Planning Commission

Tuesday, December 13,2005
Minutes



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
December 13, 2005 - 5:00 p.m.


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

CALL TO ORDER

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

FINAL PLATS

A. Consider approval of a final plat for Red Butte Phase 4 with 20 single-family residential lots located at 2350 East and 2610 South. Mr. Reid Pope, representative. Case No. 2005-FP-085

B. Consider approval of a final plat for Rim Rock Commercial Center with 11 commercial lots located at 170 South and River Road. Mr. Jim Raines, representative. Case No. 2005-FP-086

C. Consider approval of a final plat for Serenity Hills Phase 2 with 13 single-family residential lots located at 2000 South and Rasmussen Drive. Mr. Kelly Schmutz, representative. Case No. 2005-FP-087

D. Consider approval of a final plat for Serenity Hills Phase 3 with 5 single-family residential lots located at Rasmussen Drive and 2580 East. Mr. Kelly Schmutz, representative. Case No. 2005-FP-088


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E. Consider approval of a final plat for The Joshuas at Southgate Phase 2 with 47 single-family detached patio homes located at 2261 South Tonaquint Drive. Mr. Marc Brown, representative. Case No. 2005-FP-089

F. Consider approval of a final plat for Toroweap at Entrada with 68 single-family detached patio homes located at Tuweap Drive and 2000 North. Mr. Marc Brown, representative. Case No. 2005-FP-090

G. Consider approval of a final plat for Avallon at Meadowood Phase 2 with 18 single-family lots located at Stonebridge Drive and Avallon Drive. Mr. Clayton Leavitt, applicant. Case No. 2005-FP-091

H. Consider approval of a final plat for Avallon at Meadowoo Phase 5 with 6 single-family lots located at Charbonne Drive and Covington Drive. Mr. Clayton Leavitt, applicant. Case No. 2005-FP-092

I. Consider approval of a final plat for Southgate Views with 25 single-family lots located at Sir Monte Drive and Rolling Hills Drive. Quality Development, applicant. Case No. 2005-FP-093

J. Consider approval of a final plat for Bella Terrazza at Sunbrook with 50 condominium dwelling units located at Sunbrook Drive and Luce Del Sol Drive. Sunhill Homes, applicant. Case No. 2005-FP-094

K. Consider approval of a final plat for Bella Terrazza 2 at Sunbrook with 60 condominium dwelling units located at Sunbrook Drive and Luce Del Sol Drive. Sunhill Homes, applicant. Case No. 2005-FP-095

L. Consider approval of a final plat for Bella Vista at Sunbrook with 12 single-family detached patio homes located at Luce Del Sol Drive off Sunbrook Drive. Sunhill Homes, applicant. Case No. 2005-FP-096

M. Consider approval of a final plat for The Cliffs of Snow Canyon Plat L with 15 single-family lots located at 3052 N. Snow Canyon Parkway. Mr. Ryan Cowley, representative. Case No. 2005-FP-097

N. Consider approval of a final plat for The Cliff of Snow Canyon Plat K with 10 single-family lots located at 3052 N. Snow Canyon Parkway. Mr. Ryan Cowley, representative. Case No. 2005-FP-098

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O. Consider approval of a final plat for Kachina Cliffs Phase 2 - Entrada at Snow Canyon with 17 single-family lots located on the eastside of Snow Canyon Parkway at approximately 2800 North. The Entrada Company, applicant. Case No. 2005-FP-099

P. Consider approval of a final plat for Las Palmas Resort Condominiums II Phase VIII, Amended and Extended with 18 units located at the south end of the Las Palmas Resort off Canyon View Drive. Mr. Jeff Chapman, representative. Case No. 2005-FP-100

Q. Consider approval of a final plat for Mirage Estates Phase 4 with 3 single-family detached patio home sites located at Mojave Heights Drive. Mr. Marc Brown, representative. Case No. 2005-FP-101

R. Consider approval of a final plat for Park Plaza Office Park Phase 2 with 2 office buildings located at 400 East and Riverside Drive. Mr. Reid Pope, representative. Case No. 2005-FP-102

