Planning Commission Minutes

Tuesday, October 10,2006



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
October 10, 2006 - 4:00 p.m.

PRESENT: Chairman Gil Almquist
Commissioner Ross Taylor
Commissioner Mike Nobis
Commissioner Ron Bracken
Council Member Gail Bunker
Commissioner Julie Hullinger
Commissioner Chapin Burks
Commissioner Kim Campbell

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Director Bob Nicholson
Planner Ray Snyder
Planner John Willis
Engineer Jay Sandberg
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.

Note: The minutes do not reflect the same order as the agenda. At 5:00 p.m. the Planning Commission will hear the public hearings.

FINAL PLATS

A. Consider approval of a final plat for Corner Stone with 24 single-family lots located at 3000 East and Seegmiller Drive. Mr. Bill Halton, applicant. Case No. 2006-FP-093

B. Consider approval of a final plat for The Ledges Phase 7 with 41 single-family lots located between Phase 3, the Clubhouse and the Fairway of the first hole. Mr. Randy Deschamps, representative. Case No. 2006-FP-102

C. Consider approval of a final plat for Sun River Phase 27 with 50 single-family lots located on Ambassador Drive. Mr. Brandon Anderson, representative. Case No. 2006-FP-076

D. Consider approval of an amended final plat for The Ledges Phase 1 to increase the pad size on lots 108-117 located west of Clubhouse and south of Ledges Parkway. Randy Deschamps, representative. Case No. 2006-FPA-090
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MOTION: Commissioner Taylor made a motion to recommend to City Council approval of the final plats read into the record and authorize Chairman to sign. Commissioner Bracken seconded the motion. All voted aye.


CONDITIONAL USE PERMITS

Consider a request for a conditional use permit for permission to establish and operate a Pre-School. A maximum number of 12 children are proposed. The planned schedule would be two 2-hour classes on Mondays, Wednesdays, and Fridays, from 10:00 a.m. to 12:00 p.m. and then again from 1:00 p.m. to 3:00 p.m. Also proposed is one 2-1/2 hour class on Tuesdays and Thursdays, running from 9:30 a.m. to 12:00 p.m. The applicant would like to be approved to add a second Tuesday and Thursday class from 12:30 p.m. to 3:00 p.m. in the future. The zoning is R-1-10 (Single Family Residential 10,000 sq. ft. minimum). The property is located in Bloomington at 1461 West Geronimo Road. The applicant is Mrs. Lisa Mace. Case No. 2006-CUP-028

Planner Ray Snyder presented the Conditional Use Permit. Ray presented a slide presentation of the location and went over the applicants proposed operation. Ray said he has received two letters in opposition to this request. If the Planning Commission recommends approval, staff suggests the following conditions;

1) A final fire inspection would be required prior to operation. The applicant shall comply with all Fire Department conditions, such as the posting of fire escapes routes, smoke alarms, etc.
2) The applicants shall work with the neighborhood to mitigate any drop off and pick up issues.

Lisa Mace the applicant addressed the concerns about the rock wall that is along her back yard stating that there is a small 2 ft. drop from the rock wall down to a patch of grass. She feels this is not a safety issue to the pre-schoolers.

Commissioner Campbell asked about the drop off and pickup area. Is there any street parking? Lisa replied that she has a 3-car driveway and there will be 1-car in the driveway during the pre-school operation. The other parents can pull up and park on the street and walk their child down to the door of her home.

Council Member Bunker commented that there is no curb and gutter and she has a difficult time imaging 12-15 cars coming down that road and dropping their children off.

Commissioner Campbell asked Planner Ray Snyder if the road is for public parking or private. Ray replied that the road is public.

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Pete Floyd a nearby resident stated that he is representing 15 residents in this area. He indicated that CC&Rs for the Bloomington area does not allow a home to be used for commercial activity. They are concerned about the safety of the children during the drop off and pick up. Pete informed the Planning Commission that this will be the second business license for this home.

Dave Hunter a resident feels that parking is going to be a problem. He understands that Mr. Mace runs a woodworking business out of his garage. He indicated that having 12 pre-schoolers during each session is going to cause a huge problem with traffic. Noise is also an issue.

Mitchell Abhord said this is an issue that is affecting this neighborhood. Traffic is a major issue.
Annette Lee feels the applicants side and back yard needs improvement in order to have a pre-school. She is opposed to this request.

Mrs. Mace said she understands the neighbors concerns. She addressed the some of the concerns of the neighborhood.

