Planning Commission

Tuesday, November 27,2007
Minutes



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
November 27, 2007 4:00 p.m.


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

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
City Project Manager Todd Jacobsen

EXCUSED: Commissioner Mike Nobis
Commissioner Ross Taylor


CONSENT ITEM - FINAL PLATS

A. Consider approval of a final plat for Mountain Cove subdivision. This is a 2 lot subdivision on 0.34 acres located at approximately 250 West 950 South. Mr. Reid Pope is the applicant. The zoning is R-3 (Multiple Family Residential). Case No. 2007-FP-045

Project Manager Todd Jacobsen said staff is ready to move forward on Mountain Cove.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a final plat for Mountain Cove subdivision. This is a 2 lot subdivision on 0.34 acres located at approximately 250 West 950 South. The zoning is R-3 (Multiple Family Residential). Reid Pope, applicant. Commissioner Burks seconded the motion. All voted aye.


B. Consider approval of a final plat for The Flats Phase I subdivision. This is a seventeen (17) unit subdivision on 3.23 acres located at approximately 450 North and 2800 East. Ms. Linda Kirkpatrick is the applicant. Bush & Gudgell Engineering is the representative. The zoning is R-3 (Multiple Family Residential). Case No. 2007-FP-039

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Assistant City Attorney Joseph Farnsworth said there has been some discussion on the dedication of 450 North to 2800 East on whether or not the applicant is going to dedicate the road now or later and what was agreed to in the City Council meeting with the preliminary plat. Therefore the motion tonight should include that the road dedication issues will be determined at City Council.

Assistant City Engineer Jay Sandberg said City Council met several months ago to discuss this issue. The Road Master Plan shows this as an 80 ft. right-of-way road. The applicant requested that the road be reduced to a 66 ft. road and in return they indicated that they would build that road the full length. He believes the motion from City Council stated that the road would be built within 9 months of the subdivision being construction but the issue is to whether it be dedicated now or later wasnt clarified. He believes that is what City Council is going too clarify. Jay said the best thing to do tonight is to move it forward and let City Council discuss the issues of 450 North.

Chairman Almquist asked for the road width of 450 North from the Mall clear to Riverside Drive. Jay replied it is an 80 ft. right-of-way but it is built to a 66 ft. road standard from about 2200 East over to 2450 where it ends. The reason they did that is to make it so there is more landscaping on each side. The City required an additional 10 ft. of landscaping behind the sidewalk on these types of roads. In return though the City Council thought the applicant was making a commitment to build that road.

Jonathan Wright the attorney for applicant said he feels they dont need a motion about what is going to be further required at this time. At this point their position is the City Council stated and required that this first phase be built and then 9 months later she would have to bond for the rest of the street. He stated that he listened to the motion and they did not require dedication at this time. Linda Kirkpatrick submitted a plat without the road the whole way through and the City Engineering Dept. send it back to her Engineer and asked them to put the whole road on the plat. But it was never approved by the applicant or her legal counsel. They are asking the Planning Commission to either approve or deny the final plat. Then it would move on to City Council and that would be another discussion. This is simply their position.

Assistant City Attorney Joseph Farnsworth said the only reason why the Engineering Dept. wasnt sure is because there was some ambiguity in City staffs mind to whether or not the City Council wanted the entire roadway to be dedicated now or later. Again he would like to state that the motion include whether or not the entire length of the road be dedicated and be determined at City Council meeting.

Jonathan Wright said what Im saying is why have that in the motion. At this time they are simply asking the Planning Commission to either approve or deny the final plat that the applicant submitted. Not the one that was re-imposed upon her by staff.

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Linda Kirkpatrick the applicant said she would like to state for the record some clarification on the issues that are standing for 450 North. She would like it noted that this was not offered as concession to narrow the width of 450 North. It is simply bringing the road into conformance with the City ordinance. City ordinance states that any major collector or minor arterial road will have a minimum of 250 ft. from center line to center line. She stated that 8 out of 10 intersections on 450 North currently fail to meet that City ordinance. To widen that road any wider and take it to its full 80 ft. width is prohibited at this time by City ordinance. What the proposal was is that they would simply come in and they would build the road in its entire width from north to south boundaries as they were progressing along. Then the project would be considered in a timely fashion.

