Planning Commission Minutes

Tuesday, January 9,2007



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
January 9, 2007 - 4:00 p.m.

PRESENT: Chairman Gil Almquist
Commissioner Ross Taylor
Commissioner Michael 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.

CONSENT ITEMS - FINAL PLATS

A. Consider approval of a final plat for Franklin Place Amended and Extended Phase 1 by increasing the size of lots 1, 11, 12, 18 and reducing in size lot 10 located at the southwest corner of the intersection of 2450 South and Little Valley Drive. Mr. Jim Raines, Bush & Gudgell, representative. Case No. 2006-FPA-103

B. Consider approval of a final plat for Tuscan Hills Phase 3 with 43 single-family lots located near the intersection of Dixie Drive and Plantations Drive. Haskell Homes, applicant. Case No. 2006-FP-119

C. Consider approval of a final plat for Ledges Phase 10 with 31 single-family lots located at south and east of Phase 5 and 6. Mr. Randy Deschamps, representative. Case no. 2006-FP-116

D. Consider approval of a final plat for River Crest Phase 4 with 7 towhome units located at approximately 2450 South and River Road. Mr. Jeff Adams, representative. Case No. 2006-FP-118

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MOTION: Commissioner Nobis made a motion to recommend to City Council approval of the final plats read into record and authorize Chairman to sign. Commissioner Burks seconded the motion. All voted aye.


PRELIMINARY PLATS

A. Consider a preliminary plat request for Sun River Phase 30 with 51 single-family patio home sites located at approximately 1750 West and 4880 South. Sun River Development, applicant. Case No. 2006-PP-053

City Assistant Engineer Jay Sandberg presented aerial photos of the location. Jay said this is a typical Sun River phase layout. This phase has the new standards of 10 ft. building setback and 20 ft. garage setback. The diagram shows the location of the Atkinville Wash, and the 100-year floodplain. Some erosion protection will be required in the vicinity of lots 1720-1725. Staff recommends that the developer be required to provide a landscaping detail that shows how Atkinville Wash will be landscape along the erosion protection to have a more natural look that what has been previously completed in other areas of the wash. The plat also shows the location of a church site that will be constructed at a future date on Angel Arch Drive.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat request for Sun River Phase 30 with 51 single-family patio home sites located at approximately 1750 West and 4880 South including staff comments. Sun River Development, applicant. Commissioner Hullinger seconded the motion. All voted aye.


B. Consider a preliminary plat for a town home project. The development will consist of 94 units, a club house, and a pool. The project is called The Flats at South Pointe. The buildings are two-story. The site is located at 2750 East, 450 North. Pine View High School is adjacent to the property to the north. The property is on approximately 7.06 acres. The site is zoned R-3 (Multiple Family Residential). The owner is Mr. Travis Parry, K&K Construction. The representative is Ms. Linda Kirkpatrick. Case No. 2006-PP-043

City Assistant Engineer Jay Sandberg presented the vicinity map and photos of the area. The project is a total of 94 units and most of them are attached. The project consists of private driveways. The current zoning is R-3. Jay said the City Traffic Engineer is recommending that there be a contribution from the applicant for a traffic signal at the intersection of 450 North and 3050 East.
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Jay said the City would like to see the development connect 450 North to 2450 East in order to enhance traffic circulation for the development.

Commissioner Burks asked if the applicant is willing to share part of the cost for the placing of the traffic light? Jay believes the applicant is willing.

Council Member Bunker asked about the time frame for the road improvements. Jay said the time frame is what they are trying to work out now.

Commissioner Campbell asked about the street trees on the interior roads. Jay said the street trees would be required only on 450 North.

Commissioner Nobis asked what section of the road will the applicant be responsible for? Jay said that 2720 East will be completed by the applicant. Her development would improve half of the 450 North section.

Jim Raines, Bush & Gudgell discussed the overall road issue and the impact of The Flats. Jim said the extension and the completion of 450 North should not be a requirement for The Flats. They are willing to work out the details for this with the City. He feels they are not very far apart on this issue.