Commissioner Nobis asked about her husbands home business. Mrs. Mace said her husband has a small wood hobby business on the side. No one comes to their home to purchase anything.
Deputy City Attorney Paula Houston said that her husbands business cannot take up the whole use of the garage. She still has to be able to park their cars into the garage. Deputy City Attorney Paula Houston read into the record the parking requirements for a home and a home base occupation.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval of a request for a conditional use permit for permission to establish and operate a Pre-School. A maximum number of 12 children are proposed. The planned schedule would be two 2-hour classes on Mondays, Wednesdays, and Fridays, from 10:00 a.m. to 12:00 p.m. and then again from 1:00 p.m. to 3:00 p.m. Also proposed is one 2-1/2 hour class on Tuesdays and Thursdays, running from 9:30 a.m. to 12:00 p.m. The applicant would like to be approved to add a second Tuesday and Thursday class from 12:30 p.m. to 3:00 p.m. in the future. The zoning is R-1-10 (Single Family Residential 10,000 sq. ft. minimum). The property is located in Bloomington at 1461 West Geronimo Road, applicant is Mrs. Lisa Mace, subject to a fire inspection, having the applicant install a chain link fence, which was outlined on the sketch that was presented to Planning Commission, in order to have the children isolated in the backyard and to install a lawn area and walking path that leads back to the pre-school area.


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Commissioner Bracken questioned if Commissioner Nobis would like to add to his motion that there be an adult present at the drop off and pickup area of the home to assist the children being dropped off.

Commissioner Nobis said he would add that request to his motion.

Commissioner Taylor questioned if Commissioner Nobis would like to add to his motion a gated entry to the premises. Commissioner Nobis indicated he made that part of his original motion.

Commissioner Hullinger seconded the motion.

Commissioner Burks, Commissioner Bracken, Commissioner Campbell voted nay
Commissioner Nobis, Commissioner Hullinger, Commissioner Taylor voted aye
Chairman Almquist voted aye. Motion carries for approval 4 to 3.
Commissioner Taylor said to the residents that if their CC&Rs indicate that no commercial activity is allowed in the residential area then they need to make sure they apply that requirement to all the residents of their community.

GENERAL PLAN AMENDMENT - PUBLIC HEARING (5:00)

A. Consider approval of an amendment to the City General Plan to change the land use designation of OS (Open Space) to VLDR (Very Low Density Residential up to 1 du/ac). The site is located east of Tonaquint Drive and south (uphill) from the existing Southgate Hills subdivisions and Legacy Townhomes, to the ridgeline overlooking Bloomington. The area consists of approximately 54.0 acres. Ence Homes/SITLA applicant(s). Case No. 2006-GPA-006

Bob Nicholson Community Development Director said the area they are to speak of tonight is located east side of Tonaquint Drive ridgeline. The power poles are along the east-west ridge. The area has been zoned open space for many years. Bob presented slides of the area. Bob said the power lines are in the proposed median. The request is to change the General Plan to very low density which would be 1 home per acre. Clustering housing is permitted with no increase in the overall density. There is a mandatory 100 ft. setback from the ridgeline. There is a major problem with water service. Until that issue is resolve he strongly recommends that this is not be approved.



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Commissioner Bracken commented this has been open space for many years. He would like to know what has happen to make this come forward tonight to be change. Bob replied that the applicant is requesting the change. Bob said he expects this was annexed into the City back in 1982 when Bloomington was brought into the City.

Commissioner Campbell asked what percentage is buildable. Bob said there are 54 acres that are potentially buildable less the 100 ft. setback from the ridgeline.

Commissioner Burks asked if this has to be heard or can they wait till the water issue is resolved. Chairman Almquist said they can still go through the public hearing process.

Rob Reid from Rosenberg & Associates representing the applicant pointed out the water tank would be serviceable to some of the land. They are looking at other options to obtain the water pressure. Perhaps install another water tank to increase the water pressure.

Korey Kinder with Ence said they are looking at this parcel as an amenity type area where there will be trails. They already have in their plans to have the homes off the 100 ft. ridgeline single-story. Their water pressures are durable in some areas of the land. They will not build unless there is adequate pressure. Out of the 138 acres they would only use 54 acres as the buildable area.

Thomas Partridge lives in Bloomington. He did not receive a letter from the City regarding this project. He feels that everyone in Bloomington is not in favor of this project.

Dick Lee he said he thought this would remain open space. He is opposed to the change.

Anne Rosa said she is concerned about the traffic. Wants to keep it open space.

Todd Goss with the Southern Utahs Climbers Coalition said if something is open space then it should remain open space.

Wayne Pace does not have an objection to having this changed. He stated that above the water tank there is a historic concrete arrow that was first used for navigation. The arrow belongs to the Sons of Utah Pioneers. He would not want development to block access to that historic arrow.

Jamie Carpenter her group has been working with Kent Perkins to set aside land on the west side of Tonaquint . She indicated that SITLA owns a lot of land. She feels SITLA of all people should be accountable to preserve the open space.

