Planning Commission Minutes

Tuesday, November 13,2007



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
November 13, 2007 - 4:00 p.m.

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

CITY STAFF: Community Development Director Bob Nicholson
Assistant City Attorney Joseph Farnsworth
Planner Ray Snyder
Planner John Willis
Engineer Cathy Hasfurther
Deputy City Recorder Linda Brooks


CALL TO ORDER
Chairman Almquist called the meeting to order and welcomed those in attendance. Chairman Almquist led the flag salute.

Chairman Almquist said he has been requested to ask the Planning Commissioners who would be willing to continue serving on the Planning Commission Board.

Commissioner Burks - yes Commissioner Hullinger - yes
Commissioner Nobis - yes Commissioner Taylor - yes
Commissioner Bracken - yes Commissioner Campbell - yes

Chairman Almquist said at the end of December 2007 the Mayor wants a temporary Chairperson until the process of the reorganization of Planning Commission has taken place.

MOTION: Commissioner Campbell made a motion to recommend Ron Bracken. Commissioner Burks seconded the motion. All voted aye.


CONSENT ITEMS - FINAL PLATS

A. Consider approval of a Road Dedication Plat for 3000 East/Crimson Ridge Drive/ Meadow Valley Blvd./Equestrian Drive. Located at approximately 3000 East and 3300 South. The developer is Quality Development. Mr. Jim Raines/Bush & Gudgell Engineering, representative. Case No. 2007-FP-055

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B. Consider approval of a Road Dedication Plat for 1600 South and Plantations Drive. Located at 1600 South and the west side of Dixie Drive. Mr. Rob Reid, representative. Case No. 2007-FP-051

C. Consider approval of an amended final plat for Ventana Professional Park. This is a 21 unit professional office development. Located at the intersection of 280 North and 1680 East. Mr. Larry Belliston is the owner and Pope Engineering is the representative. The zoning is C-2 (Highway Commercial Zone). The purpose is to combine lots 15 and 16 into a new lot 15, to combine 14 and 14A into lot 14, and slight revisions to lots 4, 5, 12, & 13. Note that Phase 1, 2, and 3 are combined into this one plat amendment. Case No. 2007-FP-046

D. Consider approval of an amended and extended final plat for Tonaquint Terrace Phase 2. Located at approximately 1300 West and 2200 South (Tonaquint area). Mr. Jim Raines/Bush & Gudgell Engineering, representative. The purpose is to adjust lot lines between lots 158 and 159 (to accommodate a larger building). Also to increase the northerly lot lines of lot 169 (to accommodate existing rock retaining walls). Case No. 2007-FPA-041

E. Consider approval of an amended plat for River Road Office Complex (Rim Rock Commercial Center Lot 5). This is for a professional office building in a commercial subdivision. Located at the intersection of 100 South and 1470 East Streets. Mr. Jim Raines/Bush & Gudgell Engineering, representative. The purpose is to renumber the building suites. Case No. 2007-FPA-054

F. Consider approval of a final plat for Blackridge Terrace No. 2 Commercial Center Condominiums. This is 14 unit professional office complex (7 main floor units and 7 units on the second floor). The site is located off 250 West (south of Garden South Phase 7). Mr. Roger Bundy is the representative. The zoning is PD-COM (Planned Development Commercial). Case No. 2007-FP-040

City Project Manager Todd Jacobson recommends approval for all final plats.

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




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PRELIMINARY PLAT

Consider an amended preliminary plat request for Fieldstone Estates. This is a 17 lot residential subdivision. Located south of Rasmussen Drive between 3000 East and 2780 East streets. The site is east of the Serenity Hills subdivision. The applicant is Mr. Chuck West. The zoning is R-1-12 (Single Family Residential) with a development agreement. The purpose is to do a lot size averaging. Case No. 2007-PP-017

Planner John Willis presented a slide presentation of the proposed site. This request is to create a subdivision with 17 single-family lots on 8.950 acres. The density for the site would be 2.01 du/ac. John pointed out that on July 6, 2006, the City Council approved a zone change request from A-1 (Agricultural) to R-1-12 (Single-Family Residential) with a development agreement, which required the developer to provide a neighborhood park. The proposed amendment would relocate the park and change the lot layouts.

This proposed development is using the Citys recently adopted Lot Size Averaging Ordinance, which will provide a mixture of lots sizes and preserve more open spaces. The overall density remains approximately the same as a typical R-1-12 development, but disperses different lot sizes throughout. No additional lots are being added or streets being moved with this amendment.

