Planning Commission Minutes

Tuesday, March 28,2006



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
March 28, 2006


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

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Director Bob Nicholson
Planner Mark Bradley
Planner Ray Snyder
Engineer Cathy Hasfurther
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.

PRESENTATIONS

A. Presentation on Dixie Drive traffic by Mr. Aron Baker, City Traffic Engineer. Case No. 2006-DI-001

Aron Baker City Traffic Engineer presented a slide presentation on traffic issues currently on Dixie Drive. He presented a couple of maps of the area to Planning Commission. Mile Post 2 interchange is being design right now on I-15 which is the south end point. The north end point is on old Highway 91 just as it exits out of Santa Clara and goes into the town of Ivins. One of the only roads that come into St. George from the western corridor is Plantations Drive. There are a couple of other routes where 66 ft. roads connect with the western corridor. There are three connections that the City will strive to connect.

Aron said there are currently about 12,000 cars a day on Dixie Drive. In the future the road will be five lanes completely, from Snow Canyon Parkway all the way down to Hilton Drive area. Right now they can handle 12,000 cars a day with a three-lane road. In the future there will be about 40,000 to 50,000 cars a day in probably about 15 years.

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Aron went over where the City anticipates to put in traffic lights on Dixie Drive. The next signal they would look at is Valley View Drive. Aron said there is a great deal of impact on Valley View Drive. Sunbrook Drive will have the greatest congestion. They will try to get dual left turns on Sunbrook Drive some time this year. One of the concerns they have is the amount of turns on Canyon View Drive that will be the next signal light. The signals will be 1/4 mile apart. There will be about 15,000 to 20,000 cars on Plantations Drive. There will be a 66 ft. master plan road that will connect to Dixie Drive by Lilywhites. Tuscan Hills subdivision will add about 2,200 cars a day to the roads. As the plans for subdivisions come in staff is asking for traffic impact studies to help the City see what will be forthcoming.

Commissioner Burks asked about Stonebridge Drive and the extension over to Valley View will there be a traffic light there. Aron said no but there could be a light at Dixie Drive and Stonebridge Drive. Commissioner Burks named off upcoming subdivisions, his question is, will Dixie Drive be able to adequately handle the traffic that these new subdivisions will create. Should Planning Commission stop approving new developments that come into Dixie Drive? Aron replied the five lane road can handle a great deal of traffic. These projects that you speak of they have supplied a traffic impact study. As far as the volumes go the City plans on 4-6% growth every year.

Commissioner Taylor what impact does Dixie Drive have on Bluff Street. Aron said when you start to get too much pressure on Bluff they do start to take the back way on Dixie Drive. Yes, it does impact Bluff Street. They are studying Bluff and trying to see what they will do with Bluff Street and where do they see the street going in the future.

Aron said he would be happy to return to share with Planning Commission what changes they plan on the roads for St. George. They have some short term things which need to be completed and long range items.

Council Member Bunker asked from Sunbrook to Plantations they are looking at 5 signal lights. Do the plans also go into Tonaquint? Aron said they are putting a signal in next month at 600 West and Dixie Drive and that is the road that comes out of Bloomington.

B. Presentation on a proposed residential development located south of The Ledges development and east of State Route 18 by Mr. Stacy Young, QRS Development, Inc. Case No. 2006-DI-002

Stacy Young said he is present tonight to show the proposed new development called The Trails. Stacy went over the design team for this project. The project is 335 acres and is located at Milepost 7 at Highway 18. The site has some lava benches. The boundaries around the project PLANNING COMMISSION
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are tortoise preservations. The design of The Trails will have a loop trail with other trails feeding off that loop trail. They should have about 8-10 miles of trails throughout the project. There are some areas of ground they plan on keeping natural. The trails will be open for public use. The trails that meet City standards they anticipate that the City will take over maintenance. There will be a main community park about 4.5 acres in the center of the project which will consist of playing fields and play grounds. Stacy said total open space is about 30% which is about 100 acres. There will be green belts between the neighborhoods. There will be low density (1-1/2 units per acre), medium density (3-4 units per acre) and then the higher density. Stacy said there will be about 950 units. There will also be a small commercial area. Stacy went over the square footage and parking requirements for the development.

