Planning Commission Minutes

Tuesday, May 23,2006



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
May 23, 2006


PRESENT: Chairman Gil Almquist
Commissioner Chapin Burks
Commissioner Mike Nobis
Commissioner Julie Hullinger
Commissioner Ron Bracken
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 Cathy Hasfurther
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.

CONSENT ITEMS - FINAL PLATS

Consider approval of the following final plats:

A. The Ledges of St. George Phase 1 with 28 single-family detached patio home sites located on the east side of Highway 18 at approximately 5000 North. Mr. Kurt Allen, representative. Case No. 2006-FP-041

B. Canterbury Court with 6 single-family lots located at 1100 East and 990 South Circle. Mr. Kevin Ence, applicant. Case No. 2006-FP-042

C. West Bend Subdivision with 6 single-family lots located at West Bend Circle and Indian Hills Drive. Mr. & Mrs. Roger and Christine Nelson, applicants. Case No. 2006-FP-043

Planner Mark Bradley said the plats are ready for the Chairmans signature tonight. Mark pointed out that there are two notes that need to be added to a plat regarding the building setback and the walls between pads.
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MOTION: Commissioner Bracken made a motion to recommend to City Council approval of the final plats read into the record and authorize chairman to sign. Commissioner Campbell seconded the motion. All voted aye.


HILLSIDE DEVELOPMENT PERMIT

Consider a request for a hillside development permit for Santa Maria Phase 4 at Sunbrook located at the west end of Sunbrook Drive at the future intersection of Sunbrook Drive and Plantations Drive. Sunhill Homes, applicant. Case No. 2006-HS-004

Planner Mark Bradley said he does not have a copy of the layout but there are photos to show. This area is in the Citys geologic hazard area, but outside the hillside overlay zone. Mark said staff recommends the following conditions of approval to go along with the Hillside Review Board recommendations;

1. Finalize the Plantations Drive roadway design with staff.
2. The proposed roadway right-of-way to be a minimum of 10 feet from the existing adjacent Santa Maria phase with the installation of a privacy wall.
3. All walls, setbacks and height subject to City standards and ordinance.

Hillside Review Boards recommendation for approval has the following stipulations: 1) stick to the geotechnical engineer report, 2) provide more detail on the roadway construction itself, 3) the City is to review the roadway information and approve it, and 4) the recommendations in the report are to be strictly adhered to and that a competent geotechnical engineer is to follow through with making sure it is complied with.

Commissioner Taylor asked if there is a bond that is put up from an engineering firm stating that the roadway is to be build to specifications. Mark said there is a bonding that is required during any hillside activity.

Jay Sandberg City Engineer said the City requires a 10% warranty bond for a year. The Hillside requirements have to be incorporated into the construction drawings that are approved.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a a request for a hillside development permit for Santa Maria Phase 4 at Sunbrook located at the west end of Sunbrook Drive at the future intersection of Sunbrook Drive and Plantations Drive, Sunhill Homes, applicant, with the staffs comments and also the Hillside Review Board recommendations. Commissioner Burks seconded the motion. All voted aye.
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PRELIMINARY PLATS

A. Consider a preliminary plat request for Santa Maria Phase 4 at Sunbrook with 21 single-family lots located at the west end of Sunbrook Drive at the new intersection of Emeraud Drive. Sunhill Homes, applicant. Case No. 2006-PP-026

Planner Mark Bradley said staff comments on this particular phase are; 1) the hillside development permit conditions of approval, 2) the full right-of-way for Plantations Drive be filled because of the nature of the terrain, 3) right-turn lane on Sunbrook Drive, and 4) temporary turn around by Lot 8 and 9.

Mark Fonger representative for Sunhill Homes said the temporary turn around will be shown on the construction drawings. Mark Fonger spoke on the decel lane saying they will work with staff.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a preliminary plat request for Santa Maria Phase 4 at Sunbrook with 21 single-family lots located at the west end of Sunbrook Drive at the new intersection of Emeraud Drive, Sunhill Homes, applicant and subject to staffs comments. Commissioner Burks seconded the motion. All voted aye.


