Planning Commission Minutes

Tuesday, March 14,2006



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
March 14, 2006


PRESENT: Chairman Gil Almquist
Commissioner Chapin Burks
Commissioner Vince Clayton
Commissioner Ron Bracken

EXCUSED: Commissioner Ross Taylor
Commissioner Kim Campbell
Council Member Gail Bunker

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Director Bob Nicholson
Planner Mark Bradley
Planner Ray Snyder
Engineer Jay Sandberg
Deputy City Recorder Linda Brooks



CALL TO ORDER

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

The vote will need to be a unanimously vote due to the fact there are only 4 members.

PRELIMINARY PLATS

A. Consider a preliminary plat request for Palomar with 76 single family lots located southeast of Foremaster Ridge between the new Riverside Drive extension and the Virgin River at approximately 2000 East Riverside Drive. Mr. Rich Lewis, applicant. Case No. 2006-PP-004

Planner Mark Bradley said this has gone through the Hillside Review Board back in December 1, 2005. This has also gone through a zone change. Mark said the public streets are 50 ft. with one 45 ft. road out along the ridgeway. The reduction in the right-of-way was to increase the setback from the ridge line along the Virgin River. There are a couple of items that need to be addressed with the construction drawings which would be the required landscaping detail plans, the fencing required for the grading. As far as staff comments for this proposed development any consideration would be subject to Hillside Review Board comments. Staff has met with the

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applicant and explained the City Council directives as far as connectivity between trails and streets and open space. This particular area is bound by the river. They are showing a proposed private trail that would connect down to tie into the Virgin River trail. All along the easterly side its fairly steep. Mark said the proposed height of the retaining wall between rear lots range from 8 to 13 ft. in height. There may be another 5 ft. above that, so that is a very significant wall. The applicant needs to explain why that would be the only layout for that site. The walls will be concrete not rock walls. Mark said the applicant could provide more open space which the HOA could use as an open park for the area.

Chairman Almquist asked if they were building the homes or are you selling lots and having the buyer hire their own builder? Jacob Bean with Rosenberg Associates replied he believes that they will be building the homes. Chairman Almquist asked about the open space. Jacob said he will need to talk to Rich Lewis the applicant about the open space.

Commissioner Clayton asked if they could request that much of an open space within a subdivision. Mark Bradley replied there really has not been any open space that has been addressed yet. This is one area though that could be addressed. The discussion with council is not the size of the lot but to have more open space.

Chairman Almquist said what are the directives that were given out by City Council. Mark said there have been several City Council meetings which have been televised and also been recorded into the minutes. They want to see street connectivity, trail connectivity and more clusters of variations and size of lots. They are more concerned with the design and layout. This applicant has gone through Hillside and a zone change but the question is can adjustments be made to address the changes requested by council.

Chairman Almquist said to take this rooftop and have it not look like roof tops straight across would require a great deal of a design. Commissioner Clayton said this would lower the cost of housing in this area. Removing 6 lots from a project and introduce a very expensive HOA maintenance is a very big deal. Mark said depending on the size of the area you would be looking at 4 lots not 6. Mark said it is his responsibility to point these issues out.

Bob Nicholson said in recent City Council meetings the council has not been confortable with the subdivisions. They have said neighborhood parks should be the responsibility of the developer. They should develop an ordinance to put that responsibility where it should be on the developer. Maybe it is not fair to apply the rules until there is an ordinance in place.



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Chairman Almquist said this particular developer said they will develop the landscaping in the front which would require an HOA to maintain. He would suggest to delay this to see if the applicant does arrive. They will move onto another item at this time.

Revisited this item after two other preliminary plats where heard when the applicant arrived.

Rich Lewis said along the south and west and southeast was given to the City around 25 acres for trails and open space. He cant understand that the City would want more open space from this property. For one thing he started out with 80 lots now they are down to 76 lots.

Commissioner Bracken asked if he was for the park idea. Rich replied he is not. Rich said the entire road is on City property that come off Riverside Drive which will be paid for by Rich.

Mark said the applicant is correct that they could put the road in on City property if they paid for the improvements.

