Planning Commission Minutes

Tuesday, January 10,2006



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
January 10, 2006


PRESENT: Chairman Gil Almquist
Commissioner Ross Taylor
Commissioner Kim Campbell
Commissioner Vince Clayton
Commissioner Chapin Burks
Commissioner Ron Bracken

CITY STAFF: Deputy City Attorney Ron Read
Community Development Director Bob Nicholson
Planner Mark Bradley
Planner Ray Snyder
Engineer Cathy Hasfurther
Deputy City Recorder Linda Brooks

EXCUSED: Council Member Suzanne Allen



CALL TO ORDER

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

Chairman Almquist said before he reads item 1 into the agenda it is his understanding that this item will be tabled or continued so that Planning Commission and City Council can arrange a site visit before this item is heard.

Planner Mark Bradley said there was no representative here this evening to speak on behalf of this item. Chairman Almquist said they will hear item 2B for now until representation shows for item 1 and 2A.

PUBLIC HEARING - ZONE CHANGE

B. Consider a zone change request from A-1 (Agricultural) to RE-12.5 (Residential Estates) with a development agreement 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


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Planner Mark Bradley this item was on the last Planning Commission meeting on Dec 13th. At that time it was for an RE-20 acre size lots. Now they have made an adjustment to their request for RE-12.5 with a development agreement and they would not have more than two (2) dwelling units per acre. This site is south of the Bridle Gate and includes a portion of the irrigation canal. Mark presented the proposed layout of 24 single-family lots. The applicant will donate part of the area for equestrian trails.

Mark said staff comments are; 1) the request would be consistent with the general plan land use map based on density, 2) a copy of the draft development agreement should be available at the Planning Commission meeting. Questions on dedications, improvements, and maintenance are to be addressed, and 3) the proposed layout appears to meet the Citys goal and objectives with the street layout and connectivity, lot frontage, and continuation of the equestrian trail.

Cameron Cutler representing Foresite Development said in the layout of this land they have to include the extension of Seegmiller being the full width and Washington Fields canal. This limits the area of developable lots. The one thing they are trying to do is to keep these lots and homes smaller so they can be lower price homes. The draft of the developers agreement does state the right-of-ways that would be dedicated to the City for the exterior roads. The equestrian trails will be maintained by the HOA and the area just north of the canal would be maintained by the City.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a zone change request from A-1 (Agricultural) to RE-12.5 (Residential Estates) with a development agreement on 12.0 acres located at southeast corner of the intersection of 3000 East and Seegmiller Drive. Mr. Ken Richmond, representative. Commissioner Clayton seconded the motion. All voted aye.



Chairman Almquist said there is representative here for item 1 and 2A. Chairman Almquist said item 1 was already read into the record.

PUBLIC HEARING - GENERAL PLAN AMENDMENT

Consider a request to amend the General Plan - Land Use Map to change the land use designation of Open Space to Low Density Residential (up to 4 du/ac) on 73.3 acres on property located west of Tonaquint Drive, south of Tonaquint Terrace Subdivision, and north/northwest of the Estates of Bloomington Subdivision. Quality Development and State Trust Lands, applicants. Case No. 2005-GPA-006


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Planner Mark Bradley said this request is to amend the general plan - land use map to change the land use designation of Open Space to Low Density Residential (up to 4 du/ac). Mark pointed out the exhibits. On the west side is Washington County property. To the north you have low density residential and on the east, south, and west it is open space. This is an opportunity for the City to preserve existing open space land. Mark pointed out open space policies which is in the Citys General Plan under Section 6.10 and Section 6.10.1.

Mark explained how the site has a sensitive ridge line and consists of unique rock outcroppings. It would be a real disservice to the community to disturb some of these rock formations in this area.

Commissioner Clayton asked how this came into the City as Open Space. Mark said he believes this was annexed in St. George during the 1980's when Bloomington was incorporated into the City of St. George.