The following are staff comments;

1. Subject to the approval of the Planning Commission and City Council, open space and/or trail easements may be included in the subdivision density calculations for the purpose of complying with the density requirements of 2.8 du/acre.
2. There are on-going discussions regarding incorporating this park with a potential park to the south, which is part of Judd Palmers development.
3. Open space is currently labeled as Areas to be Donated to the City for a City Park. That note should be removed, unless an agreement can be reached with the adjacent property owner and the Parks Department to build a park to City standards.
4. Road A needs to be widened a minimum of thirty-two (32') ft. to accommodate two (2) way traffic. This will require additional property (ten (10') ft. to be dedicated from the property owner to the north.
5. The final alignment and grade of 3000 East has not been determined. The location of the road is based on the current location of the overhead utility lines and the irrigation ditch on the east side.
6. Because of the prevalence of ground water in this subdivision, a Geotechnical Engineer has made preliminary recommendations for mitigation. These preliminary recommendations need to be complied with, and any other recommendations from the final report. The more critical areas have been designated as open space.

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7. The area west of Road B designated as open space, is to be developed as a park and should be improved by the developer. The area designated open space which are east of Road B and west of 3000 East should be landscaped. Improvements along 3000 East should be completed by the developer including landscaping and street trees.
8. The row of trees on Road A at the intersection will be removed. The road grade shown on the plat does not allow for the trees to remain.
9. A storm drain will need to be installed along the south boundary of the subdivision, in order to collect storm water from running onto the adjacent property.
10. Staff is recommending that a twenty (20') ft. easement for a trail and ground water/dewatering drain, be required on the west side of 3000 East.

Commissioner Taylor asked about the park and how it would be accessed. John replied they are waiting to see what Judd Palmer will be doing with his parcel of land to the south. Judd Palmer came in for a zone change and he is going through the development agreement process right now.
Assistant City Attorney Joseph Farnsworth said that is a big part of the reason why they are requesting a development agreement. City Attorney Shawn Guzman does not want this to move forward to City Council until a development agreement has been done. One of the biggest concerns is with the park. He said depending on where the park is located on both parcels of land, it may be City maintained and it may be HOA maintained.

Commissioner Bracken said why is it on the agenda if the development agreement needs to be in place before City Council can hear it. Joseph said in talking with staff felt they were fine to move forward with this request but a development agreement must be in place before the plat proceeds to City Council for approval. But the Legal Department would feel more comfortable if they did wait until the development agreement was in place. In that way it would protect City interest.

Council Member Bunker asked about the ground water. Assistant City Engineer Jay Sandberg said along 3000 East it is really flat for about almost a mile. So it is like a basin or bowl. It does not drain well. It is a wise decision to take advantage of lot size averaging and leave the areas where it does not drain well where it could be filled and used as open space or a park. There will be a big storm drain that runs along the eastside of 3000 East and a small storm drain on the west side. Jay said staff feels really good about this plan. Jay said the original preliminary plat had the recommendations that were actually on the plat. It was recommended that all the homes be elevated with no basements. Jay said they are fine with moving this item forward.






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MOTION: Commissioner Taylor made a motion to recommend to City Council approval of an amended preliminary plat request for Fieldstone Estates. This is a 17 lot residential subdivision. Located south of Rasmussen Drive between 3000 East and 2780 East streets. The site is east of the Serenity Hills subdivision. The applicant is Mr. Chuck West. The zoning is R-1-12 (Single Family Residential) with a development agreement. The purpose is to do a lot size averaging. Commissioner Taylor recommends to have the project designed with staff comments and an executed development agreement before it goes to City Council. Commissioner Campbell seconded the motion.

Commissioner Taylor voted aye Commissioner Nobis voted nay
Commissioner Campbell voted aye Commissioner Bracken voted aye
Commissioner Hullinger voted aye Commissioner Burks voted nay
Motion passes 4 to 2 in favor.


Chairman Almquist pointed out that there are four applications to be heard on this one parcel (Executive Plaza). Planner Ray Snyder suggested they move forward with the Conditional Use Permit for the Washington County School District maintenance building and then hear the four applications for Executive Plaza. Chairman Almquist asked if anyone was opposed to adjusting the agenda. No one was therefore they moved forward with the Washington County School District request.

B. Consider a request for a conditional use permit to construct a WCSD (Washington County School District) maintenance building. The site is located at approximately 840 East Brigham Road. The property is located in the OS (Open Space) zone. The owner is WCSD and the representative is Alpha Engineering. Case No. 2007-CUP-021

Planner Ray Snyder presented the site plan for the maintenance building. The subject property is located at approximately 840 East Brigham Road. The site area is 252,650 sq. ft. The applicant proposes a 18,525 sq. ft. school district maintenance building. Large delivery trucks and service trucks will use the westerly driveway. There are two driveways and they are not dedicated public roads. The existing easterly service road will remain in position and will service the existing warehouse to the rear of this site. Ample room will be paved for access to the rear of the building/yard, dumpsters, and wash bay.

Chairman Almquist asked what their intent was in that gravel area to the east? Glen Carnaham with Alpha Engineering replied they will pave the first part of that now and then that gravel area is basically for equipment parking and storage. Eventually they may pave that area. They are proposing a cinder block wall all around the area.