Jay Sandberg said the council is out front of this request. He said he would be surprised if the council would approve this today. The last preliminary plats that have been presented to council the applicant has approved There have been two work meetings with council on this issue. They are not concerned about density they are concerned about the way the subdivision looks. They want to see smaller lots and connectivity within the subdivisions.

Chairman Almquist said the Planning Commissioners have not been made aware for this change of smaller lots and connectivity within the subdivisions.

Deputy City Attorney Paula Houston said it is in the works but it has not been adopted yet. There will be a temporary ordinance in place for six months. The new ordinance will give more flexibility to council to make changes in the plans to what they want to see. She said they would be operating under the current ordinance for now.

Rich said the streets are public streets. There will be a trail head on the west side of the project. On the east side they have determined that it is too steep so they will put a bridle trail down on the east side. Rich said there will be an HOA to take care of the landscape.





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MOTION: Commissioner Burks said under the current ordinance recommends approval of a preliminary plat request for Palomar with 76 single family lots located southeast of Foremaster Ridge between the new Riverside Drive extension and the Virgin River at approximately 2000 East Riverside Drive. Mr. Rich Lewis, applicant, and include compliance with the hillside development permit conditions of approval and hillside ordinance. Commissioner Clayton seconded the motion. All voted aye.

Chairman Almquist said the height of the proposed retaining wall along the rear lots could you make a motion that on top of the wall they use wrought iron. Commissioner Burks added that into the motion and Commissioner Clayton seconded the addition.


B. Consider a preliminary plat request for Cornerstone with 24 single-family lots located at the southeast corner of the intersection of 3000 East and Seegmiller Drive. Mr. Bill Haltom, applicant. Case No. 2006-PP-008

Planner Mark Bradley said this item came through with a zone change and was approved by City Council with a voluntary development agreement on February 16, 2006. Since they went through the Planning Commission they have made some adjustments. They have put a trail through the middle of the subdivision to connect to the equestrian trails along 3000 East Street and along the Washington Irrigation Canal. Mark said the development agreement still needs to be finalized and they did receive their revised cross sections.

Jay Sandberg City Engineer there has been several subdivisions that are fronting the irrigation canal. This particular area the County has plans to pipe the canal and they are working with the City to incorporate some drainage. In the next few meetings you may see some other subdivisions where the County is not piping the canals. It is his understanding this canal will be piped in the next year or so. In the minimum the canal should be fenced.

Bill Halton said they are extending Seegmiller Drive and on the north side of Seegmiller Drive they are putting a 10 ft. landscape area which will be part of their HOA. They will put a block wall along that. The future piping when that goes underground it will make a great jogging area. But in the meantime they will have a fence along the canal.




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MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a preliminary plat request for Cornerstone with 24 single-family lots located at the southeast corner of the intersection of 3000 East and Seegmiller Drive. Mr. Bill Haltom, applicant, with the conditions of staffs comments be met and applicants willingness to have a fence along the canal. Commissioner Bracken seconded the motion. All voted aye.


C. Consider a preliminary plat request for Rocky Bluffs with 3 single-family lots located at 2155 South and 2350 East. Mr. Leon Grover, applicant. Case No. 2006-PP-009

Planner Mark Bradley said this was before the board back in 2004 for a lot split. Then in March 2005 it was approved for a zone changed from A-1 to RE-20. Mark said easements will be done on the required parcels. Staff recommends the front setback or the setback from Lot 1 would be a minimum 20 ft. and the side and rear setbacks comply with the RE-20 zone of 10 ft. Lot 2 is a proposed flag lot. The Planning Commission is to specifically approve each flag lot. The retention area on Lot 3 is to be a detention area. Easements are required around each of the proposed lots.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for Rocky Bluffs with 3 single-family lots located at 2155 South and 2350 East. Mr. Leon Grover, applicant, subject to staffs recommendations. Commissioner Bracken seconded the motion. Chairman Almquist said part of the motion should also address the requirement for Planning Commission is to find that the flag lot is the best solution and cannot be subdivided within typical public street frontage either at the present or in the foreseeable future. Commissioner Burks accepted that into the motion and Commissioner Bracken seconded the motion. All vote aye.