S. Consider approval of a final plat for The Pointe at Sunbrook Phase 2 with 15 single-family lots located at Box Canyon Drive and Emeruade Drive. Sunhill Homes, applicant. Case No. 2005-FP-103

T. Consider approval of a final plat for Stone Valley Estates with 23 single-family lots located at 2780 East and 1190 South. Quality Development, applicant. Case No. 2005-FP-104

U. Consider approval of a final plat for Sun River St. George Phase 16 with 96 single-family detached patio homes sites located off Angel Arch Drive, south of the Atkinville Wash. Mr. Darcey Stewart, applicant. Case No. 2005-FP-105

V. Consider approval of a final plat for Villa Bonita Courtyards with 22 single-family lots located at Courtyard Drive and Country Lane. Mr. Darren Hensley, applicant. Case No. 2005-FP-106

W. Consider approval of a final plat for Wailea Falls at Stonebridge Phase 3 Amended and
Extended with 15 single-family detached patio home sites located off Country Lane. Mr. Ronald Bushnell, representative. Case No. 2005-FP-107

Planner Mark Bradley stated that final plat 1A through1I have complete signatures from staff. Final plats 1J through 1W have been through concurrent review and have been placed on the agenda because there is no other meeting for Planning Commission in the month of December.
The plats still need staffs signatures.

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


MOTION: Commissioner Stout made a motion to recommend to City Council approval of final plats 1J through 1W and authorize Chairman to sign and instruct staff to complete the review and get all staff signatures. Commissioner Bracken seconded the motion. All voted aye.


ZONE CHANGES

A. Consider a zone change request from R-3 (Multiple Family Residential) to PD (Planned Development) Commercial on 0.73 acre located southeast of the River Crest Subdivision at approximately 2400 South River Road. Mr. Jeff Adams, applicant. Case No. 2005-ZC-033

Planner Mark Bradley stated that this parcel is next to River Crest and Painted Desert Planned Development Residential. The corner of the site is shown as an area as potential commercial on the general plan. Mark said the approved 1994 PD zone identifies the vacant northeast property of Painted Desert PD project as designated for a potential church site. Generally these areas are identified as a type of commercial use that would serve the neighborhoods in the surrounding area. The setback area is to be landscaped. The two-story building would require a 20 ft. setback. The maximum height is not to exceed 35 ft. The applicant expressed to planning staff he would not exceed 20 ft in overall height. Access would be from River Road. The question staff has is a 10 ft. rear yard setback sufficient.

Commissioner Clayton asked Deputy City Attorney Ron Read if he is in conflict of interest due to the fact that Ence owns the property next door to this site. Deputy City Attorney Ron Read replied it is a conflict of interest. Commissioner Clayton stepped down.

Jim Raines, Bush and Gudgell, said the important thing to point out on this project is that the storage units are all indoors. This is a very low traffic impact development. This will be a good fit for the neighborhood. They are also accommodating a decel-lane for this project.

Chairman Almquist asked if the height of the building is setback enough from the residential area. Jim Raines replied they have complied with the ordinance for the residential area.


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Jim Abel a resident of Painted Desert said the residents in the area feel the storage unit facility would fit better in a Manufacturing zone. Mr. Abel feels that this building will tower over River Crest development. He believes this will set a precedence for this entire area. The residents are not interested in having a storage unit facility there. The residents would request that this not be approved at this time.

Planner Mark Bradley made a clarification that the church site was designated on the south side of the subject parcel. It was not this site. This site has always been planned as a commercial site.

Cyril Noble a resident of River Crest stated that the residents were under the impression this will be a church site. He questioned the lighting for the building.

Chairman Almquist asked staff if this site was ever marked on any maps as a church site. Planner Mark Bradley replied he is not aware of any maps indicating that. Right now the current use for this location is R-3 for multi-family housing. It could be a church site but is only 0.73 acre so it is rather small by itself.