Stacy said there is a zone change request coming before Planning Commission soon. That is where they are in the planning process

Bob Nicholson said because it is such a massive project it would be good to take a field trip prior to the zone change. Either on April 7th or the 21st would be a good field trip date.

Commission Burks asked if the State was involved with this project. Jay replied they are very much involved.

Chairman Almquist said they will do a field trip on April 4th which is next Tuesday at 4:00 p.m. at Milepost 7.

Chairman Almquist made a decision to hear the final plats 10A and 10B.

CONSENT ITEMS - FINAL PLATS

A. Consider approval of a final plat for Stone Cove Phase 2 with 13 single-family lots located at 2520 East and 1450 South. Mr. Brad Brown, representative. Case No. 2006-FP-020

B. Consider approval of a final plat for Kachina Springs East Phase 2 Amended and Extended located on Entrada Trail off of Snow Canyon Parkway. Mr. Richard Allen, representative. Case No. 2006-FPA-021

Planner Mark Bradley said the final plats are ready for your approval and authorization for chairman to sign.



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MOTION: Commissioner Burks made a motion to recommend to City Council approval for the two final plats read into the record and authorize chairman to sign. Commissioner Clayton seconded the motion. All voted aye.


PRELIMINARY PLATS

A. Consider a preliminary plat request for Tuscan Hills Phase 4 with 58 townhome units located at Plantations Drive off of Dixie Drive. Mr. Guy Haskell, applicant. Case No. 2006-PP-006

Planner Mark Bradley said they have seen this site as part of the Hillside Development Permit. Mark said staff recommends approval subject to the following:

1. Conditions of approval associated with the Hillside Development Permit.
2. Finalizing the access location and design on Plantations Drive and preserving the site distance corridor at the said access. The sight-distance corridor is to be free from any visual obstruction between the heights of 2 and 8 feet above the curb line elevation. Street trees that cannot meet the requirement must be planted outside of the corridor, which means the landscape width between the curb and privacy wall would be required to be widen.
3. Compliance with Planned Development building separations and setbacks.

Chairman Almquist asked if the density for this project has changed. Mark replied that the density is the same. The number of units are the same.

Ryan Jolley with Alpha Engineering said when they receive approval they will be starting the development right away.

Commissioner Taylor asked about the height of the wall. Ryan said there will be an 8 ft. wall behind the units.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a preliminary plat request for Tuscan Hills Phase 4 with 58 townhome units located at Plantations Drive off of Dixie Drive. Mr. Guy Haskell, applicant, subject to the conditions of staffs comments. Commissioner Bracken seconded the motion.

Commissioner Burks voted nay
Commissioner Taylor and Commissioner Campbell voted aye Motion passes with a vote to 4 to 1


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B. Consider a preliminary plat request for The Joshuas Phase 3 with 53 single-family patio home sites located at approximately 2000 South Tonaquint Drive. Salisbury Homes, applicant. Case No. 2006-PP-010

Planner Mark Bradley said staff has been working with the applicants engineers on modifications to the submittal plan. Staff recommends approval subject to the following;

1. Finalize access design, north bound deceleration lane, and site distance corridor on Tonaquint Drive.
2. Compliance with Planned Development building separations, setbacks, open space and recreation area requirements (for the entire PD development).
3. Detention design and location.

Commissioner Clayton asked if this was approved tonight would it be possible to have staffs comments done before it goes to City Council? Mark replied that they need to make sure that it takes place first. Mark said there has been discussion on whether the road should connect onto the Legacy private road or not.