CONDITIONAL USE PERMIT

Consider a request for a conditional use permit to construct a detached accessory building/garage that would exceed the allowable height of fifteen feet (15') up to a proposed height of twenty feet ten inches (20'-10") located within the R-1-10 (Single Family Residential) at 517 Belmont Drive, Lot 39 Bloomington Ranches Phase 5. Mr. & Mrs. Newby, applicant. Case No. 2006-CUP-005

Planner Ray Snyder said this request has been reviewed and approved by the Bloomington Architectural Control Committee. The applicant proposes to construct a detached garage. He is asking for approximately a ten-foot (10') setback from the rear property line and ten-foot (10') setback from the effected side yard property line. Staff recommends approval.

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MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a request for a conditional use permit to construct a detached accessory building/garage that would exceed the allowable height of fifteen feet (15') up to a proposed height of twenty feet ten inches (20'-10") located within the R-1-10 (Single Family Residential) at 517 Belmont Drive, Lot 39 Bloomington Ranches Phase 5. Mr. & Mrs. Newby, applicant. Commissioner Bracken seconded the motion. All voted aye.


PUBLIC HEARING - AMEND FINAL PLATS

A. Consider a request to amend the final plat for Shadow Creek Phase 2 located at 710 South Indian Hills Drive for the removal of building pad 23 and the associated limited common area from the original plat. Shadow Creek Homeowners Association, applicant. Case No. 2006-FPA-013

Planner Mark Bradley said they are requesting that the City show the recorded plat as it is now. Staff recommends approval of this request.

MOTION: Commissioner Burks made a motion to recommend City Council approval of a request to amend the final plat for Shadow Creek Phase 2 located at 710 South Indian Hills Drive for the removal of building pad 23 and the associated limited common area from the original plat. Shadow Creek Homeowners Association, applicant. Commissioner Clayton seconded the motion. All voted aye.


B. Consider a request to amend the final plat for Riverwood Phase IV Townhomes located at 1240 West Indian Hills Drive for the removal of building pads 245, 246, and 247 with their associated limited common area and adjoining common area, to relocate and reconfigure pads 251 and 252, and to change the private ownership areas to match the existing dwellings. Brandon Anderson, representative. Case No. 2006-FPA-014

Planner Mark Bradley said this particular plat has the same original changes as before. But the plat was unrecorded because of some unresolved issues. Staff recommends approval.

Danny Jensen owns lot 248 and he didnt know if his lot 248 needs to be mentioned due to the fact that he was at the end of the cul-de-sac which is no longer in existence.

Deputy City Attorney Paula Houston mentioned the flag lot that was not mentioned also.

Mark Bradley said these issues have been addressed before at City Council.
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MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a request to amend the final plat for Riverwood Phase IV Townhomes located at 1240 West Indian Hills Drive for the removal of building pads 245, 246, and 247 with their associated limited common area and adjoining common area, to relocate and reconfigure pads 251 and 252, and to change the private ownership areas to match the existing dwellings. Brandon Anderson, representative, make a clarification that lot 252 has already been considered. Commissioner Bracken seconded the motion. All voted aye.


Chairman Almquist said that Items 2C and 2D cannot be heard tonight due to a lack of a quorum. These items will be tabled to another date.

E. Consider a request to amend the final plat for River Breeze Phase 2 to enlarge building pad #12 (existing home) and reconfigure building pad #13. The subdivision is located at the northwest corner of 900 South and River Road intersection. Mr. Brad Jennings, representative. Case No. 2006-FPA-017

Planner Mark Bradley said Pad 12 has an existing home which is larger than the pad. Pad 13 is vacant. They have reduced the size of pad 13 to make pad 12 larger to accommodate the existing home. They will have to abandoned the easement as part of this amendment. Staff does not see a problem with the request.

Brad Jennings said Pad 12 went 17 ft. over onto Pad 13.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a request to amend the final plat for River Breeze Phase 2 to enlarge building pad #12 (existing home) and reconfigure building pad #13. The subdivision is located at the northwest corner of 900 South and River Road intersection. Mr. Brad Jennings, representative. Commissioner Clayton seconded the motion. All voted aye.