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Commissioner Nobis said the site plan shows offices and conference rooms. Glen said those rooms are for their maintenance staff. Right now they are housed out of the Transportation building and they are basically running out of space.

Commissioner Campbell asked about the parking ratio for the office and warehouse. They only included the ones in the front for office space parking said Glen. Glen said they can provide additional parking spaces to the back of the building if needed. Glen clarified that they included all the uses for parking.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a request for a conditional use permit to construct a WCSD (Washington County School District) maintenance building. The site is located at approximately 840 East Brigham Road. The property is located in the OS (Open Space) zone based on the findings that it is not a significant impact on the open space designation and that they find that it is in harmony with the surrounding buildings and not a negative aesthetic and include staff comments. Commissioner Bracken seconded the motion. All voted aye.

CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit to construct a professional office building with a height exceeding 35 feet. The request is made by Brown Engineering, representative for the Executive Plaza project. The proposed maximum height is forty-two feet (42'). The site is located at 501 North Bluff Street. The property is zoned C-3 (General Commercial). Case No. 2007-CUP-020

Planner Ray Snyder said this is a request to construct an office building of a height that will exceed the required 35 ft. and to meet the standards of Section 10-17-7 (general standards for approval of conditional uses) to mitigate reasonably any anticipated detrimental effects (noise, dust, odors, aesthetics, safety, traffic, height, hours of operation, saturation/spacing, maintain character and purpose of zone, and public health).

Ray said if you measure from the very peak of the roof it would be (51'-3") and mid-roof height of forty-eight feet four inches (48'-4") on the front (Bluff Street). The average height on the north elevation is forty-two feet (42').

Ray said staff recommends approval with conditions and findings as determined by the Planning Commission. The following are suggested conditions of approval;

1. Approval is subject to approval of zone change.
2. The building is approved with a maximum peak height of fifty-one feet three inches (51'-3")
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and a mid-roof height of forty-eight feet four inches on the front (Bluff Street). The average height on the north elevation is forty-two feet.
3. Parking shall be demonstrated to meet the zoning ordinance requirements during the site plat review process. Parking spaces shall be 9 x 18 in size with 25' wide drive aisles minimum. Parking after UDOT widening shall meet site requirements.
4. A Site Plan Review application along with 4 sets of plans shall be submitted to the Development Services Dept. For standard plan check review. Screen all HVAC equipment from view. Provide a photometric plan.
5. Submit an Optional Merger application to Community Development to merge the two lots together.
6. This Conditional Use Permit is also approved subject to Section 10-17-7 to mitigate reasonably any anticipated detrimental effects (noise, dust, odors, aesthetics, safety, traffic height, hours of operation, saturation/spacing, maintain character and purpose of zone, and public health).
Traffic Conditions
1. Meet the requirements of the City Traffic Engineer.
2. Meet the requirements of the State of Utah Department of Transportation (UDOT).
3. All signing and striping shall conform to the City of St. George and MUTCD standards.

Planner Ray Snyder said he would like to continue with the Building Design Conceptual Site Plan for this project.

Kelly Schmutz requested that Planning Commission table this Conditional Use Permit for the height for 2 weeks. Then in 2 weeks he will bring back the elevation rendering from the top of the hill.

MOTION: Commissioner Hullinger made a motion to table the Conditional Use Permit for their next meeting in 2 weeks from tonight. Commissioner Bracken seconded the motion. All voted aye.


BDCSP (BUILDING DESIGN CONCEPTUAL SITE PLAN)

Consider a building design and conceptual site plan (BDCSP) to construct a professional office building. The request is made by Brown Engineering, representative for the Executive Plaza project. The site is located at 501 North Bluff Street. The property is zoned C-3 (General Commercial). Case No. 2007-BDCSP-003

Planner Ray Snyder a Building Design Conceptual Site Plan is required for a PD Commercial development. But he pointed out that part of the zone for this parcel is zoned C-3 which does not need to have a Building Design Conceptual Site Plan. This went before City Council once before PLANNING COMMISSION
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for a zone change and the applicant wanted to make the property in the back C-3. The Council recommended that they not do that and come back and do a PD Commercial zone. Ray questioned if it was fair to have two zones on this property and he thinks it is. It is a little unusual.

Ray said this report is very similar to the Conditional Use Permit. Planning Commission needs to determine if a BDCSP is necessary for this parcel.

Ray presented staff comments;

1. Approval is subject to approval of zone change.
2. The building colors and materials shall be per November 13, 2007 submittal to Planning Commission.
3. The building is approved with a maximum peak height to the top of the parapet of forty-two feet (42').
4. 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. Parking after UDOT widening shall meet site requirements.
5. A Site Plan Review application along with 4 sets of plans shall be submitted to the Development Services Dept. for standard plan check review. Screen all HVAC equipment from view. Provide a photometric plan. Pole lighting shall be of a dark sky style with no lens protruding below the side perimeter of the fixture. The light levels are to be verified by a light meter prior to occupancy.
6. Submit an Optional Merger application to Community Development to merge the two lots together.
7. Signage shall be under separate permit.
Traffic Conditions
1. Meet the requirements of the City Traffic Engineer.
2. Meet the requirements of the State of Utah Department of Transportation (UDOT).
3. All signing and striping shall conform to the City of St. George and MUTCD standards.
Chairman Almquist asked Assistant City Attorney Joseph Farnsworth if it was legal to have a building on two different zones. Joseph replied that it should all be the same zone throughout the whole project. City Council did not want to see it all C-3. So the next step would be PD Commercial which would be the logical choice.