Jay Sandberg City Engineer said on the easterly side by the detention basin there is a stub road there that comes out by Legacy. They have talked to the engineers with the road. They felt there was some grade problems because the road sits up higher than Tonaquint Drive. There needs to be an emergency access to this development.

Jair with Salisbury Homes said they have agreed to put a hammer head at the end of Legacy.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a preliminary plat request for The Joshuas Phase 3 with 53 single-family patio home sites located at approximately 2000 South Tonaquint Drive. Salisbury Homes, applicant, subject to the resolution of the conditions to staffs comments in relation to what was talked about tonight prior to the calendering of the City Council meeting and the second meeting in April. If staff determines that it is not answered to a satisfactory level based on the comments made here tonight, then it should not go to City Council until those items are resolved. Commissioner Bracken seconded the motion. Commissioner Clayton said this motion also includes the hammer head that was just volunteered by the applicant. All voted aye.


DISCUSSION ON MOTION
Council Member Gail Bunker said it is disturbing to her to think of the hammer head in there and eliminating the connectivity between the development site. The connectivity and the

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traffic would then be forced on Tonaquint Drive whereas if there was some connectivity among these developments then it would alleviate that problem.

Commissioner Clayton said the traffic would come from Legacy through the Joshuas to Tonaquint. It would not be visa versa because that would be a difficult way to go. Connectivity can also be created with a walking path.

Commissioner Clayton said his motion should include that the applicant consider a solution to foot traffic between the two subdivisions to City standards. Commissioner Bracken seconded that into the motion. Commissioner Burks voted nay. Commissioner Taylor and Commissioner Campbell voted aye. The motion passes with a vote of 4 to 1.
Commissioner Clayton stepped down due to conflict of interest for the next two final plats for Lakota Phase 1 and 2 Amended.

PUBLIC HEARING - AMEND FINAL PLATS

A. Consider a request to amend the final plat for Lakota Phase 1 to change the private ownership lots to private ownership building pads with common and limited common area located on the eastside of Snow Canyon Parkway and Dixie Downs Road intersection. Ence Homes, applicant. Case No. 2006-FPA-015

Planner Mark Bradley said these next two items can be taken together. Mark said the change is from lots to pads so they can end up with a 10 ft. setback instead of an 8 ft. The number of dwelling units would remain the same. Mark said all building pad separations including rear yard areas are required to meet the minimum separation for single-story dwellings as per the City Zoning Regulations found in the PD zone.

Jay Sandberg City Engineer said there are some units that will have rock walls. Jay said they dont have high rock walls. There are only about 4 lots that will be impacted by the rock walls.

Mark said the City allows about 3 ft. for grading purposes. Anyone that wants a privacy wall or a block wall higher they would have to have the 16 ft. separation between the units.

B. Consider a request to amend the final plat for Lakota Phase 2 to change the private ownership lots to private ownership building pads with common and limited common area located on the eastside of Snow Canyon Parkway and Dixie Downs Road intersection. Ence Homes, applicant. Case No. 2006-FPA-016
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Korey Kinder, Ence Homes, said as part of the building code this will give them the actual separation. As long as the note on the plat states there are several pads out there that would not have walls or anything else.

Commissioner Campbell asked if the 10 ft. separation allows for any overhang? Korey replied no, just the roof overhang would be allowed.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of final plats Lakota Phase 1 and 2 Amended, with the staffs comments. Commissioner Taylor seconded the motion. All voted aye.


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

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 93.51 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-001

Bob Nicholson said there are two related requests before the Planning Commission tonight, the General Plan amendment and the zone change request. The area is along the ridge line overlooking Bloomington. The project is owned by SITLA. The area is very unique with numerous rock outcroppings throughout the 93 acre site. In their most recently proposal, the applicant has set aside certain areas for open space. They also propose to protect areas within the private lots which are outside the building pad area. There is also a large area currently outside the City boundary proposed as open space for a City Rock Park. The rock park area has large boulders of approximately 8 to 10 ft. tall. Adjacent to this area is a smaller area proposed for a developed City park. The applicants intent is to donate the rock park area to the City.