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Lynn Taylor lives below the water tank. He has a continuous problem with people throwing things off the hill. He said if there are trails along the ridgeline then there should be some control of the area.

Kamarie Naase presented slides of her backyard which backs the cliffs. She wants to know what heavy impact there will be on the site during construction. The public safety issue is a very important. She would like to see the setback from the ridgeline changed to 200 ft.

Dr. Creed Evans said he is in favor of building the homes on the 53 acres. He thinks the water can be pumped up to that location.

Kyle Pasley with SITLA said their overall use of the project is nothing more than what was approved with Tonaquint Terrace. This is the same vision they have as what has already being build with Tonaquint Terrace. They would be willing to do a more detail plan on the development.

Raymond Kuehne stated rocks have come down from that hill. Raymond mentioned Dr. Creed Evans home and that he did not abide by the 100 ft. setback from the ridgeline. Theyre concerned that the City has not been very vigilant in enforcing these types of provisions.

Chairman Almquist asked staff to give a little history regarding the hillside ordinances requirement for the rock fall and mitigation and the history of the 100 ft. setback.

Bob Nicholson said he is quite certain that Mr. Evans received a building permit before the 100 ft. setback was in place. The City has been very diligent in assuring that the setbacks are met since they had been adopted in 1991 for new subdivisions. Bob said rock fall is a serious concern. If there were blasting for a new subdivision then that would have to be looked at. Bob said he met with the Barry Barnum City Director for Water and Energy Services and he said water pressure is not there today.

MOTION: Commissioner Burks made a motion to recommend to City Council denial of an amendment to the City General Plan to change the land use designation of OS (Open Space) to VLDR (Very Low Density Residential up to 1 du/ac). The site is located east of Tonaquint Drive and south (uphill) from the existing Southgate Hills subdivisions and Legacy Townhomes, to the ridgeline overlooking Bloomington. The area consists of approximately 54.0 acres. Ence Homes/SITLA applicant(s). denial for the amended Commissioner Taylor seconded the motion.

Chairman Almquist asked Deputy City Attorney Paula Houston if the board needed to list any findings on their motion. Deputy City Attorney Paula Houston said it always a good idea to have them but no they are not required to do so.

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Commissioner Burks said his findings would be the aesthetics of the area and he feels this would become an eyesore for the City. Commissioner Taylor seconded that into the motion.

All voted aye.

Consider approval of an amendment to the City General Plan to change the land use designation of LDR (Low Density Residential) to COM (Commercial). The site is located west of River Road at about 1800 South, south of an LDS Chapel and west of Quail Valley Subdivision. The area consists of approximately 11.6 acres. Mr. And Mrs. Cottam, applicants. Case No. 2006-GPA-005

Bob Nicholson Community Development Director presented a slide exhibits of the location. Bob pointed out the existing commercial areas on the General Master Plan. Bob said the comments to the applicant were that the City felt it had adequate commercial parcels on River Road. The applicant would like to limit their use to professional office uses.

Jim Raines with Bush & Gudgell representing the applicant said the Cottam family has been working on this project for about a year now. Jim went over the goals and objectives of the Cottam family. One of those goals is that the commercial zone would minimize traffic and provide low impact development to residential area. Jim pointed out the green area buffer which is about 3 acres of the back side of Cottams property. It sits about 10-16 ft. below the Cottams property down in the elevation of Eagles Landing. Jim said they had a neighborhood meeting with about 20 or so local residents. They want to propose a professional business park. The area would be kept out the drop off area of the land. Jim presented a color rendering of the proposed business park. He presented a rendering of one-story office buildings that have the concept of a home. He feels this would be a different use for this area instead of a commercial/retail use.

Commissioner Burks asked if hey have seen the letter from the St. George traffic. Jim said he has not seen the letter. Jim said his traffic impact would be about the same if it was zoned residential.

Jason Griffith with NAI said the reason they did this plan is to show that it makes sense. One comment they received from the residents in Eagles Landing is they would like to have the tamaracks removed and have trees planted and the area landscape. He said he has had interest with local residents to have offices in that location.

Vic Lopez said he is concerned about the speed on River Road. He is wondering about traffic lights in the future. He doesnt know if this commercial property would impact the traffic worst for this area.
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Carol Green said she likes the changes they have made. She is concerned about the traffic. She said they counted 300 parking spaces for this development on the site plan. That is a concern.

Mark Bradshaw spoke on the speed of the traffic on River Road.

Rick Snyder City Traffic Engineer said there are traffic problems in this neighborhood. Rick explained that any time there is a change to the General Plan for its use then it takes time for the City to review other plans such as traffic to adjust to that use. He doesnt know when this would be resolved.