Assistant City Attorney Joseph Farnsworth said he does not know if that is in the ordinance. That is not what we are talking about tonight. The width has already been determined at 66 ft. Tonight we are just talking about whether the road is dedicated now or later. The Commission should include in its motion that the City Council will determine when the road will be dedicated.

Linda said there have been many references and inferences to the fact that this was a concession on part of City Council and hence that somehow this road width has come into play because it was narrowed. So clearly Mr. Farnsworth would like to have it stated on the record that this appropriate width had it reduced down. It brings it in more in line with the ordinance and the Citys Legal Dept. can determine if the additional 6 ft. is still appropriate.

Jonathan Wright said they are saying that they didnt require a full dedication at the time. The other issue is with moving forward and bonding which is separate from this plat as they see it. They are stating that they are not required to dedicate at this time the entire roadway. The motion didnt include dedication.

Chairman Almquist said there is quite a bit of land between 2720 and this phase. The other phases would proceed off a completed road, is that correct?

Jonathan replied that is as it stands before City Council in 9 months. Again, that may be an issue that is raised again with City Council.

Jay Sandberg said he feels something should be worked out that is reasonable. He said they are trying to follow the wishes of the Council. He thought that staff had an understanding with Bush and Gudgell on the plat.

Council Member Bunker said the townhomes on the north side were eliminated. The 17 units are shown on the new plat. She doesnt see much difference in the two plats except for the road.
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MOTION: Commissioner Bracken made a motion to recommend approval of the final plat that was submitted today (11-27-07) to City staff to move forward to City Council. Commissioner Campbell 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 project is Executive Plaza, Mr. Jason Vowell, owner. The proposed maximum average 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 stated this is a request to construct an office building that exceeds the allowable maximum building height of thirty-five feet (35) 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). This item came before Planning Commission on November 13th for a zone change from R-1-10 to PD-COM. It was suggested by Planning Commission at that time to have the applicant come back and seek a zone change for C-3 (which is what the zone is in front of the property on Bluff Street) and also have in place a deed restriction. Tonight the applicant is here for that proposal. If this item is approved tonight then they will hear the Zone Change later this evening.

Ray pointed out that there are several other associated cases with this site such as, Hillside, Site Review and Zone Change.

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 a zone change.
2. The building is approved with a maximum peak height of fifty-one feet three inches (51-3) and a 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).
3. 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.
a. 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.
a. Screen all HVAC equipment from view.
b. Provide a photometric plan.
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5. Submit an Optional Merger application to Community Development to merge the two lots together (application has been received).
6. This Conditional Use Permit is also approved subject to 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).
7. Include a photometric plan in SPR. The plan shall include lighting in foot candles and shall demonstrate dark sky style lighting shall be used.
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

Jeremy Call representing the applicant said he talked to the owner about two weeks ago when this item was heard by Planning Commission. The applicant would like to keep the yellow color in the front of the building as much as possible. The applicant would be willing to change the back half with less yellow and more red coloring.

Commissioner Hullinger would suggest seeing a lighter yellow on the building. Council Member Bunker agrees with Commissioner Hullinger.

Assistant City Attorney Joseph Farnsworth said any conditions to this Conditional Use Permit need to be related to the height issue. You could say the yellow color makes the building look higher therefore you would like to see a lighter yellow color.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request for a conditional use permit to construct a professional office building with a height exceeding 35 feet. The project is Executive Plaza, Mr. Jason Vowell, owner. The proposed maximum average height is forty two feet (42). The site is located at 501 North Bluff Street. The property is zoned C-3 (General Commercial) and the colors and the landscaping is the one shown in the photograph. Commissioner Bracken seconded the motion. All voted aye.

B. Consider a request for a conditional use permit to establish and operate a restaurant and cake parlor which would have non-conforming parking in an historic district. The site is located at 25 North Main Street. The property is located in the Historic District and is zoned C-4 (Central Business District Commercial). The applicants are Mr.& Mrs. Erin Dye. Case No. 2007-CUP- 022

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Planner Ray Snyder presented this request for permission to establish and operate a restaurant and cake parlor which would have non-conforming parking in an historic district. The Zoning Ordinance Title 10, Chapter 19 Off Street Parking, Section 10-19-1 reads . . . subject to approval of a conditional use permit, an existing building within the historic district may be changed to a restaurant use even though the number of off street parking spaces is non-conforming . . .

Ray said there are only 6 parking spaces on site and based on their square footage of 2,688 sq. ft. they are short 21 parking spaces. A consideration may be given for the parking structure across the street which has 469 total spaces of which 127 are dedicated to public use.