Bob said staff is concerned about preserving the unique rock features both in the open space areas and within the proposed lots. Agreements need to be created for the open space donation and for preservation of other unique areas with rock outcropping.





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Bob said lets consider these as separate items, 1) a general plan amendment and 2) a zone change request. Some of the rock formations remain mostly at the surface. Some are 10 ft. tall and some are fairly flat. Bob said staff has some concern about pads 60, 61 and 67 which are on the far west, and pad 20 which is further east.

Curt Gordon with SITLA presented a slide show. There are special areas that will be dedicated as no disturb areas. Their intention is to have larger lots for this subdivision. The homes will be custom home sites. Curt said the private deed restriction area is about 45 acres. The area around the home will be left open. They want to preserve as much of the natural landscape as possible.

Commissioner Campbell asked if on the pads the builder would build the pad up. Curt said they plan to deed restrict the pads against that. Each home will be looked at very closely. Curt said they dont plan on having fencing to separate lots. Curt said they have done a great deal of preservation on this parcel.

Kent Perkins, City Leisure Services Director said Bob Nicholson indicated that the developer would plan to dedicate the public park. He was hoping that the developer would explain what they plan on doing and then he would like to make comments on that.

Curt Gordan with SITLA said they plan on bringing a road around the open space. There is also a place for a trail head. There will also be a trail along the ridge overlooking Bloomington which should be a natural trail. The other trails will be a paved surface. They would like to see a public park built before the subdivision is started. It is not their intent to build a park for the City then give it to them and then have them collect impact fees for the project. That is not what they want to do. But they will set that piece aside for a park.

Kent Perkins said the Citys concern is the approval process and how the proposed park is to be deeded to the City. His concern is that once they receive approval on this development that they will do something else with the discussed park area. He feels there needs to be a mechanism so that both sides are honored in that regard. Kent explained the concern of applicants going through the approval process and find out later that there is a change of heart and then the land wont be deeded to the City and at some point it could be developed.

Commissioner Clayton said it his understanding that a zone change request cannot have conditions attached and that would include this General Plan as well. Is that correct? Deputy City Attorney Paula Houston replied you are correct.

Commissioner Clayton said the applicants are setting aside some sensitive areas and in the process they identify property that will be gifted to the City. Chairman Almquist said their motivation would be to keep with the General Plan.
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Mark Bradley said as the Planning Commission considers this they need to be aware of the comments in the General Plan. He referred to Section 6.10.1 Open Space Policies of the General Plan. Open space on the general plan is not a holding designation for future development. It is intended to be preserved permanently free from development left in a natural state and/or use for recreational purposes such as parks, golf courses and pedestrian/bicycle trails. Mark said the Planning Commission needs to ask themselves why take open space and zone it to R-1-40 and then use it as open space park land. There needs to be ways to protect these rock areas. If this request is approved there is no guarantee that these open space and rock outcropping areas would be preserved as shown on the applicants exhibits.

Commissioner Taylor said it can be addressed with the preliminary plat. Mark said there could be a volunteer development agreement attached to this request.

Curt Gordan said even though they are private owners they do have rules in which to work. The way to protect it is to give open space land to the City.

Bob Nicholson said if they rezone the entire acreage to R-1-40 then technically they could come back in with 91 acres. Do they want to zone it all and then dedicate the portions to Open Space or word it so the open space is dedicated to the City. So if they subtract the 35 open space acres from the 91 acres.

Jeff Morbey said the concept is similar to Webb Hill. At that time they worked out an agreement for the open space. It seems to him that it worked well.

Curt said he thinks that Planning Commission and City Council has total control. He said if the Planning Commission did approve what has been proposed tonight the plans will come back to you.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval 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 93.51 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. Commissioner Taylor seconded the motion. All voted aye.