B. Consider a request to amend a preliminary plat for Meadow Valley Phase 5 with 22 single-family lots located at the northwest corner of the intersection of Little Valley Road and Valley Springs Drive. Quality Development, applicants. Case No. 2006-PPA-011

Jay Sandberg City Engineer said this plat has been previously approved by Planning Commission about four or five-month ago. When it was approved, it was based on the condition that a cost sharing agreement be worked to pipe the canal. There has been a great deal of meetings to work this out. In the meantime the developer wants to move ahead with his development. Jay said he informed them that the development needs to stand on its own without the canal being piped. They have agreed to that. Jay said in doing this the developer has taken four lots out and eventually those will come back if an agreement is reached. Since this subdivision has been approved there is another subdivision to the north, Franklins Place, that has been modified and the road now goes through instead of a cul-de-sac. As part of this proposal staff is recommending approval to this phase subject to the crossing beam being installed whether the pipe goes in or not to connect the two areas up. The second crossing will take place if these four lots and the pipe are put in. There are some lots that front on Valley Springs. Staff recommends that there be a 35 ft. front setback with a circular drive.

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Commissioner Campbell asked if the canal is fenced. Jay replied no. He said he took City Attorney Shawn Guzman out to the site and he said as long as it was fenced and sloped that it would be alright. Jay said that would be another recommendation from Planning Commission that it would be fenced.

Council Member Bunker asked on the canal is part of that going to be the equestrian trail? Jay replied yes, on the north side of the canal this is part of Franklin Place, that is the equestrian area.

Justin Bracken with Quality Development said as far as the canal getting piped they have been working with the canal company and also with the City in getting a cost shared agreement put together. They feel they are really close to getting that agreement together. It will be piped from Little Valley Road through Meadow Valley Phase 5 subdivision and also through subdivision to the west.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a request to amend a preliminary plat for Meadow Valley Phase 5 with 22 single-family lots located at the northwest corner of the intersection of Little Valley Road and Valley Springs Drive, Quality Development, applicants, the changes be made as Planning Commission has been discussing and have a fence installed along the slope and canal area, the road on the left side be finished as required by staff, a 35 ft. front yard setback along Valley Springs with circular drives. In the event there is no agreement to pipe the canal then the road that crisscrosses there center cut this project should be finished into Franklin Place on the north side of the canal. Commissioner Campbell seconded the motion.

Commissioner Nobis said can they add that they have an agreement that the road be put through if Franklin Place does not go in. This was accepted into the motion. All voted aye.


C. Consider a preliminary plat request for Fredonia Estates with 22 single-family lots located at the southwest corner of Little Valley Road and approximately 3000 South (Horsemans Park Road). Mr. Greg Adamson, representative. Case No. 2006-PP-021

Planner Mark Bradley said this is just to the east of the Little Valley Elementary School. The zoning is RE-20 (1/2 acre lots). They are proposing to extend a north/south street. They are proposing a meandering sidewalk. Staff comments are; 1) the center line radius on the approximately 3000 South Street (Horsemans Park Road) needs to meet the 628 ft. requirement, 2) work out the Little Valley Road and 3000 South intersection alignment with staff and 3) the walk path between Lots 13 and 14 be a minimum of 16 ft. wide (10 ft. sidewalk with 3 ft. shoulders).

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Commissioner Bracken said is it a major thing to make them comply with 600 ft. distance in the road. Jay Sandberg City Engineer said this is a fairly significant requirement. Jay said the school district has purchased the property to the north. He thinks the school district should have the same requirement. So what they have asked the applicant to do is to meet with the school district and the City would facilitate the meeting.

Heidi Tebbs with Bush and Gudgell said the road shows a radius of 175 ft. on the south side of the development. Development Services did ask them to make that 300 ft. radius curve prior to the comments from Planning Commission. They have not been asked to do a 628 ft. radius. The 628 ft. radius will move the center line up into the school property about 20 ft. She said she doesnt see any problem with that adjustment.

Roy Thatcher with Bonneville Builders said the response they received on the intersection alignment of Little Valley Road and 3000 South, they have talked about the curb and gutter that need to go in there and they realize that has to be aligned. They are willing to make that change but they would like to have it bonded right now so they can have everything designed and put together at the same time. Along lots 13 and 14 they recognize the sidewalks in the subdivision now are 5 ft. however it would be nice to keep their 85 ft. frontage on those two lots.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat request for Fredonia Estates with 22 single-family lots located at the southwest corner of Little Valley Road and approximately 3000 South (Horsemans Park Road), Mr. Greg Adamson, representative, with the stipulation of staff comments, the center radius to be 628 ft. and to work out the details of the intersection with Little Valley Road with staff and establish a 16 ft wide trail between the lots 13 and 14. Commissioner Bracken seconded the motion. All voted aye.