Linda Kirkpatrick the developer said she has been aware of 450 North Street issues. It comes down to budgeting for this to happen. The size of the project does not warrant the completion of 450 North. She has met with Gary Esplin and Matt Loo on this issue. They have encouraged work force housing. Linda is interested in working with staff, but she doesnt feel that this road completion should be tied into this project. Linda said they will heavily landscape 450 North and it will be maintained by the HOA.

Council Member Bunker asked if the units were rentals. Linda said they rent restrict.

Bob Nicholson said the reason that 450 North needs to be connected is because Millcreek Industrial Park workers need an outlet. If they dont finish this road then the traffic from Millcreek Industrial Park will impact the other neighborhoods.

Jim Raines said they dont disagree. He still does not think it needs to be a condition on the approval of the plat.

Jay Sandberg said the City is interested in getting this road


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MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat for a town home project. The development will consist of 94 units, a club house, and a pool. The project is called The Flats at South Pointe. The buildings are two-story. The site is located at 2750 East, 450 North. Pine View High School is adjacent to the property to the north. The property is on approximately 7.06 acres. The site is zoned R-3 (Multiple Family Residential), attached to this motion are the staffs comments regarding the requirement by the traffic impact study for the signage of the traffic signal on 3050 East and the Citys intent to pave two lanes from 450 North to 2450 East to 2720 East and the signing and striping as noted on the report. The owner is Mr. Travis Parry, K&K Construction. The representative is Ms. Linda Kirkpatrick.

DISCUSSION ON THE MOTION
Commissioner Bracken asked if on his proposal if he was allowing them any leeway way to have their project stubbed in or are you just forcing the road over the top before they can do that.

Commissioner Taylor replied in terms of the time frame? Commissioner Bracken said yes. Commissioner Taylor said his understanding was that the City is willing to participate on 450 North from 2450 East to 2750 East as long as it is in a timely manner. If the project wants to delay that then it is not in the Citys best interest to participate but leave it up to the developer entirely if it is done much later. His interpretation would be that the participation of the City would be at the same time as the development of The Flats. Commissioner Bracken said in your proposal you are also forcing them to participate right now rather than take a few months to get that subbing in for the other. Commissioner Taylor said that is true.

Jay Sandberg said on other projects that have been in the same situation the City hofas suggested that some kind of agreement be reached prior to the construction drawings being approved.

Commissioner Taylor felt a development agreement with a time-line from the developer would be helpful to the City prior to the construction drawings being approved.

MOTION: (continued) Commissioner Taylor said he will make that part of his motion. Commissioner Bracken seconded the motion.

Commissioner Burks voted nay Commissioner Hullinger voted aye
Commissioner Nobis voted aye Commissioner Taylor voted aye
Commissioner Bracken voted aye Commissioner Campbell voted aye

Motion carries 5 to 1.


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WALL HEIGHT

Consider a request for a retaining wall to exceed ten (10') feet in height up to a maximum of fourteen (14') feet between Lots 69 and 103 of the Bloomington Hills Subdivision. The address is at 2262 South Calanus Circle. Mr. John Wyler, applicant. Case No. 2006-WH-003

Planner Ray Snyder said the applicant seeks approval for a retaining wall that exceeds ten feet in height. Ray presented photos of the lot. Ray said staff comments are as follows;

1. The wall runs along the rear yard of Lots 69 and 103.
2. The adjacent property owner Mr. Philip Palma has submitted a letter giving consent to construct the retaining wall.
3. A moisture barrier is required on the design detail.
4. Staff recommends approval of the proposed retaining wall.


MOTION: Commissioner Nobis made a motion to recommend approval of a request for a retaining wall to exceed ten (10') feet in height up to a maximum of fourteen (14') feet between Lots 69 and 103 of the Bloomington Hills Subdivision. The address is at 2262 South Calanus Circle. Mr. John Wyler, applicant. Commissioner Campbell seconded the motion.

DISCUSSION ON THE MOTION
Commissioner Taylor said the only concern he has is to assure that the north wall would be a setback wall instead of built on the present retaining wall then intend to setback 4 ft. and go up with a privacy wall they would want them to hold with that pattern. Commissioner Nobis asked isnt that part of the design we are approving here tonight.