PUBLIC HEARING - ZONE CHANGES

A. Consider a zone change request from OS (Open Space) to R-1-40 (Single Family Residential) on 93.51 acres located west of Tonaquint Drive, south of the Tonaquint
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Terrace Subdivision, and north/northwest of the Estates of Bloomington Subdivision. State Trust Lands Administration and Quality Development, applicants. Case No. 2006-ZC-007

Bob Nicholson said the issue has been out on the table for this item. The maximum number of units will be 78 lots on this 93 acres and the area shown as open space will be that way.

Commissioner Clayton said he assumes there will be CC&Rs as a part of this subdivision. Kurt said that is correct.

Chairman Almquist complimented SITLA on a well done subdivision.

Commissioner Campbell asked about the privacy walls. Kurt said they find to be successful with the walls that they require them to be attached to home as part of the architecture of the house. They will write restrictions that will not allow people to push the privacy walls way out on the building envelope.

Commissioner Burks asked went they come in with the preliminary plat could it be conditioned that the development will not start until traffic control on Dixie Drive is completed. Deputy City Attorney Paula Houston said she would have to look into that one.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a zone change request from OS (Open Space) to R-1-40 (Single Family Residential) on 93.51 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. Commissioner Bracken seconded the motion.

DISCUSSION ON MOTION
Commissioner Taylor said one of the reason for the zone change to an R-1-40 is to do with clustering. He would like to encourage them to cluster the subdivision where ever possible. Commissioner Clayton felt they have done that. What they are proposing is going to be great.

Commissioner Clayton said to add to the motion that the developer consider the clustering where ever possible. Commissioner Bracken second the motion. All voted aye.


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Chairman Almquist left the meeting due to another conflict 6:50 p.m.

B. Consider a zone change request from R-1-10 (Single Family Residential) and PD (Planned Development) Residential to R-1-18 (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

Planner Mark Bradley said this is another project on Dixie Drive that was tabled at the last Planning Commission meeting based on the lack of quorum. The request is back before you to consider the request from R-1-10 and a portion of Planned Development to R-1-8. This request is based on their proposed layout. The zoning request is consistent with the General Plan. There are expansive soils that they will have to deal with.

Commissioner Clayton asked if the top of the parcel has been resolved yet. Mark replied not yet.

Rob Reid from Rosenberg Associates said they feel the R-1-8 does provide a good transition for this area.

Paul Wendell who lives in Green Valley Phase 4 said he would think they would rather see 10,000 sq. ft. lots instead of 8,000 sq. ft. based on the terrain. He thinks an analysis of the slope area should be done. He is also concerned about the access from this development. He is concerned about the roads and the conditions they will be left in when the trucks make several trips a day on these roads. They would like to see the trucks limited.

Commissioner Bracken said it is his understanding that the reason they want to go with the R-1-8 is not to build smaller lots but to give them the flexibility to work around the soils and water problems.

Commissioner Taylor asked about hillside. Mark said they have already gone through hillside. To do the transfer bonus some of those lots were able to go to less than 10,000 sq. ft. but there was several other lots that were actually miscalculated on how the transferred bonus worked out. So that is why the 8,000 sq. ft. lot worked out better in those areas. There are some conditions through Hillside that they need to comply with.

Commissioner Taylor asked about the wetlands issue. Mark said there are a couple of ponds there from the golf course and drainage. They will have to continue with these studies to address all those issues.



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MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a zone change request from R-1-10 (Single Family Residential) and PD (Planned Development) Residential to R-1-18 (Single Family Residential) on 22.82 acres located at approximately 700 South and Dixie Drive (Old Green Valley Golf Course). Mr. Rob Reid, representative, subject to the any issues that may come up with the Planned Development zoning that have not yet been resolved and clearing any issues before it goes to City Council. Commissioner Campbell seconded the motion. Commissioner Burks voted nay. Commissioner Clayton voted aye. Motion carries 4 to 1.