Bob Nicholson said the Bloomington master plan was platted in the late 1970's and was annexed into the City during the 1980's.

Jim Raines with Bush and Gudgell said there has been some discussion whether they will ask for a PD Residential or an R-1-10 zone. He indicated that they proposed to pull out 26 acres in the 73.3 acres for a public park. There is also a 5 to 6 acre area they are also setting aside for an improved public park. Jim said the major rock formation areas they are trying to set aside are located to the east of the subject property.

Bob Nicholson clarified to the Planning Commission that the 26 acre area Jim Raines described is not part of the acreage site being discussed tonight.

David Bell, a consultant with SITLA said this area is a unique piece. The issues on this land are surface rock and slope. The landscape in this area consists of grass, shrubs and surface rocks. They have been on the site and looked at aerial photos and viewed the surface rock areas. The bigger boulders have been set aside and will be saved. There will be quite a bit of area that will be set aside for a park. They have looked at every building pad to see how they can build on the site and save those areas that need to be saved. This area has slope and surface rock issues. There are 73 acres and they have 72 lots.

Curt Gordan with SITLA said in the rock area they have included two types of recreational uses. The recreational area will come to the City in some form - the City will not have to pay for it.


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Chairman Almquist said what provisions are in place to prevent a lot owner destroying the features within their own lot. Curt said there are two ways to control that. 1) a deed restriction and the other is a code conveyances restriction. They are open to other options. Curt said the quality of this land dictates to preserve the land.

Bob Nicholson said the general plan request would probably be more realistic under a very low density which is up to 1 unit per acre. The point is when they get to the zoning it will be highly criterial. Bob pointed out other areas in the site plan where there are other places that need to be preserved.

Curt Gordon said if there needs to be changes in the proposed plat then they would be willing to make reasonable changes. He also said there is a 100 ft. setback at the top of the ridge for those lots that are there.

MOTION: Commissioner Burks made a motion to recommend that Planning Commission arrange a site visit to this area. Commissioner Taylor seconded the motion.

Commissioner Bracken and Commissioner Clayton voted nay
Commissioner Burks, Commissioner Taylor, Commissioner Campbell and Chairman Almquist voted aye. Motion passes with a 4 to 2 vote in favor.

The date is set for Wednesday, January 18th at 4:00 p.m. for a site visit. They will meet at the Methodist Church site on Tonaquint Drive and car pool to the site.


PUBLIC HEARING - ZONE CHANGES

A. Consider a zone change request from OS (Open Space) to R-1-10 (Single Family Residential) on 73.3 acres located west of Tonaquint Drive, south of Tonaquint Terrace Subdivision, and north/northwest of the Estates of Bloomington Subdivision. Quality Development and State Trust Lands, applicants. Case No. 2005-ZC-037

Chairman Almquist stated this item will be postponed until the next meeting or until their site visit is complete.

CONDITIONAL USE PERMITS

A. Consider a request for a condition use permit to construct a single family residence and a duplex on a 15,000 sq. ft. site located at 320 South, 100 West. The property is zoned RCC (Residential Central City). Brad Oliverson, applicant. Case No. 2005-CUP-039
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Planner Ray Snyder said the applicant has requested this item be tabled to the next Planning Commission meeting.

B. Consider a request for a condition use permit to construct a detached accessory RV garage that would exceed the allowable height of fifteen feet (15') up to approximately twenty-two feet two and one half inches (22'-2-1/2) high. The property is located at 520 Churchill Drive in Bloomington. The property is in the R-1-10 zone. Mr. and Mrs. Harker, applicants. Case No. 2005-CUP-046

Planner Ray Snyder said this request is to construct a residential garage. The request has been approved by the Bloomington Architectural Control Committee. It will be single-story structure to house the applicants RV. The applicant will have a wash up area attached to the structure.