CONSENT ITEMS - FINAL PLATS

A. Consider approval of a final plat for Foremaster Ridge Phase 5 with 43 single-family lots located at 540 South and East Ridge Drive, west of Five Sisters Drive. Mr. Doug Rogers, applicant. Case No. 2006-FP-018



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B. Consider approval of a final plat for Holt Subdivision with 10 single-family lots located at 750 North and Picturesque Drive. Mr. Reid Pope, representative. Case No. 2006-FP-019

Planner Mark Bradley said the two final plats are ready for approval.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of final plats A and B as read into the record and authorize chairman to sign. Commissioner Burks seconded the motion. All voted aye.


Commissioner Burks asked to a comment on Dixie Drive and the traffic issue. He has traveled Dixie Drive and there is not traffic signal between Sunset and Bluff Drive. By his count there are 13 projects on Dixie Drive currently. He will vote no on any projects dealing with any project on Dixie Drive. Therefore, he declares this up front since there is no quorum without his vote and if he votes no and the project fails it would give the applicant an opportunity to decide what to do. He is doing this based on the traffic issue on Dixie Drive and not the project.

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 Very Low Density Residential (up to 1 du/ac) on 73.3 acres on property located west of Tonaquint Drive, south of the Tonaquint Terrace Subdivision, and north/northwest of the Estates of Bloomington Subdivision. State Trust Lands Administration and Quality Development, applicants. Case No. 2006-GAP-006

Planner Mark Bradley stated the brief history on this item which included a site visit. The request has been changed to very low density. Staff again echos the same message, identify first the sensitive areas and then what could be reasonable to develop. Staff does feel that they have reached that point.

Chairman Almquist in light of the fact they have two Planning Commissioners who are not here and Council Member Bunker not present. They need all four votes - in the past the applicant can ask for another date to be heard.

Curt Gordon said he would prefer to have the full commission here. Curt said he wants to make sure that the board has the revised plan during their next meeting.

MOTION: Commissioner Bracken made a motion to table this item by the request of the applicant. Commissioner Clayton seconded the motion. All voted aye.

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PUBLIC HEARING - ZONE CHANGES

A. Consider a zone change request from OS (Open Space) to R-1-40 (Single Family Residential) 0n 73.3 acres located west of Tonaquint Drive, south of the Tonaquint Terrace Subdivision, and north/northwest of the Estates of Bloomington Subdivision. State Trust Lands Administration and Quality Development, applicants. Case No. 2005-ZC-037

Chairman Almquist said this item reflects on the previous item. Do you wish to have this tabled as well Mr. Gordon. Mr. Gordon replied yes.

MOTION: Commissioner Bracken made a motion to table this zone change by the request of the applicant. Commissioner Clayton seconded the motion. All voted aye.


Scout Troop 403 was introduced to the audience.

B. Consider a zone change request from R-1-10 (Single Family Residential) and PD (Planned Development) Residential to R-1-8 (Single Family Residential) on 22.82 acres located at approximately 700 South and Dixie Drive (Old Green Valley Golf Course). Mr. Rob Reid, representative. Case No. 2006-ZC-004

Commissioner Burks said he will make the same comment on this item as he did the previous one.

Bob Nicholson said this is zoned R-1-10 today. The request is consistent with the General Plan.

Deputy City Attorney Paula Houston said Planning Commission needs to be made aware that this is a Citys position that this is an illegally subdivision and that it has been filed with the County Recorders Office illegally. It was not approved by Planning Commission or City Council and the City intends to have them put that back so it is not an illegal subdivision. The property was owned by Mr. Renthro was sold to the Boyer Company part of his property not all of his property and that is the problem.

Bob Nicholson said a few months ago when Highlands came before the City there is a little bit of remanent land that is on top of the hill. The issue of the remanent piece on top should be resolved before they go too far.



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Chairman Almquist said what the City is saying is by excluding that parcel from the R-1-8 proposal there may have been an attempt to hold the City hostage for land locking that property.

Deputy City Attorney Paula Houston said that is why the City has allowed this zone change to come before the Planning Commission. This is an item the board can still address but the preliminary plat cannot be addressed until this illegal subdivision is resolved.

Patrick Moffat with the Boyer Company they will want to postpone this until the next meeting. They can work with the City on this piece. As far as the zoning goes what he would offer to the Planning Commission is the density be capped. This is pretty straight forward.