Chairman Almquist clarified that Commissioner Taylor would like the wording to be part of the motion stating Provided that be part of the design in the motion.

Chairman Almquist said another question that might arise is that where they have had straight concrete blocks walls that were built out of block or the case up Snow Canyon Parkway where the long wall was built it was colored. He would assume that would be the case in this one where the upper wall and a lower wall would match in color.

John Wyler the applicant said that is the way it is intended to be, is the lower part and the concrete part will be stuccoed the same color as the cinder block on top. He would like to state that the wall is stepped so that on the north side it goes back 4 ft. and then across.


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MOTION: (continued) Chairman Almquist asked Commissioner Nobis if he accepted what the applicant said about the stuccoing of the wall. Commissioner Nobis and Commissioner Campbell accepted that comment into the motion. All voted aye.
CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit to construct a three (3) story extended stay 84 unit lodging facility that would exceed the allowable building height of thirty-five feet (35'). The project is called the Marriott Town Place Suites. The approximate maximum proposed height requested would be forty-seven feet nine inches (47'-9"). The building would be 15,010 square feet building. The subject property is on Lot 7 of the Rimrock Commercial Center and is south of and adjacent to the Courtyard by Marriott. The zoning is C-2 (Highway Commercial). The applicant is Desert Hills Lodging, Kevin Ence, representative. Case No. 2007-CUP-035

Planner Ray Snyder presented color renderings and the site plan for the building. The Hillside Review Board has seen this property and has supported this development. The applicant will put in a more structural wall and have it painted to match. Ray said this conditional use permit is for the height. The applicant proposes to construct an 84 room, three (3) story extended stay lodge. Ray stated the applicant needs to comply with City Traffic Engineer requirements for access and circulation. The Engineering Department will work with the applicant to addresses any site drainage issues.

Spencer Willard representative for Kevin Ence said the extended stay would be anywhere from 7 to 29 days. The wall will extend just as it is today. They are planning to have the wall decrease with the hill.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a request for a conditional use permit to construct a three (3) story extended stay 84 unit lodging facility that would exceed the allowable building height of thirty-five feet (35'). The project is called the Marriott Town Place Suites. The approximate maximum proposed height requested would be forty-seven feet nine inches (47'-9"). The building would be 15,010 square feet building. The subject property is on Lot 7 of the Rimrock Commercial Center and is south of and adjacent to the Courtyard by Marriott. The zoning is C-2 (Highway Commercial) subject to staffs comments. The applicant is Desert Hills Lodging, Kevin Ence, representative. Commissioner Campbell seconded the motion. All voted aye.



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B. Consider a request for a conditional use permit to incorporate the operation of a spa treatment facility into an existing bed & breakfast (AVA House Bed and Breakfast) located at 278 North, 100 West. The zoning is RCC (Residential Central City; note: formerly R-2 zone). Case No. 2006-CUP-036

Planner Ray Snyder said this was recently known as the Olde Penny Farthing Inn. The applicant has submitted a site plan showing a drive through driveway. They are legally operating as a Bed and Breakfast. Ray read into the record the reason for an amendment to the Conditional Use Permit. The reason for this request is the owner teaches Yoga classes at various health/athletic clubs in the County. She also does spa treatments and her clients from the Yoga classes are requesting spa treatments from her. She would like to use her home to do these treatments.

Council Member Bunker asked about the parking spaces.

Gary Burnett the applicant addressed the parking spaces. He said they can park six vehicles in their circular driveway and three more cars in the side yard paved parking area. Gary said they operate today as a Bed and Breakfast and they are allowed to have someone come to this home and give a spa treatment to their guests. Now his wife is coming off her training as a spa consultant. There have been some clients that have come up to her and requested a spa treatments that are not guests at their Bed and Breakfast.