Chairman Almquist asked why the parking lot cant be PD and the building be C-3 with a parking lot agreement for that zone based upon on the function of the building. Assistant City Attorney Joseph Farnsworth said a parking lot is not a permitted use in the PD zone. He said having the two zones on the one area was to help accommodate some of the landscaping issues.

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Ray said City Council did not want to see a C-3 zone. City Council wanted to see it PD so they could see what the uses would be on the parking lot in the future.

Chairman Almquist said the whole building should sit in one zone. Community Development Director Bob Nicholson said this item came to City Council about three months ago for the back half of the property. Bob said they should get a deed restriction for the parking lot and then the
C-3 would be more acceptable. If the front was zoned PD-Commercial it would require a 25 ft. of landscaping. Their property line is 20 ft. back from the behind the current sidewalk. That is between the UDOT right-of-way. So that is 45 ft. from back of sidewalk. Recognizing the applicants dilemma, staff thought then the two zones would be a compromise with a PD in the back and leave the front C-3. The other alternative is to have a C-3 in the back with a deed restriction.

MOTION: Commissioner Hullinger made a motion to table the Building Design Conceptual Site Plan for their next meeting in 2 weeks from tonight. Commissioner Bracken seconded the motion. All voted aye


HILLSIDE PERMIT

Consider a request for a hillside development permit for a commercial parking lot for a proposed professional office building on approximately 5.66 acres. The property is located north of Donlee Drive (400 North Street) and is accessed by Bluff Street. The applicant is Executive Plaza, Paydirt Properties, LLC. Jason Vowell, representative. Case No. 2007-HS-008

Planner Ray Snyder said the applicant submitted to the Hillside Review Board a drainage report, geotechnical report, site plan, grading plan, cross sections, landscape plan, and slope map. The applicant proposes to develop approximately 1/3 of the site commercially. The majority of the site is not developable per the hillside ordinance. A slope map has been submitted that indicates the approximate area that could be developed.

Ray pointed out the background on this site;

1. The City Council denied a zone change request for C-3 zoning for this site at the December 7, 2006, city Council meeting. The council encouraged the applicant to return instead with a PD-COM zone change request for the entire site. The commercial uses could then be more regulated.



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2. At the last Planning Staff Review meeting of July 17, 2007, the applicant was encouraged by staff to submit a PD-COM zone change request for the rear portion of the property (and leave the front existing property as C-3).
3. The applicant is requesting the Hillside Review Board visit the site prior to their revised zone change submittal.
4. A hillside permit will be required to be processed through the Planning Commission and City Council.
5. A lot merger is required.
6. UDOT previously reviewed and approved the access on 500 North St. (a new approach was created).
7. Staff has a concern with the future right-of-way for UDOT and the impact on future parking and landscape and parking spaces may be lost on Bluff. However, the applicant is providing more parking than required and adequate spaces will exist on site after Bluff street is widening. Also it appears that a minimum landscape area will be available after widening to support street trees.

Ray said the parking lot area has been previously disturbed. The slope ranges and percentage of disturbance shown appear to be within allowance of the hillside ordinance. It is recommended that an approved No Disturb area be designated on the slope map. Orange fencing needs to be installed to indicate limits

Ray stated that if Planning Commission recommends approval conditions are suggested;

1. Approval is conditioned upon the motion of the Hillside Review Board.
2. A zone change application shall be submitted and approved by City Council.
3. Parking lot and landscaping per October 22, 2007 revised plan submittal/sheet SM1.
4. A Site Plan Review application shall be submitted to Development Services for processing. It shall include a site plan, grading plan, cross sections, erosion control plan, and other details as deemed applicable by staff.

Ray said the motion by the HSRB is;

The HSRB recommends approval of a hillside permit subject to changes being made on the plan by the applicant that reflect the south parking lot area being redesigned (approximately 7 stalls to be relocated) to minimize or remove hillside cuts which would otherwise result in visible scaring from Bluff Street. The applicant shall redesign the south west corner to provide maximum protection to the existing building to the south. Staff shall review any retaining wall design, drainage system design, and landscaping design per the discussion of this HSRB meeting. The applicant shall also designate a No Disturb Area on the plans and install orange fencing to indicate construction limits. It is also recommended that the applicant PLANNING COMMISSION
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consider bringing back pocket areas of landscaping in the front of the site on Bluff Street to allow mature street trees to remain in place with the ultimate UDOT street widening.