Commissioner Stout asked Commissioner Campbell what a typical LDS church requires for a buildable site. Commissioner Campbell said a Stake Center requires 5 acres and a church site requires 3 acres. The height would be about 25 ft. at pitch.

Gerald Henderson lives in River Crest and is president of the HOA for River Crest. He said for clarification the site plan for River Crest Phase 3 has this site listed on the plat as future commercial. He questioned if Planning Commission could attach conditions to this request?

Chairman Almquist stated they received a letter from a couple who live in Tooele and own property in this area. They dont wish to see this go through. He also has two letters from David Jensen and Wilford and Mary Smith that are in opposition to this request.

D. E. Smith a resident of Painted Desert said he objects to the proposal. He proposes that this area be converted to a park. He wants to see the proposal denied.

Jim Raines, Bush and Gudgell said it is important to note that this property was not part of Painted Desert it was always part of River Crest. It was never proposed to be a church site. Jim said this piece has been graded to match the grade of River Road.

Commissioner Campbell asked about the concrete block wall separating the residential areas. Jeff Adams said on the south side there is already a fence installed for the residential area.

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Chairman Almquist asked what is the landscaping going to be between the River Crest wall and the building. Jim replied he will do the same landscaping he did on Dixie Drive for his other storage units.

Jeff Adams said the back wall of the building will have no windows but there will be windows on the side of River Road. The windows are in the hallway, not in the storage areas.

Jeff said the condensers will be on the ground if at all possible. They do not want them on the roof. The back side of the building will be stucco not rock.

Jeff said they monitor the area by cameras. If the tenant is there any longer than 1-1/2 hours then Jeff places a call to them and request to see their storage unit. Jeff stated that the police force comes in with their canine dogs about every quarter to check for any thing illegal.

Chairman Almquist asked if he would be willing to enhance the landscaping on the west side of the building next to River Crest. Jeff said if they review the Dixie Drive location they would find the landscaping is all the same around the project. It will be done beautifully, and yes he will enhance the west side landscaping.

Commissioner Stout asked staff if they would be required to have 20 ft. setback because the adjacent property is currently zoned as residential.

Commissioner Bracken asked Deputy City Attorney Ron Read what about the 20 ft., is that required on the south side. Deputy City Attorney Ron Read said if it is a side yard to residential it would be 20 ft. or if it is a rear yard it would be 10 ft.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a zone change request from R-3 (Multiple Family Residential) to PD (Planned Development) Commercial on 0.73 acre located southeast of the River Crest Subdivision at approximately 2400 South River Road. Mr. Jeff Adams, applicant, subject to the landscaping on the west and south boundary be stepped up in form of tall trees and vegetation to reduce the impact to the surrounding neighbors and also require a 20 ft. setback on the south property line on the back of building as well as 20 ft. side yard on west side of the building. Commissioner Taylor seconded the motion.

Deputy City Attorney Ron Read said the motion should address the height and text.




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MOTION (continued): Commissioner Stout added to her motion not to exceed 20 ft. in height, and that the condensers be placed on the ground rather than the roof top. Commissioner Taylor accepted that into the motion.

DISCUSSION ON MOTION
Commissioner Stout asked if the Planning Commission is requesting that the applicant come back with a landscape design site plan for their approval. The drainage study needs to be seen by the commissioners as well. Staff said they could.

Motion passes with a 4 to 1 vote for approval.

Commissioner Campbell voted nay
Commissioner Taylor voted aye
Commissioner Stout voted aye
Commissioner Bracken voted aye
Commissioner Burks voted aye

Commissioner Clayton returned to his seat on the board. Council Member Allen left the meeting at 6:30 p.m. She said she will return after her appointment.

B. Consider a zone change request from A-1 (Agricultural) to RE-20 (Residential Estates) on 12.0 acres located at southeast corner of the intersection of 3000 East and Seegmiller Drive. Mr. Ken Richmond, representative. Case No. 2005-ZC-035

Planner Mark Bradley said the applicant has requested this item be tabled and heard in the next Planning Commission meeting.