Commissioner Taylor feels the spa treatment will create more traffic than the bed and breakfast use. Gary replied they have 5 rooms that can be used by bed and breakfast patrons. Out of those 5 rooms only 4 of those rooms would be suitable for a spa treatment. If 4 patrons came for a spa treatment then you would have 4 cars. Commissioner Taylor said in a spa treatment you can have patrons come in for an hour then they leave then another group of patrons comes in for their spa treatment for the next hour. He feels this will create a great deal of traffic for this area.
Deputy City Attorney Paula Houston asked about the Conditional Use Permit and if they wanted to do both businesses at this location. Gary replied they want to do both.

Planner Ray Snyder asked Deputy City Attorney Paula Houston if a new Conditional Use Permit will supercede the old one. She replied it can but you can authorize two conditional uses on the property. Deputy City Attorney Paula Houston said the Planning Commission needs to be very explicit in their findings for this use and to limit the amount of cars. She said this will significantly increase the traffic for this location.

Commissioner Campbell questioned the ability of parking six cars in the circular driveway. Gary said his son does valet parking for the guests.


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Commissioner Hullinger asked where do the owners of the operation park? She said the patrons use the driveway most of the time and also the parking lot. So, you will need to accommodate their parking plus their guests. Gary said he and his wife use the driveway most of the time.

Gary said if the Board wanted to make a condition that the driveway be used as one way then he could put one-way signs up. Commissioner Taylor said legally they could only park three cars in that circular driveway.

Commissioner Taylor felt uncomfortable establishing parking requirements different because they offer valet parking. He feels they need to look at the parking for the community and see how this affects it here.

Bob Nicholson said with landmark sites there is some flexibility. Bob stated in landmark sites you give some limited commercial use. The task is to allow types of commercial uses where you dont have to have a lot of off street parking. The idea is to maintain the character of the historic property.

Commissioner Taylor said they could condition the number of massage therapists that could be allow on the site.

Jeff Madison a nearby resident stated he is in favor of the spa/treatment operation.

Commissioner Burks said he felt it would be in the best interest to let the owners sit down with City staff and come up with a schedule and proposed language that would cover this issue.

Commissioner Burks stated that he would like to recommend to postpone the issue until they have talked with staff and the legal department. Commissioner Nobis seconded the motion.

Chairman Almquist asked if that was a motion? Commissioner Burks replied yes. Deputy City Attorney Paula Houston asked if the public hearing was closed? Chairman Almquist said he did not close it yet.

Chairman Almquist said instead of having an extra meeting with City staff lets make a decision here tonight. He said the parameter could be set now.

Gary said lets just approve two therapists. If there is any need for a third therapist or there is growth to the use then they will come back and talk about it with Planning Commission.




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Commissioner Taylor went over the requirements the applicant is requesting, 1) 2 cars for two therapists, which includes your wife, 2) 3 cars for rooms for a total of 5 and they have 7 parking stalls.

Commissioner Burks said he would like to see the times for the use of bed and breakfast and the spa treatments. Commissioner Burks will withdraw his motion.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a request for a conditional use permit to incorporate the operation of a spa treatment facility into an existing bed & breakfast (AVA House Bed and Breakfast) located at 278 North, 100 West. The zoning is RCC (Residential Central City; note: formerly R-2 zone), with the conditions that have been discussed here this evening.

DISCUSSION ON MOTION
Commissioner Bracken said would you like to state in your motion that the reason they find that this way is because it is a landmark site.

Deputy City Attorney Paula Houston said you need to state why you are limiting the use such it is because of the traffic or parking issues. Commissioner Hullinger replied it would be the parking issue.

REVISED MOTION: Commissioner Hullinger amended her motion to include that there will be only 2 therapists on site (includes his wife) and that if the business increases the applicant will come back to Planning Commission for further approval. Commissioner Bracken seconded the motion.

Commissioner Nobis voted nay. All other voted aye. Motion carries 5 to 1.


ZONE CHANGE - PUBLIC HEARING (5:00 P.M.)