Staff recommends approval with the suggested conditions;

1. A restaurant is permitted in the Historic District subject to Section 10-19-1.
2. Signage shall be under a separate permit.

Erin Dye the applicant stated that she will have the parking lot with 6 spaces in the rear striped.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a conditional use permit to establish and operate a restaurant and cake parlor which would have non-conforming parking in an historic district. The site is located at 25 North Main Street. The property is located in the Historic District and is zoned C-4 (Central Business District Commercial). Mr.& Mrs. Erin Dye, applicants. Commissioner Burks seconded the motion. All voted aye.

Chairman Almquist said at this time we will move forward in the agenda and hear the Public Hearings scheduled for 5:00 p.m.

GENERAL PLAN AMENDMENT PUBLIC HEARING (5:00 P.M.)

Consider an amendment to the City General Plan Land Use Map. The current land use is MDR (Medium Density Residential) and it is requested to change to PO (Professional Office). The area encompasses approximately 3.9 acres. The applicant is Blue Mountain and Mr. Neil Glauser and Mr. Jim Raines are representatives. The site is located at 1350 East 900 South. Case No. 2007-GPA-007

Commissioner Campbell excused himself from considering this item.


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Community Development Director Bob Nicholson said Item 6 and 7A are related. Item 7A is the Zone Change Request so these should be considered somewhat together.

Bob said they will hear the General Plan amendment first. This plan has been heard before. The applicant is coming before you tonight with a new plan. The project is similar to what they proposed before. They are proposing 3 buildings which will be 2-story office buildings. The purpose of the General Plan is to be a guide for zoning decisions. Bob stated the staff has come up with four alternatives that they feel should be considered.

Option A Is leave the General Plan as it is. It is designated as MDR (Medium Density).
Option B - Change the land use designation as requested by the applicants. Professional office use is generally a good neighbor.
Option C Take the west half of the property (approx 6 acres) which is adjacent to the existing office building on the corner and extend the P.O. designation further to the south to take in vacant property between the subject parcel and the New England Townhomes and also include the wind-mill property along River Road.
Option D Take the entire area and designation that area Professional Office extending from River Road to the wash (about 1400 East) and from 900 South southward to the New England Townhomes project.

Bob said an office use could be a good neighbor. They are generally quiet and there are no activities there on weekends. He presented a site plan which is basically the same site plan that was shown before except with 2-stories. The building was going to be 57 ft., now they are showing 33 ft. for height. Traffic and utilities can accommodated either way.

Council Member Bunker said is Option B the applicants request. Bob replied yes, but you have a choice to which option you would prefer to see.

Senior Project Engineer Cathy Hasfurther stated in looking at the outpatient facility they plan on moving the light further to the east and put it on Medical Center Drive. This is probably 600-700 ft. away. But there will be a light at Foremaster and Medical Center Drive which is being constructed right now.

Chairman Almquist pointed out that Planning Commission members would need to make a unanimous decision due to the fact that Commissioner Campbell stepped down due to conflict of interest and having two Planning Commission members not present this evening.

Mr. Williams a nearby resident said City Council denied the applicants request at their last meeting. This petition should not be heard at this time. He spoke on the pre-filing report. He said there are flaws.
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Assistant City Attorney Joseph Farnsworth said it can be heard tonight because this is different zone change. According to City Code, when there is a significant change to the plans, such as change in density, a zoning request can be re-considered. There is a significant change. They have eliminated a floor from each of the buildings which decreases the density.

The question was asked about how the height of the building was measured. Bob Nicholson said it is 32 ft. to the mid-point of the sloping roof and 37 ft. to the ridge line. Under the City Code buildings have a sloping roof typically measure building height to the mid-point of the roof. Bob said the measurement comes from the finished grade of building.

Keith a nearby resident said if the Planning Commission changes this and go with Option B then they are creating three islands. The project itself will become an island, it surrounds the Blakes property and it also makes the Meadow Creek an island. He would like to see the property remain the same.

Jerry Campbell said this project does not meet some of the requirements. It is still not in an urban core area. He said this is still a spot zoning.

Assistant City Attorney Joseph Farnsworth said the urban core is not required for this type of zoning.

Darwin Whitaker asked if there is a specific need for office area. This zone change is out of line. It would create more congestion for this area. He feels they will need to close their north entrance to protect their residents. This AP will not fit in with the neighborhood. He wants them to leave the zoning the way it is.