C. Consider a zone change request from A-1 (Agricultural) to R-1-10 (Single Family Residential) on 4.61 acres located at 2110 East and approximately 2650 South. Mr. Warren Hannig, applicant. Case No. 2006-ZC-005

Planner Mark Bradley presented the area. The site is south of the Jedora subdivision. It is less than 5 acres. The request is consistent with the General Plan. The trail along the irrigation canal should continue along the Washington Irrigation Canal.

Darwin Hinton said it is consistent with the R-1-10 zoning and there will be connectivity.

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) on 4.61 acres located at 2110 East and approximately 2650 South. Mr. Warren Hannig, applicant, subject to staffs comments. Commissioner Burks seconded the motion. All voted aye.


CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit to construct a detached RV garage that would exceed the allowable height of fifteen (15') up to a proposed height of nineteen feet-four inches (19'-4"). The subject property is located at 2482 South 2160 East, Lot 2 of the Red Butte Subdivision. Mr. and Mrs. Leavitt, applicants. Case No. 2006-CUP-006

Planner Ray Snyder presented the request showing the site plan, the existing house and the location of the proposed detached garaged. He pointed out how staff visited the site and identified a nonconforming canopy on the home that will need to be brought into compliance. Photos of the site were shown. Staff recommends as a condition of approval the canopy is to be removed based on setback violations. Staff recommends approval.

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Commissioner Bracken asked if there were any questions for staff. Seeing none, he invited the applicant forward. Mr. Leavitt pointed out how he has removed the canopy as of yesterday.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request for a conditional use permit to construct a detached RV garage that would exceed the allowable height of fifteen (15') up to a proposed height of nineteen feet-four inches (19'-4"). The subject property is located at 2482 South 2160 East, Lot 2 of the Red Butte Subdivision. Mr. and Mrs. Leavitt, applicants, and reference the height and location as advertised. Commissioner Taylor seconded the motion. All voted aye.


B. Consider a request for a conditional use permit to construct a professional three story building that would exceed the maximum allowable height of thirty five (35') feet up to a proposed height of forty four feet-six inches (44'-6"). The property is located in the C-4 (Central Business District Commercial) zone at 162 North 400 East. Mr. Dan Gifford, applicant. Case No. 2006-CUP-007

Commissioner Bracken stated they have received two letters relating to this request.

Planner Ray Snyder presented the site plan for building C. Ray handed out samples of the building materials they are proposing for this building. Ray said under parking in Section 10-19-5 requires one parking space for each 250 sq. ft. of office area. The applicant propose a total office area of 27,000 sq. ft. for Building C, which would require 108 parking spaces and only 85 are provided. Ray specified staff comments.

1) The building is approved with a maximum height of forty feet six inches (44'-6").
2) Parking shall be demonstrated to meet the zoning ordinance requirements during the site plan review process. Parking spaces shall be 9' x 18' in size with 25' wide drive aisles minimum.
3) A SPR (Site Plan Review) application along with 4 sets of plans shall be submitted to the Engineering Dept. For standard plan check review.
Traffic Conditions
1) Driveway access shall meet the requirements of the City Traffic Engineer and shall meet the requirements of the State of Utah UDOT).
2) All signing and striping shall conform to the City of St. George and MUTCD standards.

Ray spoke on the letters they received from the law office of Heath H. Snow representing Mark and Janice Taylor.


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Todd Edwards with Bush and Gudgell said the two story buildings are fairly tall in order to match those they went with this height. Commissioner Bracken asked if they have checked into the parking. Todd said they have gone over the parking with the City Planner Ray Snyder. Todd said there is a dirt area where they could put in additional parking probably another 60 or 80 parking spaces.

Council Member Bunker said there are so many businesses that are there. She is concern about the traffic.

Commissioner Burks said he goes to Workforce Service every Monday morning and parking is a problem at that time in the morning.