Consider a zone change request from M-2 (Manufacturing) to M-1 (Manufacturing) on Lot 26 of the Millcreek Subdivision on 5 acres, located on the northwest corner of intersection of 3050 East and 450 North. Mr. Lee Sheets, applicant. Case No. 2006-ZC-024

Community Development Director Bob Nicholson said this is a corner property in the Millcreek Industrial Park. The property to the north of this is zoned M-1. The applicant would like to change the zone of M-2 on his property because the uses for M-1 would allow broader uses


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Chairman Almquist asked would that include that any of the uses in an M-1 would conflict with the building when the building was built under the direction of an M-2? Bob said yes, the building would allow for the different uses.

Bob said the covenants still do apply and the zone change does not stop enforcing the covenants.

Mr. Lee Sheets the applicant included in the Planning Commissioners packet a brief statement for the reasoning of his request. He was wondering if they have any comment on his statement. They have been having problems renting part of their existing building. Right now he has an area in the building that is 25,000 sq. ft. that was occupied by the Boulevard Furniture store which has since vacated the building. They have turned away some large businesses. They would like to have the zone change so they can extend their uses.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a zone change request from M-2 (Manufacturing) to M-1 (Manufacturing) on Lot 26 of the Millcreek Subdivision on 5 acres, located on the northwest corner of intersection of 3050 East and 450 North. Mr. Lee Sheets, applicant. Commissioner Nobis seconded the motion. All voted aye.


CONDITIONAL USE PERMIT (continued)

C. Consider a conditional use permit to expand an existing gravel pit operation (previously approved for 19 acres in February 2004; Case No. 2004-CUP-014). This request is for a new 54 acre site. Located in approximately Section 27, T43S, R15W, S.L.B.M. The zoning is R-1-10 (Single Family Residential) and was determined in February 2004 by the Planning Commission to be a permitted use (due to its remote location). The applicant is Quality Excavation Inc. Case No. 2006-CUP-037

Planner Ray Snyder said in 2004 a Conditional Use Permit was approved. At that time the applicant thought it would play out in five years but after two years it has now been exhausted. Quality Excavation would like to expand their site with a new 54 acre site. The applicant proposes to mitigate the existing site(s) and to use the existing roadway previously approved. The applicant proposed to shut down the operation of an existing gravel pit and to relocate the gravel pit to a remote area in the City limits. There will be ample parking for the employees in this remote location. No improved surface is required. The application proposes to build and maintain a forty-foot roadway to the site. This road will connect with 1630 East.




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Ray said the applicant proposes to operate from 6:00 a.m. to 6:00 p.m. Some night time operation not to exceed 10 days per month. According to the applicant this property was cleared of archeological sensitive finds during ownership by the BLM. City staff would like to have something in writing stating that. A dust control plan and a water source plan shall be submitted to the City. The applicant shall demonstrate mitigation of the high sulfur content in the associated production well.

Ray said staff would recommend approval for this new 54-acre site contingent upon Planning Commission conditions;

1. Provide a site mitigation plan; the existing gravel pit(s) are to be mitigated (refill with soil and have compaction certified). This includes a geotechnical report and testing to the satisfaction of the Engineering Department (pad certifications).
2. A dust control plan shall be submitted.
3. The applicant shall demonstrate mitigation of the high sulfur content in the associated production well.
4. A channelization study is required.
5. As applicable; FEMA permits to be obtained.
6. As applicable; Army Corp of Engineers permits are required.
7. Provide a phasing plan.
8. Provide a fencing plan (identify wash boundaries).
9. The truck route shall be as previously approved for Case No. 2004-CUP-014.

Ray read a memo from Development Project Manager, Bill Swensen, with the following recommendations;

1. Perimeter fencing on the existing 19-acre site should be considered.
2. The original CUP required restoration and reclamation. Planning Commission should require areas already mined to be reclaimed. A site visit may be in order.
3. Reclamation of Phase 1 should be completed prior to starting Phase 3. A written request for Staff and possible Planning Commission review should be required prior to starting work in Phase 3 area.
4. The access road should be realigned to 90 degrees and a Stop sign installed at 1630 East.
5. Within the haul road plan area, the proposed operation hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, and later as needed up to 10 days per month. We would also like more specific information concerning the frequency of watering the site for dust control.
6. Concerning the water source, the information presented is vague. We would like more specific information about the availability of water to the site, and the backup source. We would also like more specific information concerning the frequency of watering the site for dust control.
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7. We also would like more a specific plan for controlling of dust along the conveyors, stock piles, and disturbed areas. We would like more a specific plan for controlling dust during blasting operations.
8. The City Attorney recommends there are no nighttime operations.
9. The statement: It is our understanding that the proposed excavation site was previously cleared of archeological sensitive finds prior to transferring ownership from the BLM should be clarified.