PUBLIC HEARING - ZONE CHANGES

A. Consider a zone change request from A-1 (Agricultural) to RE-20 (Residential Estates) on 1.00 acre located at 2250 East and approximately 2230 South. Mr. Shakeel Ahmad, applicant. Case No. 2006-ZC-009

Planner Mark Bradley said this item was tabled last week. The neighbors were invited to meet with Jim Raines down in Bush and Gudgell. It was also clarified at the meeting if that parcel existed at that particular size, prior to zoning or the annexation into the City, then it would be an existing non-conforming allowed use. Then a zone change would not be required. Mark said he has not heard back from the applicant to know whether it is or not.
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MOTION: Commissioner Burks made a motion to table this item until further notice. Commissioner Hullinger seconded the motion. All voted aye.


B. Consider a zone change request from A-1 (Agricultural) to R-1-12 (Single-Family Residential) on 8.95 acres with a voluntary development agreement to comply with the General Plan Land Use designation of 2 dwelling units per acre located at 3000 East and approximately 1800 South. Mr. Jared Lund, applicant. Case No. 2006-ZC-008

Planner Mark Bradley said the property is at 3000 East and Rasmussen Drive. The applicant is making a request for an R-1-12 with a voluntary development agreement to comply with the General Plan Land Use designation of 2 dwelling units per acre. The staff comments are;

1. The request would be consistent with the General Plan - Land Use Map.
2. The applicant is proposing an east-west 10 ft. wide walk path from 3000 East Street to a proposed common area open space area.
3. Planning staff recommends no cul-de-sacs. The proposed roads should extend south to provide better circulation and connectivity throughout the future neighborhood. This would reduce all the traffic impact on one street.
4. Staff me with the applicant, his engineer, and the adjacent property owners to the north (Larsen family) to discuss the potential intersection alignments. What gets approved with this plan determines what the Larsen family will be able to do as far aligning streets and intersections.
5. The proposed development agreement requires further review by staff.

Jared Lund the applicant said he is fine with running the cul-de-sacs through. As far as the trails they could accommodate the 16 ft. Regarding the road distance they have to be within 250 ft. and from center line to center line they are at 350 ft.

Milton Larsen said he wants it noted on the deed that it is next to a working farm with animals. Milton asked if all three roads have to line up with his property. Will this impact him by the time they get ready to sell in getting an R-1-10 zone?

Cathy Hasfurther City Engineer said they would not require all three roads to go through. It just depends on how the subdivision is laid out.

The Enforcement Officer said the note should be on the plat regarding the animals on the farm next to this subdivision to prevent calls from the new residents.


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Council Member Bunker was concerned about the proposed through roads going across the walking path. Bob Nicholson Community Development said the street connections are more important and therefore they need to work through that. Bob said the movement across the country is more connectivity.

Chairman Almquist suggests they keep the walkways and have the streets go all the way through.

MOTION: Commissioner Taylor made a motion to recommend to City council approval of a zone change request from A-1 (Agricultural) to R-1-12 (Single-Family Residential) on 8.95 acres with a voluntary development agreement to comply with the General Plan Land Use designation of 2 dwelling units per acre located at 3000 East and approximately 1800 South, Mr. Jared Lund, applicant, with the stipulations that the cul-de-sacs be replaced with through streets and the through streets are identified for the benefit of the development property that surrounds and also the developer put on the deed that this is an agricultural area, that the 10 ft. walk path be increased to a 16 ft. walkway path. Commissioner Nobis seconded the motion. All voted aye.


PUBLIC HEARING - AMENDMENT TO SUBDIVISION REGULATIONS

Consider a request to amend the City of St. George Code, Title 11 Subdivision Regulations, Section 11-2-10: Permits and Certificates, Section 11-5-3: Improvements Required, and Section 11-5-5: Guarantee of Improvement; Warranty Period. City of St. George, initiated. Case No. 2006-SRA-001

Bob Nicholson said there are three changes to the subdivision ordinance, 1) there be two 2 inch conduits placed at all subdivisions to allow for future fiber optic lines and other communication lines, 2) there be secondary irrigation lines put in subdivisions for future use and 3) the warranty period goes from one year to two years. Bob said what staff request, is that this public hearing remains open and then continued for the next meeting.

Chairman Almquist stated the amendment to the Subdivision Regulations is now open to the public for comment.

