposed multiple family residential development located on the Nettas Knoll, southeast of Foremaster Drive and Riverside Drive intersection. Mr. Craig Hopkinson, representative. Case No. 2005-HS-014


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Planner Mark Bradley said this item was tabled on September 13, 2005 because it is associated with the zone change request listed as Item #1B of this Planning Commission agenda. Mark said the Hillside Review Board visited the site and recommended approval subject to the following conditions:

1) Allow additional cuts for road access width for emergency services and identify the proposed access as a pre-disturbed area.
2) Building structures on blue clay are to be on piers.
3) Water that falls in the developed area be captured and carried to the street.
4) Landscaping shall be xeriscape with minimum waters usage using desert rocks and boulders where appropriate and contain a minimum lawn area.
5) The buildings as planned will meet the required setbacks from the cuesta on the one side (southwest corner).

Chairman Almquist asked if the roads have different standards when they are built on clay. Cathy Hasfurther City Engineer said they do - they excavate down 3 ft. and come back and put in a treated base.

Craig Hopkinson said on the overall plan the geotech company identified the blue clay layers. Even with the geotechnical recommendations they are even saying a minimum of 15 ft. above the blue clay layer. They are not really into a blue clay situation for this parcel.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a request for a hillside development permit for a proposed multiple family residential development located on the Nettas Knoll, southeast of Foremaster Drive and Riverside Drive intersection. Mr. Craig Hopkinson, representative, subject to Hillside Review Board recommendations #1 through #5 listed in the staffs report. Commissioner Bracken seconded the motion. All voted aye.


Commissioner Clayton returned to his seat.

GENERAL PLAN AMENDMENTS

A. Consider a request to amend the General Plan - Land Use Map to change the land use designation of Low Density Residential (up to 4 dwelling units per acre) to Medium Density Residential (up to 9 dwelling units per acre) on property located at the southwest corner of the intersection of Dixie Drive and Mesa Palms Drive. The area consists of approximately 13.20 acres. Mr. Kelly Erickson, representative. Case No. 2005-GPA-004

Planner Mark Bradley said some of this area consist of PD and R-3's in the surrounding area. Mark presented slides on the site area. The area is a phase of the Planned Development. This PLANNING COMMISSION
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property is a phase of the Mesa Palms Planned Development (phase 4). Mark said the property should compliment or tie into the original Planned Development. Staff recommends the land use designation remain the same based on the existing zoning and being a part of an existing planned development. The three story buildings as shown on the exhibit for this area would be inconsistent with the Mesa Palms development based on the type of the development and the nature of the topography.

Mark stated if this is approved the applicant would be allowed up to 9 units per acre.

Kelly Erickson representative for the applicant said they are proposing 117 units. Mesa Palms is one of the first sites that encounter problems with expansion soils. Out of the 117 units they are proposing 27 affordable units. The remaining units would range to medium to higher cost unit. He said the whole project will be built on piers. They will have block walls which will buff them off of Mesa Palms. Kelly said part of the project will have a pool and a club house.

Bob Nicholson Community Development Director said the key issue for Planning Commission this evening is to decide whether 3-story units would be appropriate in this location. A home in this area would be one story or a story and a half. You usually dont put three-story buildings on this type of soil.

Commissioner Clayton said he has a problem with the height of the building. He feels this location does not support 3-story buildings.

Commissioner Bracken feels they should spread the units out and not have quite so many.

Commissioner Taylor said he feels Planning Commission still needs to look at this to see if it would be compatible for this area.

Rick Wells with Mesa Consulting Group said the proposed development is surrounding with single-family dwellings. He feels this would fit into the area.

Commissioner Clayton said he would call a question on this but he has a proposal. He wants the applicant to come back and show how the 3-story building would impact the hillside or his motion would be to recommend denial to City Council.

Chairman Almquist asked if there were any objections to the question. Chairman Almquist asked the applicant if they would be in favor of tabling this item.

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Kelly Erickson said they would be happy to table their request and come back in two weeks to address the concerns which were presented tonight.

MOTION: Commissioner Clayton made a motion to table this item with the applicant coming back with additional information. Commissioner Burks seconded the motion. All voted aye.