Michael Hughes said he represents Nielson Custard for the trustee of the Vera R. Hughes grandchildrens trust. In 1999 Mr. Gifford wanted a 35 ft. driveway through their property. For exchange for 35 ft. driveway Mr. Gifford granted to the Nielson Ice Cream building the exclusive use of all of the parking to east of the building and west of the old Pizza Hut. He also has exclusive rights to 8 parking spaces which is just above the Nielson building. On the other side of the building there are12 parking spots that are shared only between Jolleys Ranch Wear and the Hughes building. Mr. Hughes stated he has 40 parking spots for a building of 6,800 sq. ft. that are not shared with anyone. In addition to that they have non-exclusive parking to the balance. Mr. Hughes stated that Mr. Gifford is 13 parking spaces short.

Mr. Hughes is currently in a lawsuit with Mr. Gifford. Mr. Gifford signed a document prepared by his attorney that he would not build any structure any time that would impede the flow of traffic or the ability to have an unobstructed view of all parcels in the subdivision. If this commission would every recommend another building in this location they should require that Mr. Gifford put in more parking. Until the City Attorney has look at this nothing should be done. Mr. Hughes said the height and location of this building violates paragraph 12.

Commissioner Clayton asked can they act on this without this issue being resolved? Deputy City Attorney Paula Houston said the parking issues will need to be addressed. She also said the issue of their view would be a private issue between them.

Mr. Hughes said the parking spaces north to his building is exclusive for their use. Mr. Gifford has no right to be in his parking lot or count his parking towards their parking requirements.

Commissioner Clayton called a question.

Planner Ray Snyder said tonight the issue before the Planning Commission is a Conditional Use Permit for height. The parking issue will come in when the client does a site plan review.

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Commissioner Clayton said they need to resolve these issues before the building height or anything else is voted on.

MOTION: Commissioner Clayton made a motion to deny the application. Commissioner Burks seconded the motion. All voted aye. Motion passes on denial.


C. Consider a request for a conditional use permit to operate a proposed short pour concrete company that would primarily supply small home projects located within an M-1 (Manufacturing) zone at 3662 South River Road (Lot #1 of the Fort Pierce Business Park). Mr. Randy Mortensen, applicant. Case No. 2006-CUP-008

Planner Ray Snyder said this location is out on River Road. There are existing storage buildings on the parcel. The applicant is interested in having a small batch plant, constructing material storage bins, and constructing a small office building. Ray said there is a violation currently on the property for trash and debris. Staff has talked with the applicant and he supports the idea of having a batch plant. But however, staff is concerned about the code violation. Staff would like to see the violation taken care of before they move forward with the requested building.

Ray said if this is approved tonight then the following conditions are proposed by staff;

1) Obtain a building permit for the office. The office shall be completed prior to issuance of a business license.
2) Structural plan(s) as required by the Building Department shall be submitted and approved for the batch plant equipment prior to occupancy of the business.
3) Code violations on the site shall be mitigated prior to issuance of a business license for the short pour concrete plant.
4) If the use intensifies the Planning Commission and City Council shall reevaluate the conditional use permit.

Commissioner Clayton asked about the air quality. Ray said the applicant could address that.

Lyle Heines the applicant said he has a sign business and when he is asked to do a monument sign he has a hard time finding someone to do a small job on concrete for the sign. This would be a wonderful business for the City. He will see that the site is cleaned up. Sunroc has agreed to mix their rock for them.