Chairman Almquist said the areas of St. George where secondary water was made available to subdivision lots ended up where homeowners were abusing the water by attaching that water to their culinary supply. It needs to be stated that if this secondary use water system is used by on an individual subdivision lot that it must not be connected to their culinary supply.


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MOTION: Commissioner Bracken made a motion to recommend that this item be tabled to the next Planning Commission meeting. Commissioner Taylor seconded the motion. All voted aye.


D. Consider a preliminary plat request for The Ledges of St. George Phase 7 with 41 single-family detached patio home sites located on the eastside of Highway 18 at approximately 5000 North. Mr. Kurt Allen, representative. Case No. 2006-PP-022

Planner Mark Bradley said this phase is west to the club house. This will be 41 single-family detached patio home sites. The pad sizes vary from 4, 232 sq. ft. to 8,437 sq. ft. with the majority of pads ranging from 4,000 - 6,000 sq. ft. Staff comments are;

1. The Planned Development Concept Plan designates this area for 40 units. The Planning Commission and City Council will need to determine whether or not this is consistent with the approved PD Plan.
2. The developers have committed to update the PD Concept Plan/Master Plan. No attempt has been made to update the plan. This phase, Phase 7 follows the existing plan with the exception of an additional unit. Other areas are changing. One example will be discussed with the next preliminary plat item, The Ledges Phase 3 Amended. The change is in reference to the relocation of a portion of the golf course location on the plan compared to designated residential use. This may seem minor until one analyses the road alignment, which would create significant challenges to have homes front the street.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for The Ledges of St. George Phase 7 with 41 single-family detached patio home sites located on the eastside of Highway 18 at approximately 5000 North, Mr. Kurt Allen, representative, subject to resubmittal to the concept plan. Commissioner Hullinger seconded the motion. All voted aye.


E. Consider a request to amend a preliminary plat for The Ledges of St. George Phase 3 with 51 single-family lots located on the east side of Highway 18 at approximately 5000 North. Mr. Kurt Allen, representative. Case No. 2006-PPA-025

Planner Mark Bradley said this varies a little bit but it follows through. Staff does not have a problem with the center line. Mark said staff comments are as follows;

1. The site distance area as shown on Lots 341 and 342 should be designated as common area rather than part of the individual lots. This can be incorporated within the landscape and privacy wall common area.
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2. The area east of the phase is being shown as private golf course while on the master plan it is called out as a residential area. If the area is going to be amended to be a golf course the abutting road alignment works. If the area is to remain as residential the road alignment creates significant site distance problems and would require adjustment.

Mark said this is why they need to get the amendment before the City so staff can see what is being changed and to know how it is going to work with these roadways.

Randy Deschamp said in regards to staffs comment #2 there was one additional lot in Phase 7. In Phase 3 it was identified as 60 lots but it has been cut back to 51 lots which is 9 under. One of the changes was to align the road that connected to The Ledges Parkway with the road that came out of Phase 1. As far as the area to the east on the radius curve it is a 185 ft. radius curve on the center line. Randy said the area being shown as the private golf course is really for a private park.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request to amend a preliminary plat for The Ledges of St. George Phase 3 with 51 single-family lots located on the east side of Highway 18 at approximately 5000 North, Mr. Kurt Allen, representative. Commissioner Burks seconded the motion. All voted aye.


F. Consider a preliminary plat request for Blackberry Court with 6 single-family lots located east of Baneberry Drive and Lupin Way, south of Bloomington Gardens. Mr. Greg Mathis, representative. Case No. 2006-PP-027

Planner Mark Bradley said this location is out in the south Bloomington area. This would be 6 lots. It will be a cul-de-sac based on two things, the geography of the land and an existing dwelling. The applicant would need to work a little bit with staff with the construction drawings. Mark said there is a clarification it will be designed as a true roundabout.

Staff comments; 1) this is an in-fill development which will connect Baneberry Drive and Mulberry Drive together providing a much needed east-west street connectivity, and 2) the intersection design requires future review and design, which can be worked out during the construction drawing stage.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a preliminary plat request for Blackberry Court with 6 single-family lots located east of Baneberry Drive and Lupin Way, south of Bloomington Gardens, Mr. Greg Mathis, representative, and also accept the two staff comments, the second comment being that the round portion on the intersection be a true roundabout. Commissioner Burks seconded the motion. All voted aye.