MOTION: Commissioner Burks made a motion to recommend to City Council approval a request for a hillside development permit for a commercial parking lot for a proposed professional office building on approximately 5.66 acres. The property is located north of Donlee Drive (400 North Street) and is accessed by Bluff Street, subject to staff conditions. Commissioner Nobis seconded the motion. All voted aye.


ZONE CHANGES - PUBLIC HEARINGS (5:00 P.M.)

A. Consider a zone change request from R-1-10 (Residential 10,000 sq. ft. minimum) to PD-COM (Planned Development Commercial) on 4.747 acres located at approximately 501 North Bluff Street. Note: This will result in a project on two different zones (PD-COM & C-3). The applicant is Executive Plaza. Mr. Marc Brown, representative. Case No. 2007-ZC -021i

Planner Ray Snyder said this would result in a split zoning on the site. The rear portion where the parking lot is proposed would become PD-COM while the front would remain C-3 (General Commercial).

Ray said staff comments are as follows;

1. The other related cases are contingent upon approval of this zone change.
2. The Planning Commission will have to determine if a project should have a building on one zone and the supportive parking lot on another.
3. The City Council previously denied a C-3 zone change request for this site. However, the Council encouraged the applicant to return with a request for a PD zone. Staff interpreted this as meaning PD for the entire site. The applicant desire to leave the existing C-3 zone in place which only requires 5% landscaping versus a PD which would require a 25 ft. landscape area in front.
4. A lot merger should be required.
5. It is recommended that if this zone change is approved that it is conditioned that only parking lot is the approved use and no future building is permitted in the PD-COM area.

Commissioner Bracken asked Assistant City Attorney Joseph Farnsworth if the Citys Legal Dept. is comfortable with two different zones. Joseph replied not totally comfortable. Joseph said legal would like to see the area one zone. His recommendation would be to have the area zoned as one zone.
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Commissioner Bracken asked why the board should not follow the Citys Legal Departments advice? Ray said he spoke with Kelly Schmutz and he said if these applications pass tonight they would ask that none of the applications go to City Council until the night the zone change can be heard by City Council.

There was discussion having two different zones on one parcel. Community Development Director Bob Nicholson said there are two solutions; 1) change the zone to PD-COM and meet the landscaping ordinance of 25 ft. or 2) change the zone to C-3 and do a deed restriction for the parking lot.

Kelly Schmutz the representative said with a C-3 request the denial seemed to be not enough information with a worry that the applicant can do what ever they wanted to do there. The current request for a PD was to show what they were going to do. They submitted the zone change this way with recommendation from City staff. The applicant is not adverse to change his request to C-3 and offer a development agreement that would bind them essential to what has been submitted on the site plan.

Commissioner Taylor said he would like to hear from the public and hear their concerns.

Jeremy Call said the C-3 zone is in the master plan and he feels that is important to know. They are applying for a zone that is in the master plan. Planner Ray Snyder pointed out that the General Plan shows the area as commercial.

Dorothy Mock lives in The Ridge and she is concerned with the height. Chairman Almquist pointed out on the site plan where the highest point was on the building. Dorothy asked about the balloon that was set out on the site.

Kelly Schmutz said the balloon was 42 ft. higher than the ground. Kelly said the highest part of the building would still be approximately 65 ft. below from the mesa.

Dorothy said could there be a row of balloons instead of one balloon? When you talk about the zoning from R-1-10 to be PD-COM, to C-3, possible now with a restriction, does this mean that the property could be sold and have something else put there. Assistant City Attorney Joseph Farnsworth said the deed restriction stays with the property.

Dr. Paul Headmen said this is a better improvement from what they have seen before. He would recommend to have the architects come to their rim and superimpose a picture showing what they would look at when the building is there. He is concerned about the hillside and the erosion of the soil. Chairman Almquist explained the cutting process for that area. Paul asked about the yellow coloring of the building.

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Pat Shepard said is the apartment house going to stay. Chairman Almquist said he is sure it is. There has been no change in that.

Robert Shepard said there are 13 lights on Bluff Street. Would there be more intense lighting in the proposed parking lot.

Commissioner Campbell said the fixtures would be night sky where the lens does not hang down like the lights on Bluff Street.

Douglas Marshall said he wanted to know if the building would encroach to where his home is located. He also asked about the lighting. Council Member Bunker said they are trying to make sure that they have night light.

Jack Rose lives in The Ridge he spoke about the traffic light on 500 North Street. He is requesting a traffic light at 400 North.

Kelly Schmutz answered some of the concerns. He said the south parking lot will come down 4 ft. The traffic light is out of their hands. Lighting will be worked out with staff to conserve the night sky lighting. They can provide a rendering of the height of the building from the ridge. Kelly said this project is a great improvement. Kelly said yellow is not a reflective color. They could certainly talk to the applicant about another color.