B. Consider a request to amend the General Plan - Land Use Map to change the land use designation of Rural Residential (up to 2 dwelling units per acre) to Low Density Residential (up to 4 dwelling units per acre) on property located at the northwest corner of the intersection of 2000 South and 3000 East. The area consists of approximately 19.40 acres. Quality Development, applicant. Case No. 2005-GPA-003

C. Consider a request to amend the General Plan - Land Use Map to change the land use designation of Rural Residential (up to 2 dwelling units per acre) to Low Density Residential (up to 4 dwelling units per acre) on property located at the southwest corner of the future intersection of 1800 South and 3000 East. The area consists of approximately 10 acres. Mr. Charles West, applicant. Case No. 2005-GPA-005

Bob Nicholson Community Development Director suggested they hear item B and C together. East of this proposed area is Serenity Hills. Bob presented the current General Plan map. When the City developed the General Plan they drew a line that would be Rural Residential which would be 2 units per acre. The other section of Little Valley has sewer and this would be 4 units per acre. In recent months there have been a number of transactions where land is being sold to developers. They need to take a look at Little Valley and decide what they would like Little Valley to be. Washington City owns most of Washington Fields. In their general Plan they offer 1 unit per acre but they offer a bonus if the developer donates some of the parcel for parks/trails or open space. City of St. George needs to see what they want for Little Valley and what they want it to look like 10-20 years from now. As they look towards the future do they want to promote 1 acre lots or do they want to do something more compact. Bob said what they did on the Bridle Gate subdivision was cluster their lots but their overall density was still 2 units per acre. Bob said amenities would be trails, horse parks and even affordable housing could be put in the mix.

Bob said if Planning Commission wants to have a neighborhood meeting maybe they could arrange it for early November. Staff needs time to put the density packet together. Bob asked if there is some area in Little Valley the Planning Commission would like to identify for animal area.

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Bob indicated the City of Ivins has a density bonus program.

Commissioner Burks asked if staff has talked with the developers on this issue. Bob said he has talked with Quality Development. He hasnt had the chance to talk with Mr. West.

Jason Smith with Rosenberg Associates representative for Mr. West stated that Mr. West wants to move on this parcel as soon as possible.

Gail Larsen said that he and his family have property next to the 10 acres to the north. They have a feed lot there with cows and horses. At this point they plan on staying there. As the Planning Commission makes their considerations, please keep that in mind.

Commissioner Taylor said they will need to define the value system for this area and how the land is to be developed. He thinks that people who live in this area need to be listened to. He applauds Bridle Gate subdivision but they dont know how marketable that piece will be yet. He feels this should be on hold for a while so they can study the area.

MOTION: Commissioner Stout made a motion on B and C table these items to provide the City time to put additional information together and look at the density issues for the larger areas and possible come up with a density program. Commissioner Taylor seconded the motion.


DISCUSSION ON MOTION

Commissioner Clayton said it seems unfair to say indefinitely. Bob Nicholson said on the next meeting they are full but the first meeting in November this would be a good time. Then you could hear some input.

Commissioner Stout asked how are they going to determine who they are going to notify. Bob said they would run articles in the Spectrum and word of mouth. Bob said they could have an on or off meeting instead of having it on the Planning Commission meeting date. Council Member Allen said how about November 15th. Bob said that would be a good date.

Commissioner Stout amended her motion to table this item until November 15th where there will be a special meeting to invited interested parties to come and supply input.
Commissioner Clayton questioned the amendment to the motion.


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Commissioner Stout withdrawn her motion to table this item indefinite. Commissioner Taylor seconded the motion.

Commissioner Clayton and Commissioner Burks voted nay.
Commissioner Campbell, Commissioner Stout, Commissioner Taylor, and Commissioner Bracken voted aye
CONDITIONAL USE PERMITS

A. Consider a conditional use permit request to provide retail sales and outdoor display of landscape rock located within a C-3 (General Commercial) zone at 447 No. Bluff Street. Mr. Robert Rusby, applicant. Case No. 2005-CUP-034

Bob Nicholson said this item was heard by Planning Commission on September 13th. Bob presented pictures of the site he took an hour before this meeting. The issue is the commercial ordinance does not allow outside storage. Bob read the ordinance pertaining to this item. Other commercial properties have not displayed their product out in front except perhaps a tire store. In displaying their product out in the front falls under the signage. Perhaps the applicant could pick one display item.

Bob said they are required to have 10 parking spaces. They have a 2,438 sq. ft. building and the ratio for that type of building is 1 space per 250 sq. ft.

Commissioner Stout said she went away from the last meeting with the idea that someone was going to check into the original site plan as far as this particular building was originally part of several other buildings that were developed at the same time. Her question is just because you sell a specific legal description doesnt necessarily take away the need to function within that same shared parking arrangement. Bob stated the staff is not aware of any shared parking agreement.

Robert Rusby said he has worked this problem of the access out with Mr. Ence. He has 11 parking stalls available. He has in writing a letter from Mr. Ence stating that he is withdrawing his complaint. Mr. Ence has agreed to let him use any parking that he may need for his customers.