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LOT SPLIT

Consider a request to split one parcel of land into two lots for property located at 943 South Morningside Drive. Mr. Lawrence Featherstone, applicant. Case No. 2006-LS-004

Planner Ray Snyder said this is to divide a parcel of land into two parcels. Each parcel will have their own deeds. Ray said the lot split will require that garage access will have to change from the existing location on the south side of the building. Building Permit #36555 is being processed to redesign the garage to create a garage door entry off of Morningside Street and to enclose the existing garage door opening on the south side of the building. Ray said staff recommends the following standard conditions be applied;

1. Provide separate deeds for each created parcel.
2. In addition to the legal descriptions that appear on the R.O.S. (Record of Survey; which is filed with the County Recorder and is not recorded) provide the City a separate 8-1/2 x 11 legal descriptions for each parcel.
3. A utilities and drainage easement shall be completed, notarized, and recorded.
4. The applicant shall submit for review all legal documents to the City Attorneys Office.
5. Submit a building permit to remodel garage opening.

Deputy City Attorney Paula Houston said there needs to be a finding that there are no roads through this on any proposed plans or general plans. Ray said there would be no roads going through there just a driveway for the separate lot.

Deputy City Attorney Paula Houston said there are five steps that needs to be addressed;

There are no map lines of a proposed street as shown on the General Plan
Does not require any dedication of land for street or for other public purposes
It is approved by culinary water authority and sanitary sewer authority
Located in the zone area
Conforms to all applicable land use ordinances or has properly received a variance for those ordinances
She said these steps need to be put in writing so the chairman can sign it.

Lawrence Featherstone said the tree will have to go once they pour the driveway.




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MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request to split one parcel of land into two lots for property located at 943 South Morningside Drive, Mr. Lawrence Featherstone, applicant, subject to the conditions our attorney and that they put in writing and signed by the chairman according to staffs recommendations. Commissioner Bracken seconded the motion. All voted aye.


CONDITIONAL USE PERMIT

Consider a request for a conditional use permit to construct a detached accessory RV garage and workshop that would exceed the allowable height of fifteen feet (15') up to approximately nineteen feet-ten inches (19'-10") high located at 2543 East 2150 South Circle. Mr. and Mrs. Carter, applicants. Case No. 2006-CUP-015

Planner Ray Snyder said this is a request to construct a residential garage. The building would consist of an RV garage, vehicle garage, and private workshop. The size would be approximately 952 square feet. The building will be single-story. Staff recommends approval.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request for conditional use permit to construct a detached accessory RV garage and workshop that would exceed the allowable height of fifteen feet (15') up to approximately nineteen feet-ten inches (19'-10") high located at 2543 East 2150 South Circle, Mr. and Mrs. Carter, applicants. Commissioner Nobis seconded the motion. All voted aye.


DETERMINE USE

Determine the required number of off-street parking spaces for the Viracon Tempered Glass Plant. Case No. 2006-DU-003

Planner Ray Snyder said this came up based on a plan check. Ray pointed out that from their square footage of office space (15,887) they would need 64 parking spaces, on the Warehouse/Manufacturing (219,256) they would need 220 parking spaces, therefore they would need 284 parking spaces.

Ray said the applicants representative stated at the March 28, 2006 Planning Staff Review meeting that there would be two shifts with a maximum shift size of 90 people and a total work force of 250 people.

Ray said staff does not feel that this is an unreasonable request.
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Commissioner Campbell asked if Planning Commission would be making their decision based on the type of use for the building or the type of building if they did change occupancy? Ray said that would be a Planning Commission call.

Bob Nicholson said in the future the City may see more requests such as this. Commissioner Taylor feels they should go with what the code says.

Carol Sapp, chairman of the Washington County Economy Development Council said one of the things that might be considered here is what is best for the company which would be best for the City. She feels a parking space is one issue, but the picture in terms of an industrial plant to this one there is more to look at than parking spaces. She said they are also concerned about non- permeable surfaces in this community. It making your decision that is one thing Planning Commission may want to consider.

Chairman Almquist had to leave and turned the meeting over to Commissioner Bracken.(6:42 p.m.)

MOTION: Commissioner Burks made a motion to recommend to City Council approval Determine the required number of off-street parking spaces for the Viracon Tempered Glass Plant the 284 parking spaces are adequate for this facility, the amount of property that is waived for parking is put into pre-plan landscaping. Commissioner Campbell seconded the motion.

Commissioner Taylor voted nay
Commissioner Burks voted aye
Commissioner Campbell voted aye
Commissioner Hullinger voted aye
Commissioner Nobis voted aye Motion carries 4 to 1