Paul Harker, the applicant said the bathroom is basically for their pool area use. One portion of the garage will have an overhang which will be used for a shade area. There will be no living in the garage.

Kevin Hansen a neighbor in this area feels that this garage is not intrusive to any neighbors in the area. The neighbors were all checked with before coming to Planning Commission.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request for a condition use permit to construct a detached accessory RV garage that would exceed the allowable height of fifteen feet (15') up to approximately twenty-two feet two and one half inches (22'-2-1/2) high. The property is located at 520 Churchill Drive in Bloomington. The property is in the R-1-10 zone. Mr. and Mrs. Harker, applicants. Commissioner Taylor seconded the motion. All voted aye.


C. Consider a request for a conditional use permit to construct a food court and a Fuel Tec fueling center as part of a proposed industrial building site on Lot #1 of the Ft. Pierce Industrial Park located at the northeasterly corner of the intersection of River Road and 3850 south. The property is zoned M-1 (Manufacturing). Mr. Mark Burgess and Mr. Kevin Abraham, applicants. Case No. 2005-CUP-047

Planner Ray Snyder said there are two items on the staff report. The first one is to determine a significant change to the M-1 zone and the second item is the conditional use permit for this type of use.

Ray presented plans of the subject site. Ray said the applicants propose to operate the Fueling Center offering diesel and unleaded gas on a 24-hour unattended basis. Primarily for fleet

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accounts and credit card uses. A driveway off of River Road and 3850 South are proposed for access on the site plan. The applicants propose 15,004 sq. ft. (27.94%) of the conditional use area of the site plan to be landscaped. Street trees are required per the City tree ordinance.

Ray stated that staff recommends approval.

Mark Burgess the applicant said he recently moved his business out in the Ft. Pierce Industrial Park area. He believes there is a need for this type of use in this area. In his opinion this will be used as a fleet gas fueling area. Mark said there are several companies out there that do have their own fueling station for their fleet.

Commissioner Taylor asked if this is approved an for M-1 zone then is it not approved for the M-1 zones throughout the City? Ray replied that the fueling station is not a listed use at present. If you approve this use tonight then it will apply to all M-1 zones. The Conditional Use Permit is for the Food Court. This request is site specific.

Bob Nicholson said food services have been approved in the old M-1 area. It does keep people from traveling downtown for lunch breaks.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a conditional use permit to construct a food court and a Fuel Tec fueling center as part of a proposed industrial building site on Lot #1 of the Ft. Pierce Industrial Park located at the northeasterly corner of the intersection of River Road and 3850 south. The property is zoned M-1 (Manufacturing). Mr. Mark Burgess and Mr. Kevin Abraham, applicants, subject to two conditions; 1) no over night parking of trucks be allowed and no shower facilities for truck drivers, 2) the landscaping plan be submitted to City Council. Commissioner Clayton seconded it.

DISCUSSION ON MOTION
Deputy City Attorney Ron Read said they might need to amend it a little bit because the Conditional Use Permit is for the one aspect and if they could have some language that the fuel center portion is in harmony with other uses in the area.

Commissioner Burks accepted what Deputy City Attorney said into his motion. Commissioner Clayton seconded it. All voted aye.


Commissioner Clayton stepped down for the next item due to conflict of interest.

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PRELIMINARY PLAT

Consider a preliminary plat request for Las Hurdes Townhomes Phase 2 with 17 townhome units located at Shadow Point Drive and Las Hurdes Drive. Ence Homes, applicant. Case No. 2005-PP-060

Planner Mark Bradley said this phase is on 1.401 acres. The applicant is proposing 12.13 dwelling units per acre. This is between phase 1 and Las Hurdes Townhome units. Mark said Building 4 (units 12-17) and Building 5 (units 18-22) would face Shadow Point Drive and Las Hurdes Drive. Building 6 (units 23-26) and Building 7 (units 27-30) would be in the interior of the development. The access would be from Las Hurdes Drive.