Jim Raines said if they go commercial they would go with a Traffic Impact Study and they would be able to supply a more detail report on the traffic issues.

Commissioner Taylor said he can see that a professional park would be positive for the community and the City. He would like to make sure that it would be an PD zone.

Jim Raines said the Cottams would be willing to change their request tonight from Commercial to Administrative Professional Offices.

Deputy City Attorney Paula Houston indicated that the City will have a hearing at the City Council level. So Planning Commission can proceed without re-noticing residents about the change of use.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of an amendment to the City General Plan to change the land use designation of LDR (Low Density Residential) to AP/PD(Commercial). The site is located west of River Road at about 1800 South, south of an LDS Chapel and west of Quail Valley Subdivision. The area consists of approximately 11.6 acres, Mr. And Mrs. Cottam, applicants and allowing this property to be zoned office professional. Commissioner Campbell seconded the motion. All voted aye.


ZONE CHANGE - PUBLIC HEARING (5:00)

Consider a zone change request from R-1-10 (Single Family Residential) to PD (Planned Development) for Los Colinas (formerly The Willows) Note: a name change will be required to avoid confusion with existing Villa de Colina; on 52 acres located south of Pioneer Road (adjacent to Calvary Church.) SCH Properties, applicant, Mr. Steve Wilson, Gilson Engineering, representative. Case No. 2006-ZCA-018

Planner Ray Snyder presented the item by stating the item is not only requesting R-1-10 to be zoned changed but also to include OS (Open Space) land. Ray pointed out that this was before PLANNING COMMISSION
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the Planning Commission on September 26th as a discussion item. Ray continued to state that the property is bordered by the Virgin River along the north side, SITLA on the south and Pioneer Road along the east; generally located south of Pioneer Road and adjacent to Calvary Chapel Church. The applicant proposes to develop 193 residential lots ranging in size from 5,000 sq. ft. to more than 15,000 sq. ft. Ray went over staffs comments;

1) If the zone change is approved the applicant will proceed with plat submittals (preliminary plat and final plat).
2) A TIS has been done with the following conditions attached;
a. The proposed development roads should be constructed per the City of St. George standards.
b. Construct and widen the west side of Pioneer Road to the full half width (Minor Arterial) and include right turn deceleration lanes at both accesses.
c. Remove the Calvary Chapel driveway when the new shared driveway becomes operational.
d. All signing and striping shall conform to City of St. George and MUTCD standards.
3) A public trail is to be constructed within the sewer line easement.
4) The sewer lift station will br removed and a gravity flow line along the river will be installed.
5) Calvary Church and the applicant are making a land exchange; additional parking will result for the church.
6) A deceleration lane is required on Pioneer Road in front of Calvary Chapel and this subdivision.
7) The property sits on a bluff approximately 25 ft. to 30 ft. above the river, except for the lots by the proposed park.
8) A City park is included in the proposal.
9) All dwellings will be single family residences, with a combination fo one-story (1 story) up to fifteen (15') high and two-story homes with roof heights up to twenty-five feet (25').
10) All streets within the project are proposed to be public streets.
11) An agreement is required; the applicant proposes to give the City an easement for the sewer line in return for the City committing to constructing the City park and the PD zone change.

City Engineer Jay Sandberg said they have been working on getting a sewer line easement. The Citys proposal is to build a trail on the easement. The City would like to move forward with that. Jay feels the park should be looked at separately. He believes this is something the Planning Commission would like to recommend. Jay also pointed out that the rock berm needs to be extended out along the Virgin River.

Mike Richardson said they have been working with City staff. The conceptual layout shows what they have been working out with City staff. The park that will be in the subdivision will be PLANNING COMMISSION
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a public park. They will work with the City in putting in a trail system. Mike spoke on the land exchange with Calvary Church.

Steve Wilson from Gilson Engineering wants to make it clear that they will provide the park and trail system on top of the sewer line.

Rick Nuard pastor of Calvary Chapel said they like the idea of the park and they are part of the sewer plan. He feels this would be good for the community. They are in favor of this project.

Jeff Franklin assistant pastor of Calvary Chapel said this will be a definite win for the church in for the public park and public trails.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a zone change request from R-1-10 (Single Family Residential) to PD (Planned Development) for Los Colinas (formerly The Willows) Note: a name change will be required to avoid confusion with existing Villa de Colina; on 52 acres located south of Pioneer Road (adjacent to Calvary Church.) SCH Properties, applicant, Mr. Steve Wilson, Gilson Engineering, representative, to include staffs comments and recognize the public trails and park to be developed by the developer. Commissioner Bracken seconded the motion. All voted aye.


Meeting adjourned at 7:05 p.m.