CONDITIONAL USE PERMITS

A. Consider a request for a condition use permit to operate a used car lot at a former car wash building located within a C-3 Commercial zone at 946 Sunset Blvd. Mr. Courtney Booth, representative for Aequitas Motors Inc. Case No. 2005-CUP-043

Planner Ray Snyder said this project proposes a conversion from a former car wash building. Previously Planning Commission saw this site as a lot split and approved. There is reciprocal agreement between the two lots. They want to display their vehicles along the front area of the building. They are requesting to display 15 used cars on the site. Staff said they will not be able to display any vehicles in the front of the parcel along Sunset Drive. Staff told the applicant they will need to provide at least 5% of landscaping. They are requesting to keep the existing canopy on the side.
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Commissioner Clayton asked about the signage for this parcel. Ray said he has given the sign ordinance to the applicant and has told him to contact Brad Young at Citys Code Enforcement Department for any sign questions or issues.

Courtney Booth the applicant said there is an existing sign out front facing Sunset Drive. The previous car wash had a spot on this sign which is currently still there. He was assuming that he could put his sign over the existing car wash sign. Due to the lot split however this is now considered an off premise sign.

Commissioner Stout asked about the landscaping plan. Courtney said on the east side of the building they will put in desert landscaping. They dont have any live plants picked out today for this site. They will choose plants which dont require much water. Commissioner Stout said they need to cut out the asphalt for the landscape area. That is the only way they will be able to have that area stay landscaped.

Commissioner Clayton said he feels the landscaping needs to be in the front of the property and not only on the side which never gets seen. Courtney said they would have to take away their display area of cars if they put landscaping in the front of the building.

Commissioner Campbell said they are more concerned about seeing landscaping than the cars.

Commissioner Clayton asked about the old car wash bay; are you planning to use this detail area for detailing of cars that are not for sale? Courtney said no - it will be used for cars that will be stored during the night.

Chairman Almquist said he would rather see them take 3 stalls out and put in landscaping in the front. Chairman Almquist said that the applicant will have to abide by the conditions that the commissioners put on this item.

Commissioner Burks called the question and then he withdrew the question.

John Paulsen one of the owners said the area they have picked for landscaping is done quite well. A lot of thought went into it.

Chairman Almquist said when someone comes in and changes the use of the building. It is Planning Commissions responsibility to bring the building up to code.

Commissioner Burks called a question.

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Commissioner Bracken asked Deputy City Attorney Ron Read can they put a sign on the post that is existing. Deputy City Attorney Ron Read said they need to go before the Sign Board to get a permit. They do need to pursue that (because of the off premise sign).

MOTION: Commissioner Burks made a motion to recommend to City Council denial of a conditional use permit to operate a used car lot at a former car wash building located within a C-3 Commercial zone at 946 Sunset Blvd. Mr. Courtney Booth, representative for Aequitas Motors Inc. Commissioner Clayton seconded the motion.

The motion carries 4 to 2 vote for denial.

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


B. Consider a request for a conditional use permit associated with the Temple View RV Resort to: 1) store recreational vehicles, boats, and automobiles on five plus acres to the existing Temple View RV site, 2) add six (6) additional RV spaces, and 3) have overflow parking of RVs at the south end of the park on the outside of the fence in the old mobile home sales lot for six (6) months. The property is located at 975 South Main Street within the C-2 and C-3 Commercial zones. Mr. Jim McArthur, applicant. Case No. 2005-CUP-044

Planner Ray Snyder presented a site map of the area. The request is to store recreational vehicles, boats, and automobiles on five plus acres adding to the existing Temple View RV site, add six (6) additional RV spaces and have an overflow parking of RVs at the south end of the park on the outside of the fence in the old mobile home sales lot for six (6) months. Ray presented slides of the site and explained where the locations would be for the requested areas. Ray said there is 5.9 acres for proposed RV storage. Ray said the Engineering Dept. is required a 72 inch ( 6 ft) diameter storm drain along the existing east property line. This will have to be considered along with a required thirty ft. (30') easement area. The applicant and the City Engineering Department are required to work together on this matter.