Norman Blake lives next to the project. He would like to leave the area the way it is right now.

Community Development Director Bob Nicholson said an office complex is not a bad neighbor. There are pluses and minus. Bob said there are things that can be done to slow traffic down.

Commissioner Bracken said if they are going to look at the long term basis and seeing what the needs are going to be out there with the hospital expanding as fast as it is, it is going to continue to put more demand for professional offices in that particular area. To make this a small section for offices would not make for good planning. The only thing he can see would be to take the whole section and make that available for housing that would also speed up that 1450 South being put into place. Just to have a few townhomes scatter to make them connecting is not going to make the neighborhood any friendlier in

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his opinion. He feels it would be wiser to take that whole section together. Therefore, he will make a motion as follows.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of an amendment to the City General Plan Land Use Map. The site is located at 1350 East 900 South with 3.9 acres. The current land use is MDR (Medium Density Residential) and it is requested to change to PO (Professional Office), and use Option D. Mr. Neil Glauser and Mr. Jim Raines are representatives. Commissioner Burks 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 square feet minimum lot size) to PD-AP (Planned Development Administrative Professional) on 3.9 acres located at 1350 East 900 South. The applicant is Blue Mountain. Case No. 2007-ZC-025

Community Development Director Bob Nicholson said this would be the zoning action to zone the property for the Professional Office use. The applicant proposes to construct three buildings with two stories for office use.

Bob pointed out that the General Plan looks at the overall area and the zoning looks at the specific property.

Bruce Neiderhouser the applicant said the project is 3 stories that will be approximately 69,000 sq ft. He said the entire City requirements for landscape and parking have been
met. The midpoint of the building is less than the Citys requirement and they would like for the Commission to recommend approval to City Council.

Chairman Almquist asked what is the percent of grade going into the underground parking.

Jim Raines with Bush and Gudgell replied as far as the grade in the parking garage they have not set the grade of the drives yet, but they will be in the 8-10 percent range. He said the drainage area is for the on-site retention requirements before they release it into the wash.

Jim said the trip distribution does not show any significant traffic going up through Meadow Creek. Almost all the distribution goes up through 900 South and then over time it divides up and goes to River Road and 1450 South. Jim said the traffic report was based upon the use and hours of operation which in this case would be Monday through Friday, 9:00 a.m. to 5:00 p.m.
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Darwin Whitaker a nearby resident said he doesnt have very much faith in the traffic study. He said when you live there day in and day out and see the traffic volume it makes it hard to believe in the traffic study when they have to fight the traffic.

Chairman Almquist asked said if staff has seen the new Traffic Impact Study for the medical center. Cathy Hasfurther replied she has not physically seen the study but Foremaster Drive has been addressed in the new Traffic Study.

Brian Black a nearby resident wanted to know when will the construction start? Bruce Neiderhouse they do have any plans to date. They are waiting for approval from the City first.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a zone change request from R-1-10 (Residential 10,000 square feet minimum lot size) to PD-AP (Planned Development Administrative Professional) on 3.9 acres located at 1350 East 900 South. Commissioner Hullinger seconded the motion. All voted aye.


B. Consider a zone change request from R-1-10 (Residential 10,000 square feet minimum lot size) to C-3 (General Commercial) with a deed restriction to permit only a parking lot on 4.747 acres located at approximately 501 North Bluff Street. The project is Executive Plaza, Mr. Jason Vowell, owner. Case No. 2007-ZC-021

Planner Ray Snyder said this request is to rezone R-1-10 to C-3 with a deed restriction.

Staff comments;

1. There are no other related cases contingent upon approval of this zone change (CUP & HS).
2. The City Legal Department and Planning Commission previously determined on November 13, 2007, that a project should not have a building on one zone and the supportive parking lot on another.

The City Council previously denied a C-3 zone change request for this same site. However, the Council had encouraged the applicant to return with a request for a PD zone. Staff interpreted this as meaning PD for the entire site. Staff believes the Council desired to restrict future uses on the site and felt a PD zone was the best mechanism to achieve this. However, the applicant desires 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. After lengthy discussion at the November 13, 2007, Planning Commission

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meeting with the residents and staff it was felt that C-3 may be acceptable if a deed restriction were placed on the property to limit the use to only a parking lot (and associated building).
3. A lot merger is required.
4. This zone change request was re-advertised for C-3 with a deed restriction.