Chairman Almquist said this area is not legally a parcel yet. Deputy City Attorney Paula Houston said that is correct. Chairman Almquist asked how can they do a zone change that is not legally entity yet. Deputy City Attorney Paula Houston said you are changing the zone and so it doesnt matter. You are not looking at the issue of the legal title to the property.

Mark Bradley said the only way is to keep the layout is to go with the R-1-8 zone. It is not really increasing the density very significantly. Staff was not concerned about the request being made.

Patrick Moffat said his position is if this is the way Commissioner Burks feels regarding any projects on Dixie Drive then he will wait on this zoning request. Patrick said he would like to get more information on the lot that would be land lock.

Greg Houston president of Sports Village said there is one building along the rim directly west of this parcel. Their only concern is any excavation is probably going to cause further problems with one of their buildings. They have already spent $90,000 fixing their foundation of their building.

MOTION: Commissioner Clayton made a motion to have this item tabled based on the applicants request and to have the applicant undertake some resolution from a piece of land up above and the fact that this piece of land is an illegal subdivision. Commissioner Burks seconded the motion. All voted aye.


C. Consider a zone change request from A-1 (Agricultural) to R-1-10 (Single Family Residential with a voluntary development agreement on 28.04 acres located at the southeast corner of 3000 East and 2000 South intersection. Mr. Ken Miller, representative. Case No. 2006-ZC-002

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Planner Mark Bradley said this area is starting to receive a lot of development business. The request is to go with an R-1-10 with a voluntary development agreement to comply with the general plan of 2 dwelling units per acre and establish open space with trail connectivity. This proposal shows a connectivity to the center of the project to a park area. They show connectivity to other projects. Access is being looked at off major streets.

Chairman Almquist asked for a description of the equestrian trails. Ken Miller said Bridle Gate is south of this project and provides equestrian trails. He hopes that other developers will want to do the same as to what is already out there. Ken said the only reason they are requesting an R-1-10 is to allow the possibility of smaller lots. He will be providing paths for the horses they will not be kept on this property.

Mark said there has been some mapping efforts and the parks department been working with other property owners along the irrigation canal. The equestrian trail needs to go along 3000 East. Naturally they would want them to connect.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a zone change request from A-1 (Agricultural) to R-1-10 (Single Family Residential with a voluntary development agreement on 28.04 acres located at the southeast corner of 3000 East and 2000 South intersection. Mr. Ken Miller, representative. Commissioner Bracken seconded the motion. All voted aye.


PUBLIC HEARING - AMEND ZONING REGULATIONS

Consider a request to amend the St. George City Code, Title 10: Zoning Regulations, Chapter 10: Commercial Zones, Section 10-10-3: Conditional Uses, to incorporate Indoor Gun Shooting Range as a conditional use permit within the C-3 zone. Mr. Randy Scott, applicant. Case No. 2006-ZRA-003

Planner Ray Snyder said last time this was heard by Planning Commission it was being heard if it could be a determined use. At that time the Planning Commission determined it could not be a determined use but could be a conditional use permit. Ray said he learned tonight from the City Attorneys office is to skip this and have the applicant return with a Conditional Use Permit. This will request will be removed from tonights agenda.

Chairman Almquist said this is an item that does not require the Planning Commission to move on.


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Item 6 on Conditional Use Permit has withdrawn their request.

MINUTES

Consider approval of the Planning Commission minutes of the meeting of January 24, 2006 and February 14, 2006.

Commissioner Burks made a motion to approve the minutes of January 24, 2006. Commissioner Bracken seconded the motion. All voted aye.

Commissioner Clayton made a motion to approve the minutes of February 14, 2006. Commissioner Bracken seconded the motion. All voted aye.


QUESTION
Chairman Almquist said House Bill 135, which requires, that if a building permit is issued that no changes could be made after the fact. The reason he brings this up is because on the wall in Harmony Place was issued a building permit to comply with a Planning Commissions request to step the wall and therefore any other becomes mute according to bill 135. He wants clarification on the law.

Bob Nicholson said they will investigate the law and give the board a recap on this.