Ray indicated staffs comments are on the staff report and drew attention to a letter dated November 1, 2005 by Community Development Director Bob Nicholson which was sent to Mr. McArthurs as a courtesy notice. This letter outlined the following issues;

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1) A solid 6 ft. wall is required on 775 South Street
2) Street trees and 5% landscaping are required
3) Sidewalks are required
4) Storm drain issues are to be resolved with engineering
5) Driveways are to be paved (storage areas may be on gravel)

Jim McArthur said his intent is to take the 5 acre parcel and use it for storage. Half of the field would handle all of the units they have now. Jim commented that since his father passed away they are in the process of dividing up the parcel of land which he owned. Jim said he will probably end up with Temple RV. He needs some time to build the property base up before he can remove the RVs out and to that location.

Jim said the 775 South Street is private property and belongs to the school district. Jim said the school district asked him if he would be willing to add to the improvements on 775 South Street.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a conditional use permit associated with the Temple View RV Resort to: 1) store recreational vehicles, boats, and automobiles on five plus acres to the existing Temple View RV site, 2) add six (6) additional RV spaces, and 3) have temporary expansion RV park at the south end of the park on the outside of the fence in the old mobile home sales lot for six (6) months. The property is located at 975 South Main Street within the C-2 and C-3 Commercial zones. Mr. Jim McArthur, applicant, subject to the five requirements in Bob Nicholsons letter and subject to the applicant providing a 6 ft. masonry wall on 775 South Street.

DISCUSSION ON MOTION
Bob Nicholson said Jim plans on moving the RVs next to 775 South Street so there is no need for a fence in that area now.

Jim McArthur said in the north end, it is his intention to remove all the storage from that area.

Commissioner Stout withdraws her motion and ask the applicant to have his improvements in place within 6 months.

DISCUSSION ON MOTION
Commissioner Clayton said he feels 6 months is too long. Why cant the improvements be done now.



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DISCUSSION ON MOTION (continued)
Jim McArthur said he plans on putting in the sidewalk and landscaping immediately. The field in the back needs to have 6 months to get it ready to move the RVs from 775 South to that location.

Bob Nicholson pointed out that the privacy wall will not be required on 775 South Street but will be required on 1160 South Street. Deputy City Attorney Ron Read said where the 6 month temporary park will be on the site. He pointed out that a C-3 zone does not allow an RV park.

MOTION: (continued) Commissioner Stout said she will add to her motion that there be no RV use in the C-3 zone. Commissioner Burks seconded the motion. All voted aye.


C. Consider a request for a condition use permit to operate a once a week country western dance and instruction special event in the Blue Bunny Ice Cream Parlor located at 20 North Main Street within the C-4 Central Business District Commercial zone. Mr. Brian White, representative for Utah Country Dance. Case No. 2005-CUP-045

Planner Ray Snyder said the applicant is present this evening. The proposed dance and instruction event would be on Thursday night from 9:30 p.m. to 10:00 p.m. for dance instruction and 10:00 to 12:30 p.m. for open dance sessions. They plan on using the parking space that is connected to the Blue Bunny building. Ray said Blue Bunny has arranged to move all the chairs and tables for the dance floor area. He does have a letter from Blue Bunny management that is supportive for this use.

Brian White said they mostly do line dancing and cha cha. They would like to come to our community.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval for a condition use permit to operate a once a week country western dance and instruction special event in the Blue Bunny Ice Cream Parlor located at 20 North Main Street within the C-4 Central Business District Commercial zone. Mr. Brian White, representative for Utah Country Dance. Commissioner Burks seconded the motion. All voted aye.


WALL HEIGHT

A. Consider a request for a retaining wall to exceed ten (10') feet in height up to a maximum of sixteen (16') feet for Lots 126 and 127 within Bloomington Hills Phase 12 located at 2115 South and 2125 South Harmony Place. Mr. Floyd Jackson, representative. Case No. 2005-WH-004
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Planner Mark Bradley said this item was heard in great detail at the last Planning Commission meeting on November 22, 2005. Therefore, he will turn this time over to the applicant.