Deputy City Ron Read when they do a shared parking staff goes through the analysis and check the peak use hours of the different businesses and make sure there is no conflict with that. Ron said the City doesnt record the agreement currently but it is suppose to be recorded by the City.

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Deputy City Attorney Ron Read said one of the conditions should be the shared parking agreement procedure be followed.

City Engineer Cathy Hasfurther said the access needs to stay open for use to get to the light.

Commissioner Clayton said if they approve this conditional use then it will be forever. Deputy City Attorney Ron Read said you can force the provisions and if there not completely comply with then you can take enforcement action to remove the conditional use permit.

Commissioner Stout said she doesnt have a problem with the product or how it is displayed. What she does have a problem with is the location. This doesnt work well in this particular location and with the access through this property.

Commissioner Campbell said he doesnt feel it is a problem with displaying his product but he does with the quantity. He has too much on this piece of property.

Robert Rusby presented cases of other stores that have product in front of their store. Commissioner Stout said it is a circulation issue for your property.

Commissioner Clayton said his primary issue is that Planning Commission is asked to give a Conditional Use for the operation of a business for a piece of property that does not have legal access to the property. The other problem he has the applicant in full knowledge that the Planning Commission was going to consider this tonight did not undertake some effort to change the nature of the very problems that they were having relative to the site, (i.e., rocks in front of the building, rocks along the side of the building). Yes, he does have an agreement from Rod Ence but that agreement is really meaning less in lite of the fact that you dont have access to that property. The City Attorney needs to answer the question whether Planning Commission can really do that to make that kind of consideration.

Robert Rusby said there is nothing that has been found legally that states it has to stay open. He has a right to do this as far as he sees.

Brad Young City Code Enforcement said the question is where could he do this type of business in another zone. He could do it in a manufacturing zone. Bob Nicholson said he could do it as a CUP in a C-3. Brad Young said just for information last week they did send a notice out to Sears and notified them for a violation of putting out stacks of tires.

Chairman Almquist asked if he was leasing that property. Robert said he is with the option to buy.

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Commissioner Bracken asked City Deputy Attorney Ron Read will he be required to keep that opening to that right-of-way? Deputy City Attorney Ron Read replied he doesnt know what leverage UDOT has other than they control the access onto Bluff. When you have one large parcel that has access on both ends and the owner decides to split and sell pieces off in the middle of it and they longer have access then what is the City going to do about it.

Chairman Almquist said the issue is the request to provide retail sales and outdoor display. It doesnt seem they have come an agreement to some of these issues. They need to find the answer to those issues.

Commissioner Clayton stated the 11 parking spaces if left free of rock display are adequate. There is a need to have access to the traffic light which was a precondition use that existed. The only issue that really remains is the issue of access. The access to this property and ability to stand on its own is essential. He would table this again until the applicant gets the agreement recorded and it becomes public record.

MOTION: Commissioner Clayton made a motion to table this again to give the applicant an opportunity to put together the necessary easement to provide access to the public access to that property. Commissioner Burks seconded the motion.


DISCUSSION ON MOTION
Commissioner Taylor asked if he could come back with a display standard that meet the City code in terms of percentage of space he can use for display.

Commissioner Clayton said another thing he would add to his motion is in anticipate of the meeting that he clean up this lot now. Commissioner Bracken said should they add to the motion the safety of public and vehicles driving back and forth. Deputy City Attorney Ron Read said between Cathy and himself they will check with UDOT and find out the legal issue. Ron said he would also add that when re-notice this lets put the shared parking agreement as an action item.

Commissioner Stout said that in fairness to the applicant it is her opinion that this site does not work well for this type of business. She is going to vote no for this business in this particular site.





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MOTION (continued): Commissioner Clayton accepted the items mentioned into his motion. Commissioner Bracken seconded that.

Commissioner Stout voted nay
Commissioner Taylor, Commissioner Campbell, Commissioner Clayton, Commissioner Bracken and Commissioner Burks all voted aye.

Council Member Suzanne Allen left for a commitment at 7:40 p.m.

B. Consider a conditional use permit request to convert a previously developed property to an automobile sale and ATV rental operation located at the northeast corner of the intersection of 700 South and 1100 East. W.D. Auto L.L.C., applicant. Case No. 2005-CUP-031

Bob Nicholson said this item has been heard by Planning Commission on September 13th and September 27th. They have submitted a revised site plan. He shows the landscape plan and how the vehicles will be displayed on the site. There are some trees that need to be replaced.