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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 operate a proposed short pour concrete company that would primarily supply small home projects located within an M-1 (Manufacturing) zone at 3662 South River Road (Lot #1 of the Fort Pierce Business Park). Mr. Randy Mortensen, applicant, subject to staffs comments. Commissioner Burks seconded the motion. All voted aye

LOT SPLIT

Consider a lot split request to divide one parcel into two lots for property located between 306 and 320 South on 100 West Street. The property is zoned RCC (Residential Central City). Mr. Brad Oliverson, applicant. Case No. 2006-LS-002

Planner Ray Snyder said this is located in the RCC zone at 320 South and 100 West. The applicant would like to split the lot into two lots. He would be creating a flag lot. They propose a single-family home on both lots. The homes will meet the setbacks. The applicant proposes a cross access (reciprocal access) agreement on the eight foot (8') side yard to accommodate eighteen (18') of paved asphalt driveway. The problem of this property is the width itself. The exception would fall under Subdivision Ordinance 11-2-5 where unusual topographic or exceptional conditions exist, the City Council may vary the requirements of this title after receiving the recommendation of the Planning Commission; provided that such variations will not substantially impair the intent of this title.

Staff recommends approval and suggests the following conditions be applied;

1) Process a cross access (reciprocal access) agreement to be reviewed and approved by City Attorneys office.
2) Maintain an eighteen foot (18') wide minimum asphalt paved driveway to serve both lots.
3) Submit a Record of Survey to the Citys Surveyor.
4) Provide separate deeds for each created parcel.
5) In addition to the legal description on the R.O.S. (Record of Survey, filed with County Recorder) provide the City a separate 8-1/2 x 11 legal descriptions for each parcel.
6) A 10' utility and drainage easement is to be located along the frontage of 100 West Street and a 7.5' utility and drainage easement shall follow the sides and rear of each lot created.
7) A utilities and drainage easement shall be completed, notarized, and recorded.
8) The applicant shall submit for review all legal documents to the City Attorneys Office.

Commissioner Taylor went over the width of the flag lot. Bob Nicholson said this is the best option he believes.

PLANNING COMMISSION
March 28, 2006
Page Seventeen



Glen Harker owns property to south of this piece. There is a pecan tree on this parcel. The roots of that tree goes onto his property. He request an easement for the tree. He doesnt want to lose this tree. Glen said the tree is within 6 ft. of the property line.

Dusty Oliverson replied he would be more than willing to accommodate. Commissioner Taylor said are these homes intended to be sold or rented. Dusty replied that the homes will be sold.

Doyle Smith is on the north side of the property. He has concerns about the setbacks. Other than that he is in favor of this request.

Sandra Melville said she would prefer to see single family home.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a lot split request to divide one parcel into two lots for property located between 306 and 320 South on 100 West Street. The property is zoned RCC (Residential Central City). Mr. Brad Oliverson, applicant, with the following comments from staff as well as the property owner work with the neighbor on the fence issue to come to a reasonable conclusion to save the tree and both property owners work together in some sort of resolution on the fence. He does not see a problem with the 18 ft. width and he finds there is no other way to deal with the property since it is the typical 66 ft. width. Commissioner Clayton seconded the motion. All voted aye.

DETERMINE SIGNIFICANT CHANGE

Determine whether or not a proposed facade change to the new Golds Gym (formerly Americas Best Furniture) located at 484 No. Mall Drive is a significant change to the Planned Development zone. Mr. Shaun Harrison, representative. Case No. 2006-DSC-003

Bob Nicholson said back in 1994 in order to get the zone change for the east side of the mall they came up with a 9 point agreement. One of the points was they would commit to the neighbors that there would not be any buildings higher than 28 ft. Bob said the reason they are bringing this item to the Planning Commission and City Council is in their proposal to upgrade the facade will bring an additional height to the building. Bob said it is an overall improvement to the building. If this is a significant change then it would require a public hearing.

MOTION: Commissioner Burks made a motion that this is not a significant change. Commissioner Clayton seconded the motion. All voted aye.



PLANNING COMMISSION
March 28, 2006
Page Eighteen




MINUTES

Consider approval of the Planning Commission of the meeting of February 28, 2006.

MOTION: Commissioner Clayton made a motion to approve the minutes. Commissioner Burks seconded the motion. All voted aye.


Meeting ended at 8:40 p.m.