Mark said they are proposing a 2-car garage beneath the 2-story dwelling. Ten guest parking stalls would be provided on the easterly side of the phase between Building 4 and Building 7.

Mark said staff comments are as follows;

1) The site layout does not provide the element of neighborhood design where the dwelling units face different directions but does eliminate the need for privacy walls. One option for this site is to have Building 6 (or a portion of - two or three units) face Las Hurdes Drive. This would create more of a court yard in the center of the development for a more useable and functional recreation/neighborhood area. The unit(s) that would not fit in the realignment could be attached to Building 7. Building 7 could be separated to create a cluster of two or three units.
2) There is only one access based off of site distance with the existing Las Hurdes Drive alignment.
3) The density exceeds the general plan based on the existing zoning.
4) Several of the Shadow Mountain residents have met with the applicants representative to discuss grading and landscaping. The entrance (door) is to be one foot above the street grade, no rock retaining walls along the street (as was done on phase 1) and street trees would be the 24-inch box trees.
5) The building design and material would be similar to the phase 1 development located west of this site.

Commissioner Taylor asked about this phase having only one access off the main drive. Is that a problem with the fire department, does anyone have concern about fire access? Mark said they have access all along the street. There has not been any concerned about having one access.


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Eric McFadden with Rosenberg Associates said he has talked to Kevin Taylor the Deputy Fire Marshall. The developer will do an emergency access on the bottom area which would come out onto the street and the Deputy Fire Marshall has already approved that. Eric said in the detention area they are required to maintain. This layout best helps them with the detention area.

Linda Kanaca a resident of Shadow Mountain said she was not notified of this change. The neighbors found out about the change in the newspaper. Their concern is the parking. It is a very high density area. She was concerned if there was enough green space for the children to play.

Korey Kinder with Ence Development said in the CC&Rs they did address the parking. They did meet with the adjacent neighbors. As far as detention area it will be landscaped for play areas. They do exceed the requirements for the open space area that is required for this development.

Bob Nicholson said this property was changed back in 1986. This has been changed over 20 years.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat request for Las Hurdes Townhomes Phase 2 with 17 townhome units located at Shadow Point Drive and Las Hurdes Drive. Ence Homes, applicant. Commissioner Bracken seconded the motion. All voted aye.


Chairman Almquist asked for the next item to be heard and then they will go back to the Hillside Development Permit items.

DETERMINE SIGNIFICANT CHANGE

Determine whether omitting the clubhouse from the Lakota Planned Development is a significant change to the zone and would require a public hearing or not. Ence Homes, applicant. Case No. 2006-DSC-001

Planner Mark Bradley this request is coming before you tonight is because a club house is in the original PD text. This development has switched hands since that time. Ence now owns the subdivision and they would like to omit the club house. The details of ownership staff will need to have in the file why this club house was not build.


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Korey Kinder with Ence Homes said he feels that this development does not warrant a full blown club house. They do have the bathrooms and landscape areas next to the pool. There has been no sales or holds put on any piece of property in this subdivision.

Commissioner Campbell said why not the club house. Korey replied 82 homes cannot support a club house. They end up spending half of their HOA dues supporting the club house.

MOTION: Commissioner Burks made a motion to recommend that the club house can be omitted due to the fact no homes have been sold and it is not a significant change and plans showing the revised open areas will be included in all literature for future homeowners. Commissioner Taylor seconded the motion. All voted aye.


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

HILLSIDE DEVELOPMENT PERMITS

A. Consider a request for a hillside development permit associated with the Bella Vista Subdivision at Sunbrook to landscape the surrounding hillside slopes located at Sunbrook Drive and Luce Del Sol Drive. Mr. Marc Fonger, representative. Case No. 2005-HS-015

Planner Mark Bradley said the subject site is the hillside off of Sunbrook Drive and Luce Del Sol Drive below the Bella Vista at Sunbrook subdivision. Much of the hillside has been previously disturbed as part of the construction of the Sunbrook development around 1990. The soils are expansive. Along Luce Del Sol Drive they are proposing a 6 ft retaining wall which is almost already in. With the retaining walls they are proposing a 10 ft. landscape strip between the curb and the retaining wall because there will not be a sidewalk on this side. Then there will be a 10 ft. landscaping strip between the two retaining walls. Then no more landscaping on the hill other than the rock.