Floyd Jackson said he is the engineer for the wall. They are back tonight to address the wall and the aesthetics. The wall is built and he did get a permit. If he tears the wall down and complies with the ordinance he wonders if the City could tell the difference if they stepped the wall back 4 ft.

Wayne Rogers works for Applied Geotechnical and did the design on the wall. The first thing that happened on this wall is it had quite a slope down on the lot. One of the reason they wanted to get the wall height up as far as they did, is because of drainage. There is a drainage easement along the west side of this parcel. Wayne said they looked at several other options.

Wayne said part of the design of the wall a geotechnical study was completed by another and reviewed. The site was sufficient for stability of retaining the proposed backfill and residence. The design included the first block layer was to be completely buried. Wall to include concrete blocks with a dimension of 2 ft. high, 2 ft. deep and 4 ft. long. Geogrid to extend 2/3 the height of wall into the fill and be placed at every block layer. The on site soil was suitable for backfill and should be compacted.

Wayne presented the wall design. Wayne went over the general notes of the wall design and. presented slides of the wall.

Wayne said as mentioned there were some concerns about the aesthetics. The ordinance states the block wall shall be painted to match the existing surrounding landscape. He presented slides of the existing landscape in the area. It is out in the flood plain area. He presented slides of other block walls that were painted to match the landscaping. That is something they could do to mitigate that wall.

There was discussion on the psi mix of concrete.

Commissioner Campbell asked about the shims and the gaps between the block wall. Wayne said he did not notice those when he was out there. The reason those shims are there is to get the wall straight.

Commissioner Stout said they want landscaping around these walls. Wayne said there are a couple of reasons for not supporting landscaping around the wall. One is the walls are designed to handle the water, but in this case the water would saturate the soil which would make it weaker. There will be some settlement to the soil and the wall.

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Commissioner Clayton asked how they intend to catch the water. Wayne said they plan on putting a pipe along the walk-out basement and then daylight out onto the west side.

Council Member Suzanne Allen returned at 8:30 p.m.

Dr. Dave Nichols is a lot owner in this area. He spoke on the construction of the wall and the height. He presented two bags of soil to the commissioners which he gathered from the site. He said he has measured the wall at every different level. The wall is 18 ft. in height. Dave said the blocks are 6 ft. long instead of 4 ft. long as the engineer reported. He feels the wall will fail.

Ronald Parker said his concern is what was specified and was not adhered to during construction. He knows this wall is substantial. He asked the board to consider the information he has supplied the commissioners.

Nick Lanzilotta said he looks out from his view lot and what he sees is this wall. The CC&Rs prohibit a concrete wall of this limit.

Deputy City Attorney Ron Read said if they get the adjacent property owners permission, wall height can exceed 6' and up to 10'.

Deputy City Attorney Ron Read said Section 10-18-2 the first part of subsection C you follow those requirements. The first part of the paragraph does not apply but the second part does.

Mark Bradley said on the Community Design Guidelines talks about the retaining walls and how to step the wall up a hill.

Commissioner Taylor called for a vote.

MOTION: Commissioner Taylor made a motion to recommend to City Council denial as presented and request the engineer and contractor meet City code. Commissioner Stout seconded the motion.

Motion carries with a 4 to 3 vote for denial.

Chairman Almquist voted aye Commissioner Bracken voted nay
Commissioner Campbell voted aye Commissioner Clayton voted nay
Commissioner Taylor voted aye Commissioner Burks voted nay
Commissioner Stout voted aye

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B. Consider a request for a series of retaining walls to exceed ten feet (10') feet in height to retain the rear portion of Lot 311 of the Shadow Mountain Phase 8 Subdivision located off 1160 West Circle. The proposed retaining wall would consist of two vertical planes, a sixteen (16') foot lower retaining wall, with a five (5') foot terraced offset and a fourteen (14') foot upper retaining wall. The surrounding Lots are 310, 312, 326-328. Mr. Steve Kemp, applicant. Case No. 2005-WH-005

Planner Mark Bradley presented color rendering of the lot. Mark said the proposed retaining wall would consist of two vertical planes, a sixteen (16') foot lower retaining wall, with a five (5') foot terraced offset and a fourteen (14') foot upper retaining wall.