Rick Rosenberg with Rosenberg and Associates said this will be a site that will be used as open space. Eventually it will be turned into a golf course open space. There are only certain areas in Southern Utah where they can excavate those materials. The Ft. Pierce comes down the center of the two pits. They broke the new area down in phases. This will allow them to remove materials and once that is done they can fill it back in and move onto the next area. Rick spoke on the water issues. There has been a new well established on the site. They are working with a lab to remove some of the sulfur from the water. They also have a backup if the well needs to be taken down. They have a 6,000 gallon tank on the site. They are doing what they can to fight the dust problem out there. They would like to run their operation during the summer hours from daylight till 10:00 p.m. They would possibly like to run the operation on Saturday as well.

Commissioner Taylor asked about the new water source. He asked if the sulfur content has an odor? Rick replied yes, he said that is why it will need to be treated.

Commissioner Campbell how do they measure the dust control? Rick said he understands that the State has an instrument they use to determine that.

Justin Park the Superintendent Crusher Plant Operation said they acquire a certificate from the State. They are allowed about 20% of capacity. He inspects the dust on a regular basis. They get certified every six months. He stated that 20% of the capacity means you can see 80% through the dust.

Council Member Bunker said last summer every morning the area was showing dust. Will that take care of that type of problem? Justin said the summer time is their biggest problem.

Development Project Manager Bill Swensen said he has done reviews of the area. It is stated in the new application that the existing plant will continue to be located on the existing 19 acre site Bill would like to know how much of the portion of the site will be used for that? He does not see any re-vegetation of the area that is not being utilized. He would like to see that


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completed before they move forward to another area. He would like to see recommendation for this to occur prior to disturbing further land in the area. Before they move into the area, an inspection should be completed by the City. Bill suggested that they limit their hours to day time only. The City does not support night time hours of operation. He would like to know when the well would be available. He would like a timeline on that. Quality Excavation needs to call in 24 hours before the blasting takes place to the Police Department. There should be some understanding in writing that the architectural site has been accomplished. Bill wanted to know if the backup water from the City, will there be any limitation to that use.

Rick said the applicant has agreed to modify the access road. On the new well, they anticipate the sulfur line should be on the site in 30 days. The re-vegetation will be put back with native grasses. This site has not discharged water into the wash area. The daylight hours are acceptable to the applicant.

Curt Gordon with Quality Development said when he worked at the State they had to clear the site for architectural locations and the same would be for the BLM land. The areas have all been identified for this area and have been taken care of.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a conditional use permit to expand an existing gravel pit operation (previously approved for 19 acres in February 2004; Case No. 2004-CUP-014). This request is for a new 54 acre site. Located in approximately Section 27, T43S, R15W, S.L.B.M. The zoning is R-1-10 (Single Family Residential) and was determined in February 2004 by the Planning Commission to be a permitted use (due to its remote location), subject to the issues related to dust and water is adequately resolved and that the plans seem to be in line and could move forward. Also, includes staffs recommendations. Quality Excavation Inc., applicant. Commissioner Bracken seconded the motion.

DISCUSSION ON THE MOTION
Commissioner Nobis asked when will they move the crushing site. Curt Gordon replied they will need the 10-acre site for the 5 years.

AMENDED MOTION: Commissioner Taylor included into his motion that the 10-acre site will be for 5 years. Commission Bracken seconded the motion. All voted aye.







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MINUTES

Consider approval of the Planning Commission minutes for October 24, 2006, November 28, 2006, December 12, 2006 and December 19, 2006.

MOTION: Minutes were approved. All voted aye.


Meeting adjourned at 7:00 p.m.