Mark said the Hillside Review Board initially visited the site on November 16, 2005. The item was tabled because the plans did not match the site and were not engineered. The plans were revised and engineered. The Hillside Review Board re-visited the site on December 21, 2005 and recommends approval with the requirement to provide a planting plan with 24" box trees to be planted every 30-40 ft. along Luce Del Sol Drive and plants throughout. No water system is to be installed above the second retaining wall.



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MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a request for a hillside development permit associated with the Bella Vista Subdivision at Sunbrook to landscape the surrounding hillside slopes located at Sunbrook Drive and Luce Del Sol Drive. Mr. Marc Fonger, representative, subject to the Hillside Review Board recommendations Commissioner Burks seconded the motion. All voted aye.


B. Consider a request for a hillside development permit for a proposed single-family residential subdivision (Overlook at Green Valley) located at the old Green Valley Golf Course area at approximately 696 S. Dixie Drive. Mr. Rob Reid, representative. Case No. 2005-HS-016

Planner Mark Bradley said this is the site of the old Green Valley Golf Course. There are a couple of ponds along with the old golf course building located on the property. The site consists of expansive soils. The south road will tie into the existing 750 South. They are trying to stay out some of the steeper slope areas. The soil has some very poor clay areas.

Mark said the Hillside Review Board visited the site on December 21, 2005. The soil type is a major problem and a challenge for this site. The Hillside Review Board recommends approval of the plan subject to a southbound deceleration lane as per staffs recommendations and that the City engineer work out roadway construction details. Mark said this approval does not approve the size of the lots. The majority of the lots on the northern side are 8,000 sq. ft. or larger. Staff has met with the applicants engineer and look at that. It is Marks understanding that they will come back with a zone change request.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a request for a hillside development permit for a proposed single-family residential subdivision (Overlook at Green Valley) located at the old Green Valley Golf Course area at approximately 696 S. Dixie Drive. Mr. Rob Reid, representative, with the clarification that this approval does not include a recommendation for the lots as layout in their packets and incorporate the Hillside Review Boards recommendations. Commissioner Taylor seconded the motion.

Chairman Almquist and Commissioner Burks voted nay
Commissioner Clayton, Commissioner Taylor, Commissioner Campbell, and Commissioner Bracken voted aye

The motion passes with 4 to 2 vote.


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PUBLIC HEARING - ZONING REGULATION AMENDMENT

Consider a request to amend the St. George City Code, title 10 Zoning Regulations, Chapter 11 Manufacturing Zones to establish site development standards for the Ft. Pierce Industrial Park. City of St. George, initiated. Case No. 2006-ZRA-001

Bob Nicholson said the Ft. Pierce Industrial Park have CC&Rs which is similar to the Millcreek Industrial Park. It has been agreed that the City will try to bring the code in compliance. Bob read off the special provisions they would like to add to Chapter 11 Manufacturing Zones (M-1, M-2)

Bob read into the record the following changes;

The maximum height would be forty feet (40') except for the Ft. Pierce Industrial Park which as a 50 ft. height limit.

Special standards for Ft. Pierce this would be added regarding loading docks, landscaping, building height and additional prohibited uses.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a request to amend the St. George City Code, title 10 Zoning Regulations, Chapter 11 Manufacturing Zones to establish site development standards for the Ft. Pierce Industrial Park. City of St. George, initiated. Commissioner Clayton seconded the motion. All voted aye.


Meeting adjourned at 7:30 p.m.