Commissioner Campbell said it is the percentage of the color - every building deserves a punch. Commissioner Campbell said the sound coming from Bluff Street is unbelievable. This building will help screen some of that sound.

Kelly said one of the recommendations is to supply parking islands in anticipation when Bluff Street is widen.

Community Development Director Bob Nicholson said based on the City Attorneys discomfort with the idea of a split zones it leaves two alternatives, 1) zone the whole parcel PD- COM and resolve their landscape along Bluff Street and 2) zone the back C-3 with a deed restriction.

Assistant City Attorney Joseph Farnsworth said the City Legals Dept. feels the parcel needs to be all one zone. If the Planning Commission decides to have this zoned C-3 then it would need to be renotified and heard again by Planning Commission on a different date. The next date would be November 27th.





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MOTION: Commissioner Burks made a motion to recommend that Planning Commission takes no action tonight and re-hear this item 2 weeks from today based on the applicants request. Commissioner Nobis seconded the motion. All voted aye.


Chairman Almquist introduced Troop 1762 from Little Valley area. They are working on their communications merit badge.

Chairman Almquist said they will hear Item C (The Ledges) next.

C. Consider an amended PD zone request for the previously approved Ledges PD (Planned Development) zone with proposed single family residential lots, two (2) 18 hole golf courses, church site, a fire substation site, a hotel/spa site, and a commercial center on approximately 1,150 acres. Located south of Winchester Hills along Highway 18. The applicant is Mr. Randy Freston, Ledges Partners. Case No. 2007-ZCA-023

Community Development Director Bob Nicholson said they considered an amendment to a zone change in November 2006. Bob presented the site plan for the original project back in November 2006. He pointed out the very low density around the Winchester Hills. It was approved for 1 home per acre. It was decided instead to have a 100 ft. buffer around that area. Bob said the project has decrease in the number of homes. Back in 2006 they dropped down from 2,700 to 2,400. There will be a second golf course that will be 18-hole. They have also included a number of neighborhood parks. Their text did indicate that they will change from 2,400 to 2,300. Now they would like to maintain the 2,400 that they had approved for back in 2006. The roads on the east side of the round-about are public streets. They are proposing a resort/spa adjacent to the open space area. They have maintained the connectivity to Winchester Hills to the north. Staff asked for pedestrian area for the natural area of open space.

Jason Myers one of the developers of The Ledges said before Planning Commission opens this up to the public he would like to said they would like to keep their density.

Noble Keck a Winchester Hills resident said his realtor indicated that this property behind him was supposed to be very low density. Now what The Ledges are proposing is a buffer with cul-de-sacs that will cause 90 homes to be behind his property. He would like to see them use natural vegetation to reduce using a lot of water. They would like to be included into the infrastructure and the plans.




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Bob Nicholson said instead of being acre lots the homes would be clustered. Staff is not suggesting any change to having one home on one acre lot and keep the 100 ft. buffer between The Ledges and Winchester Hills.

John Sock lives in Winchester and he is concerned about the cluster of homes and if the neighbors of Winchester will be looking at a solid wall and lights.

Greg Mathis is a neighbor to The Ledges. He feels the round-abouts are an issue. They narrow down in the access. He lives near the commercial area. He asked if the clusters are single-family homes or multi family.

Randy Freston replied that the homes are single-family. He feels what they are proposing is fair.

Greg said he is concerned about the additional 18-hole golf course. They are pumping out of their water supply to water the existing golf course.

Randy said there is a 3-year option on the new golf course. They have been working on the water and they plan on having enough water for the two golf courses. They should have the reused water in that time period.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of an amended PD zone request for the previously approved Ledges PD (Planned Development) zone with proposed single family residential lots, two (2) 18 hole golf courses, church site, a fire substation site, a hotel/spa site, and a commercial center on approximately 1,150 acres. Located south of Winchester Hills along Highway 18, to include the access trail to the natural park and that they stayed with the 24 homes.

Commissioner Taylor voted aye Commissioner Nobis voted aye
Commissioner Campbell voted aye Commissioner Bracken voted aye
Commissioner Hullinger voted aye Commissioner Burks voted nay
Motion passes 5 to 1 in favor.