Staff has the following conditions for suggestion:
1) Pave and stripe for minimum of nine (9) parking spaces per plan.
2) Submit a Site Plan Review (SPR) application to Engineering to ensure requirements are met through the plan check process.
3) The full 2,500 sq. ft. building may not be used as a retail business unless a total of ten (10) parking spaces are provided.
4) Landscaping to be installed per Sht. L1.01 submitted October 4, 2005.
5) Lighting to not exceed the footcandles indicated on the photometric plan as submitted on October 4, 2005.
6) A minimum 19.22 foot drive aisle on the east side of the building shall be maintained for access to the rear of the property at all times.
7) Signage shall be under separate permit.
8) the site is restricted to a maximum of fourteen (14) vehicles (autos ATVs scooters, etc.) for sale.
9) In addition to the fourteen (14) vehicles allowed for sale a maximum of five (5) vehicles may be on site for rentals.

Commissioner Clayton asked does the CUP runs with the land or the applicant? Deputy City Attorney Ron Read said it runs with the land. Commissioner Clayton said so once its a car lot it always remains a car lot. Deputy City Attorney Ron Read said unless a year runs by and no PLANNING COMMISSION
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other type of car lot goes in then Conditional Use goes away. But he doesnt know if that applies under the new state law.

Tim Fry with Rosenberg Associates said the applicant has tried to do everything the Planning Commission has requested from their previous meeting.

Commissioner Stout asked staff on the conditions of 8 and 9 how did they arrive at those numbers. Mark said he is not really sure - Ray Snyder came up with these numbers.

Tim Fry said on the parking he is providing 9 parking stalls on the side. The applicant has provided 4 parking stalls for the 800 sq. ft. retail business Tim said the total frontage of the property is 129 ft. Tim stated the landscaping will not be parked in.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a conditional use permit request to convert a previously developed property to an automobile sale and ATV rental operation located at the northeast corner of the intersection of 700 South and 1100 East. W.D. Auto L.L.C., applicant, for conditions 1-7 and on condition 8 the site be restricted to maximum of 21 vehicles including autos, ATVs and scooters and the applicant continue to meet the parking requirements if some of those vehicles are rentals. There can be no parking in the landscaping area. Commissioner Campbell seconded the motion.


DISCUSSION ON MOTION
Commissioner Stout said for clarification on item #8 can they say for sale and rental. The parking requirement would be required on the number of sales. Commissioner Taylor said yes that can be added to the motion.

Chairman Almquist said they should include the landscape plan which shows certain trees in the backyard that are going to be retained and one that will be removed. He would like the one tree to be removed be clearly marked and the others trees be clearly marked to remain. Commissioner Taylor said he will add that to his motion.

MOTION (continued) Commissioner Taylor stated the recommendations that were just discussed be added to his motion. Commissioner Campbell seconded that.

Commissioner Burks voted nay
Commissioner Taylor, Commissioner Campbell, Commissioner Clayton, Commissioner Bracken and Commissioner Stout all voted aye.


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C. Consider a conditional use permit request to expand an automobile sales lot within a C-3 (General Commercial) zone on the southwest corner of St. George Blvd and 700 East. Mr. Skyler Lawrence, representative. Case No. 2005-CUP-036

Planner Mark Bradley indicated that the next item Reduced Setback also goes with this parcel. So the two items can be heard at the same time.

Item 6 was also read into the record.

REDUCED SETBACK

Consider a reduced side yard setback in a C-3 (General Commercial) zone from the required ten (10) foot setback to a variable distance of 1.35 to 2.5 foot setback on the south side property line for a proposed new building to be located on the southwest corner of St. George Blvd & 700 East. Mr. Skylar Lawrence, representative. Case No. 2005-RS-006

Planner Mark Bradley said in the packet there are details on this item. Mark said some of the lighting will come from the median area which will be in front of the parcel. They are providing landscaping between the street and the parking lot.

Mark indicated that the associated reduced setback request does not go on to the City Council but the Conditional Use Permit request does.

Commissioner Clayton said they need to enforce this ordinance about parking of display cars in the driveway entrances of these car businesses.

Skylar Lawrence said he is working with Brad Young on the sign issue. He said they tried to address everything that Planning Commission brought up at the last meeting.

Lighting was discussed. Skylar Lawrence said he believes that the lighting will be hooded.

Commissioner Stout said on the previous conditions should those not be put on the motion as well. Mark said as far as the parking they will have to apply to the number of stalls required. Commissioner Stout said the parking for the two retail offices is to the south is that parking is something of record. Skylar said that there is no off site parking. He said they have adequate parking for the hotel and the other businesses.