Mark said staff comments are;

1) Walls with a vertical plane of 10 ft. or less would not be required to go to the Planning Commission for approval. A series of 10 ft. terraced walls would be allowed as long as the adjoining property owner(s) agreed to a height over 6 ft. (vertical plane). All retaining walls, retaining 4 ft. or more are to be engineered and require a building permit.
2) The proposed retaining walls would run along the rear yard and portions of the side yards. The adjacent property owners have signed a sheet agreeing to a height that would exceed 6 ft.
3) Staff has advised the applicant to step the walls at 10 ft or less increments.
4) Staff recommends the retaining walls follow the guidelines of the City ordinance and be stepped to form benches. The lot depth would allow the proposed house plan with a three tiered retaining wall.

Commissioner Taylor said the clarification should be if one wall is 10 ft. or less they dont need to see it, but if over 10 ft. then it should come before the Planning Commission. Mark said this needs to be clarified so staff can advise the community correctly.

Bob Nicholson said the way they interrupt the ordinance is that if there is one wall with over a 10 ft. vertical plane then it needs to come to Planning Commission. But if there are two six ft. vertical walls with a bench, then it does not go to Planing Commission.

Steve Kemp the applicant said he is here to get permission for the wall before it is constructed. The lot is steep from the back of the curb to the back of the lot - it drops 40 ft. They looked at several other possibilities. He went over about how he and the other lot owners (lot 310 and 312) want their walls to work together.


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Steve said all the adjacent property owners have approved his design. Soil testing was done on his property. There was a geogrid done. He gave specific instructions to AGEC that they will be responsible for the development of the wall. Steve said they have looked at several different possibilities on how to stain the block wall.

Mark said this item came before you because of the 10 ft. wall. If they need to make changes to this ordinance please direct staff to do so.

Commissioner Campbell said the applicant could do three 9 ft. walls with 5 ft. offsets. That way it only takes 10 ft. off the property.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval for a request for a series of retaining walls to exceed ten feet (10') feet in height to retain the rear portion of Lot 311 of the Shadow Mountain Phase 8 Subdivision located off 1160 West Circle. The proposed retaining wall would consist of two vertical planes, a sixteen (16') foot lower retaining wall, with a five (5') foot terraced offset and a fourteen (14') foot upper retaining wall. The surrounding Lots are 310, 312, 326-328. Mr. Steve Kemp, applicant. Commissioner Burks seconded the motion.

Commissioner Clayton also added to the motion that there be a coloring process which will satisfy staff.

The motion failed with 3 ayes and 4 nayes

Commissioner Stout voted nay Commissioner Taylor voted nay
Chairman Almquist voted nay Commissioner Campbell voted nay

Commissioner Burks voted aye
Commissioner Clayton voted aye
Commissioner Bracken voted aye

Chairman Almquist made some comments regarding the side walls.

2nd MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a request for a series of retaining walls to exceed ten feet (10') feet in height to retain the rear portion of Lot 311 of the Shadow Mountain Phase 8 Subdivision located off 1160 West Circle. Mr. Steve Kemp, applicant, subject to having the walls be tiered with three walls at 10 ft. and having the walls offset by City engineering requirements for a setback, but that the side walls dont require a bench. Sewer requirements as agreed upon by City Engineers. Commissioner Campbell seconded the motion. All voted aye.


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PRELIMINARY PLATS

A. Consider a preliminary plat request for Firenze with 54 single-family residential lots located at approximately 1130 South and 3000 East. Mr. Cary Blake, applicant. Case No. 2005-PP-056

Planner Mark Bradley said this is previously agricultural land. It is currently R-1-10 zoning which took place on September 22, 2005. Staff would recommend denial of the request.