B. Consider a zone change from M&G (Mining & Grazing) to PD-RES (Planned Development Residential), PD-COM (Planned Development Commercial), Open Space (OS), Airport Supporting Business, Airport Vicinity Industrial, Commercial Mixed Use, C-2 (Highway Commercial), R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size), and R-3 (Multiple Family Residential) on approximately 2,432 acres. The site is located in the south east corner of St. George, south of the proposed replacement airport and north of the Utah-Arizona border. The applicant is Desert Canyons Development. The representative is Mr. Curt Gordon.
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The proposed PD zone will include mixed residential, commercial, open space, parks, an 18-hole golf course, and related land uses. Case No. 2007-ZC-022

Bob Nicholson presented this item. The zoning is basically similar to the General Plan. This is a large parcel 2,432 acres. It is along the Utah/Arizona line. The first comment is;

1. There are numerous zoning districts proposed for the 2,432 acres. The Ft. Pierce Wash and proposed Southern Parkway bisect this parcel. An 18-hole golf course along the Ft. Pierce Wash and on some property currently owned by St. George City.
2. Circulation and Road Master Plan. A Traffic Impact Study has been submitted to the City for review. Staff comments have been sent back to Orth-Rodgers and a final TIS is needed. The conceptual circulation plan proposed for Desert Canyons needs some corrections/updates to comply with the City Road Master Plan. Those corrections include showing road access to Arizona; connecting proposed 90' arterial road in NW corner of project area; extending roadways into all planning areas; extending 90' arterial road in Neighborhood 2 north into adjacent property; and showing road right-of-way widths consistent with the Citys Road Master Plan. Also street cross-sections should conform to the adopted City street standards.
3. Low-water crossings through the Ft. Pierce Wash is not acceptable, rather bridges will be required when crossing the Ft. Pierce Wash.
4. Schools and churches should plan their access from side streets and not off of arterial roads.
5. The trail standard calls for minimum 10' width (8' pavement with 2' shoulders). Additional coordination is needed with the City Parks Dept. regarding trail locations.
6. Ft. Pierce Wash and associated flood plain. The area impacted by a 10-year flood will not be altered except in proximity to bridge crossing. A golf course, natural open space, a public park will be the primary land uses within the 100-year flood plain with only minor incursion in proximity to a town center commercial area. Generally the plans for the Ft. Pierce Wash flood plains are considered appropriate and a model for other projects along the wash.
7. Section 3.8 in the text (p 37) states that the alternate use for a 38 acre portion of the proposed golf course would be an industrial/manufacturing M-1 zone, but this should require a rezone application and hearing rather than approve the alternate M-1 zone at this point.
8. The City has adopted a temporary Density Bonus ordinance for the Little Valley Plan area with the final ordinance coming before the Planning Commission and City Council in the coming weeks. This density bonus plan allows developers to earn additional density through the provision (and improvements) of parks and trails and other amenities. The density bonus program may be extended to other developing areas such as Desert Canyons, and a Development Agreement will be needed prior to granting the zoning as requested in this application. The density bonus program would require the developers to agree to improve the areas already set aside for neighborhood and community parks.



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9. The Desert Canyons project is a large (2,432 acre) complex project with 10 separate zoning districts proposed. There are 3 interchanges planned off the Southern Parkway in the project. This project deserves consideration in more than one Planning Commission meeting. Staff feels the Planning Commission should consider the applicants plans and staff comments and also any comments from surrounding property owners, and then allow the applicants time to update their project plans based on the input provided by staff and by Planning Commission members. This will enable the applicants to complete their Traffic Impact Study prior to zoning approval and also provide time for the City to further refine the proposed density bonus program which could apply to this project.

Curt Gordon presented a power point presentation. The General Plan was adopted in August 2007. The special places are being preserved in their land plan. They have 3 major neighborhoods in their plans. He said 30% of their project is planned as open space. They designed their project to be airport friendly as they can. They plan on 6,317 units, (get the numbers from their general plan book). They will have ten zones for this area. They have design guidelines for these zones. For the most part the residential categories are located in the southwest area. The residential areas are setback from the wash area. There are 5 zones for the commercial area. They will have 845 acres of Open Space throughout the development. Curt said in their park plan there are informal plans and more formal parks with ball fields. There is a wide variety for the parks. The trail network ties the project together. Before anyone could do a project they would have to go through an architectural control committee. He presented rendering of what they forsee the development of homes to look like. They established a loop road so they can get to any section of the development.

Commissioner Burks asked how different is this from the Leucadia that was shown to them. Curt said the major difference is there is more open space and higher density and only one 18-hole golf course instead of two. The residential in this plan is pushed towards the south of the corridor on the other plan it was more towards the north side. Curt said they would like to continue to the next Planning Commission meeting.

Curt said the density bonus is one of the things they have to talk about. Curt said they have talked to the City Traffic Engineer on their Traffic Impact Study. There were very few comments from the traffic engineer.

Commissioner Bracken said the bonus density needs to be looked at a little bit further. Curt said they will get everything in their plan. They will get more than what the bonus density could be.




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Curt said they are engaged to UDOT to build a highway and they are involved with City planning to get infrastructure. It is important to them to get all this information.

MOTION: Commissioner Burks made a motion to recommend to table this for two weeks by the request of the applicant for time to get documents to City. Commissioner Hullinger seconded the motion. All voted aye.


ZONING REGULATION AMENDMENTS - PUBLIC HEARING (5:00 P.M.)