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MOTION: Commissioner Stout made a motion to recommend to City Council approval of a conditional use permit request to expand an automobile sales lot within a C-3 (General Commercial) zone on the southwest corner of St. George Blvd and 700 East. Mr. Skyler Lawrence, representative, subject to 1) the applicant to meet the parking standards for the number of vehicles display not to exceed 21, 2) the signage under a separate agreement 3) the photometric plan as submitted with maximum of 42 as per the applicant, 4) the applicant will paint and stripe the parking spaces as shown on the site plan, 5) that there be no parking in the landscape areas and that the applicant will include at least 6 southern live oak trees in the south landscape strip, 6) that the office space be limited to 1470 sq. ft. as detailed on the site plan and 7) no display vehicles in the entrance off 700 East and include with the landscape plan the requirement to the 6 southern live oak trees on south landscape strip to also have a parking bumper to protect those trees. Commissioner Clayton seconded the motion. All voted aye.


MOTION: Commissioner Stout made a motion to recommend approval of a reduced side yard setback in a C-3 (General Commercial) zone from the required ten (10) foot setback to a variable distance of 1.35 to 2.5 foot setback on the south side property line for a proposed new building to be located on the southwest corner of St. George Blvd & 700 East. Mr. Skylar Lawrence, representative. Commissioner Clayton seconded the motion. All voted aye.


PRELIMINARY PLAT

Consider a preliminary plat request for Escalera Estates with 6 single-family residential lots located at 1900 East and Middleton Drive. Mr. Peter Blake, applicant. Case No. 2005-PP-052

Planner Mark Bradley stated this is a straightforward layout of 6 lots varying from 22,500 sq. ft. to 22,502 sq. ft. The applicant prefers a larger lot, which allows up to two large animals based on a minimum lot area of 20,000 sq. ft. But it is not the animals that is the concern it is the weeds. He knows the applicant has meet with Brad Young to talk more the obnoxious weeds. With that in mind they will see what the applicant has come up with.

Brad Young City Code Enforcement said the weed is called silverleaf nightshade. This particular plant is on the list of obnoxious plant. It is a very long living plant. The seeds can lie dominant for 50 years. The City doesnt want to hold up his project due to these weeds. But the City also doesnt want him to dig up the ground and spread those seeds around any more than possible.
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Peter Blake the applicant said he has been in this location over 20 years. He said with chemical spraying you can control them. His opinion you cant get rid of them by chopping them off. The City does not tell you where you can drop them off when you dig them up. Brad Young said he was informed today that they can be burned when they are dead. Peter said he will take care of them.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a preliminary plat request for Escalera Estates with 6 single-family residential lots located at 1900 East and Middleton Drive. Mr. Peter Blake, applicant, with the provision to take immediate control on the weeds by next spring. Commissioner Burks seconded the motion. All voted aye.


DWELLING SITE PLAN (A)

Consider a request for a dwelling site plan approval associated with an amended final plat condition. The parcel is pad #252 of the proposed Riverwood Phase 4 Amended plat located at 1240 West Indian Hills Drive. Mr. Aaron Niemann, applicant. Case No. 2005-MISC-001

Planner Mark Bradley handed over the discussion with Brandon Anderson from Rosenberg Associates to explain what they are doing to meet the requirements as discussed with the condition of the final plat amendment.

Brandon Anderson with Rosenberg Associates after meeting with the City Council, Mr. Niemann went and spoke to each of the neighbors. Each neighbor signed off stating that the new rendering is alright.

Commissioner Stout asked about the detached garage. What is the purpose of this. Brandon said he is not sure of the reason.

MOTION: Commissioner Bracken made a motion to recommend approval of a request for a dwelling site plan approval associated with an amended final plat condition. The parcel is pad #252 of the proposed Riverwood Phase 4 Amended plat located at 1240 West Indian Hills Drive. Mr. Aaron Niemann, applicant. Commissioner Clayton seconded the motion. All voted aye.




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FINAL PLATS

A. Consider approval of a roadway dedication for a portion of 3000 East Street between 2450 South and Seegmiller Road. Mr. Ken Miller, representative. Case No. 2005-FP-073

B. Consider approval of a final plat for Bridle Gate Estates Phase 1 with 40 single-family residential lots. Mr. Ken Miller, representative. Case No. 2005-FP-074

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of the two final plats read into record with authorization for chairman to sign. Commissioner Clayton seconded the motion. All voted aye.


MINUTES

Consider approval of the Planning Commission minutes of the meeting of September 13, 2005.

MOTION: Commissioner Taylor made a motion to approved the minutes. All voted aye.


Meeting adjourned at 10:00 p.m.