Cary Blake the applicant said the reason he designed this type of layout is because 3000 East Street is a very heavily traffic road.

Jay Sandberg City Engineer said on 3000 East there is a hump on the road. As the quadrant develops they will look at lowering 3000 East. The main trunk line comes down 3000 East.

Commissioner Clayton asked if the 72-inch drain line has to go in first before the subdivision. Jay replied yes.

Council Member Allen said this is everything the City Council is talking about when it comes to too many cul-de-sacs in one subdivision. She believes this will not get pass City Council.

Bob Nicholson said is it possible to have the homes face the 50 ft. road and do away with the double frontage road on the north. The City looks at cul-de-sacs as being the last resort for subdivision design, and roads should connect where feasible.

Commissioner Clayton called for a vote.

MOTION: Commissioner Clayton made a motion to recommend to City Council table this item until the first meeting in January. Commissioner Burks seconded the motion. All voted aye.


B. Consider a preliminary plat request for West Bend with 6 single-family residential lots located off Indian Hills Drive between the Shadow Creek Subdivision and the Southwood Meadows Subdivision. Mr. Roger Nelson, applicant. Case No. 2005-PP-058

Jay Sandberg City Engineer said on Indian Hills Drive there is a sharp bend. To get site distance they will need to cut back into the hill and move the road back. They will stake it out in the field. The applicants came out and met with staff just before the flood last January. Jay pointed out 20 ft. easement for river maintenance which will be dedicated to the City.

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Commissioner Clayton said he cant believe they can get 6 lots in this area. Jay said lots 3 and 4 are limited and lot 1 has a sewer line that runs through it which will restrict them.

Zachary Renstrom with Bush and Gudgell said with cutting out the hillside this will improve the road for site distance.

Council Member Allen asked if there is trail access along that berm. Zach said it has not been addressed.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a preliminary plat request for West Bend with 6 single-family residential lots located off Indian Hills Drive between the Shadow Creek Subdivision and the Southwood Meadows Subdivision. Mr. Roger Nelson, applicant, subject to lots 3 and 4 find buildable area on the lots. Commissioner Taylor seconded the motion. All voted aye.

C. Consider a preliminary plat request for Vista Del Cielo with 4 single-family residential lots located at approximately 2620 East and 1450 South. Mr. Arturo Del Toro, applicant. Case No. 2005-PP-059

Planner Mark Bradley said the applicant has exceeded the lot size.

Arturo Del Toro the applicant said the name means View of the Sky. The applicant explained his project to the Planning Commission.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of preliminary plat request for Vista Del Cielo with 4 single-family residential lots located at approximately 2620 East and 1450 South. Mr. Arturo Del Toro, applicant. Commissioner Burks seconded the motion. All voted aye.


PUBLIC HEARING - ZONING REGULATIONS AMENDMENT

Consider a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 8 Planned Development Zone to provide site development standards for mixed-use projects where both commercial and residential uses occupy the same building. City of St. George, initiated. Case No. 2005-ZRA-012

Bob Nicholson said there are PD regulations for residential and commercial projects, but not for both residential and commercial in the same building. The request that staff has received is PLANNING COMMISSION
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asking for living quarters on the second or third level of the retail stores and office buildings. Staff has two projects that have requested to do a mixed-use project in the same building.

The height issue was discussed.

Commissioner Stout asked why the 40% of non-reflective glass on the ground level. Bob said on the ground floor we want a considerable amount of visibility.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 8 Planned Development Zone to provide site development standards for mixed-use projects where both commercial and residential uses occupy the same building. City of St. George, initiated. Commissioner Clayton seconded the motion. All voted aye.


MINUTES

Consider approval of the Planning Commission minutes of the October 11, 2005 and October 25, 2005 meetings.

MOTION: Minutes were approved with minor corrections.


Meeting adjourned at 10:35 p.m.