B. Consider a zoning regulation amendment to amend Chapter 7 Residential Zones Article C Multiple-Family Residential Zones (R-2, R-3, R-4), Section 10-7C-3 Conditional Uses, to incorporate Child Family Support Facility as a conditional use permit in the multiple family zones. Ms. Christine Nelson and Ms. Laura Bartschi, applicants. Case No. 2007-ZRA-018

Planner Ray Snyder said this is to amend Chapter 7 Article C Multiple Family Zones to allow for a residential child facility. Staff has worked with the Citys Legal Department and they have a new revised paragraph for this section of the ordinance.

Assistant City Attorney Joseph Farnsworth pointed out that parking language was taken from another part of a parking code.

Chris Nelson, the applicant said her business was run through Discovery House. There were some issues with the background check. So as a result they lost their license.

Commissioner Taylor said would they get in trouble with the Fair Housing Act if someone comes along for another use. He doesnt want to see the door open for other treatment centers. The contractor may or may not be a resident of the home. The providers are little bit more in touch with the neighborhood. He is concerned about the protection for the neighborhoods. He said sometimes the child is the abuser and it is not uncommon that a child is placed in a respite. That possess some issues.

Chris said they wont take a child for a sexual act infraction. That is a safety issue. This is not a treatment facility they will have their therapy in other places. If there is no home for them to be place then they need a safe place for them to stay until one is found. She said no parents will stay at the facility.




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Commissioner Nobis said a person can go buy a home and use it for the same purpose. Commissioner Taylor said child care centers run well but that is because the person who owns the home lives there.

Chris said she would not want to live at the facility but it will be staff 24 hours a day. Chris said there will be police dropping children off and she feels this is showing safety to the neighborhood.

Chris said what was the language when it was able to run before? Bob Nicholson replied there was a nursery on 400 North and 500 West and it was a day care then it went through a transition. They added over night care and they felt it was just an extension of the day care.

Chris said the Crisis Center is set up for 12-18 years old. This grant is to cover 0-11 year olds. Chris said they need part-time workers. The workers can not work more than 20 hours a week. She said they did find a home and they have talked with the neighbors. One resident was concern with the traffic.

Council Member Bunker asked if they are opening themselves up to other respite centers especially for adults. Assistant City Attorney Joseph Farnsworth said he would have to look more into the Fair Housing Act.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval a zoning regulation amendment to amend Chapter 7 Residential Zones Article C Multiple-Family Residential Zones (R-2, R-3, R-4), Section 10-7C-3 Conditional Uses, to incorporate Child Family Support Facility as a conditional use permit in the multiple family zones. Commissioner Bracken seconded the motion.

Commissioner Taylor voted aye Commissioner Nobis voted nay
Commissioner Campbell voted nay Commissioner Bracken voted aye
Commissioner Hullinger voted aye Commissioner Burks voted nay
Chairman Almquist voted aye
Motion passes 4 to 2 in favor.


A. Consider a zoning regulation amendment to include a new chapter 25 Landscaping Standards and Guidelines and to amend several sections of the St. George City Code, Title 10 Zoning Regulations, specifically those existing sections which pertain to Landscaping; Sections 10-10-5 (E) (Commercial Zones), 10-9-6 (A) (Administrative and Professional Office Zone), 10-8-5 (I) (Planned Development Zone/Residential Development Standards), 10-8-6 (G) (Planned Development Zone/Commercial/
Manufacturing Development Standards), 10-8-7 (E) (Mixed Use Development

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Standards), 10-8A-15 (TND/Traditional Neighborhood District), 10-11-4 (G)(2) (Manufacturing Zones), 10-7C-7 (F) (Multiple Family Residential Zones), and 10-13D-9-4 (Airport Influence Area and Overlay Zone).

Planner Ray Snyder said there are several areas within the ordinances that will need to be changed if the changes are approved here tonight. This is a proposed new chapter 25 for landscaping. Ray said this is a step forward in continual efforts to enhance and direct community development standards. At this time it may be wise to make an additional change in the draft ordinance by requiring a minimum 15' wide planter strip in the front yard area along the public strip, rather than the current 5% landscape area requirement. The 15' wide planter area requirement would provide greater consistency in the street-scape in commercial areas. The 5% landscape requirement could remain in the M-1 zone, and the PD zone could remain at the present 25' front landscape requirements.

Kent Perkins said Larry Fredrickson will presenting their request this evening. Larry presented a power point presentation. Their goals is to set standards for development. Protect and enhance the environment. Conserve resources, reduce energy consumption and reduce soil and water loss from runoff. Reduce environmental damage from dust, erosion, noise, etc.

Commissioner Burks asked who is going to enforce this? Larry replied the Parks Department will maintain the inspections.

Kent Perkins said the ordinance was written by the Citys Legal Dept. Kent requested they come back with some of the changes that were discussed here this evening.

MOTION: Commissioner Bracken made a motion to table item and have the Citys Parks Department return with some revisions to the proposed landscape ordinance. Commissioner Nobis seconded the motion. All voted aye.


Meeting adjourned at 9:30 p.m.