Assistant City Attorney Joseph Farnsworth said on the deed restriction they would have a metes and bounds description for the parking lot so when the lot would merge they could still be built upon.

Kelly Schmutz representative for the applicant said they are fine to move forward with the deed restriction.

Bob Greene is a resident of the Ridge. He would like to know if the parking lot would be a cement parking lot instead of gravel. Chairman Almquist said the parking lot would be asphalt. Mr. Greene said he felt this will put an impact on Bluff Street. He spoke about the lights and their locations.

Dr. Paul Headmen said he would like to comment on the rendering of the back view. He feels that C-3 is the correct zone for that area.

Edna Hunt said the zone change sounds fine. She would like to see the parking lot stay the same and not be built on in the future.

Assistant City Attorney Joseph Farnsworth said the deed will restrict land within the metes and bounds description to only be a parking lot.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a zone change request from R-1-10 (Residential 10,000 square feet minimum lot size) to C-3 (General Commercial) with a deed restriction to permit only a parking lot on 4.747 acres located at approximately 501 North Bluff Street, as the applicant and City has come into an agreement with the deed restriction on the parking area. Commissioner Campbell seconded the motion. All voted aye.


C. Consider a zone change request from M&G (Mining and 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 square foot minimum lot size), R-1-12 (Single Family Residential 12,000 square foot minimum lot size), and R-3 (Multiple Family Residential) on approximately 2,432 acres. The site is located in the south east

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corner of St. George, south of the proposed replacement airport and north of the Utah-Arizona border. The applicant is Desert Canyons Development and Mr. Curt
Gordon is the representative. 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

Community Development Director Bob Nicholson said this was considered two weeks ago and was tabled to resolve some issues. Bob spoke on the Addendum 1 the applicant had made up since two weeks ago.

Bob said this is a very large land area. The issues that were outstanding before have been resolved. Bob said Category III TIS has been resolved, Concurrency Ordinance has been resolved, Master TIS Update Schedule this has been resolved, and Left Turn Storage Lengths and Figures are resolved.

The issue of the density bonus would not apply to this area. Most of the issues have been resolved.

Commissioner Bracken asked if the parks are being given to the City or what? Assistant City Attorney Joseph Farnsworth said they are in the process of working that out with the Citys Parks Department. A development agreement will be required to decide the issue of park maintenance. You can table the matter and wait to see if the development agreement is executed. The development agreement needs to be fully executed before it goes to City Council. Commissioner Bracken said without that in place he does not see how they can proceed.

Bob said in the back of the addendum there is a conceptual rendering of a resort property being proposed. That will need to come in for a special review.

Curt Gordon the applicant said the changes they have made are in response from the City and Planning Commission. They will comply with whatever the parks will need. They would prefer to not have this item tabled. They will continue to work on a development agreement with the City.

Assistant City Attorney Joseph Farnsworth said the current policy of City Council and the City Manager is to make sure when there are big projects with high density that there is a Development Agreement in place.

Commissioner Bracken said the problem is that the City ordinance does not state you need to have the parks put in but ordinance changes that are going through right now are trying to put it in place in order to get that type of density bonus. The problem is they dont know if all of this is going to pass or not. Curt said they have 107 acres of park

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land planned but they are only required to have 60 acres. He feels it would not be realistic for the City to expect them to hand over all the land for the parks at this time.

Curt said they have worked on this project a long time and would appreciate the Planning Commissions support.

Assistant City Attorney Joseph Farnsworth said if the Planning Commission wanted a chance to review the Development Agreement they could table it until they could review the document. They still have the option to recommend approval or denial then the development agreement would need to be executed before City Council.
MOTION: Commissioner Bracken made a motion to table this item until they see a development agreement. Commissioner Campbell seconded the motion.

DISCUSSION ON MOTION

Chairman Almquist said the Planning Commission does not approve a development agreement. Assistant City Attorney Joseph Farnsworth said no but the Citys Legal Department thought Planning Commission would like to see the agreement along with the project. However, you still have the option to recommend approval or denial.

Commissioner Burks asked if City Council requested a development agreement before this is heard by them. Assistant City Attorney Joseph Farnsworth replied yes, he would have the development agreement in place at that time. Curt Gordon said he believes they are trying to apply a standard to a project that is not a City policy right now. Their preference is that Planning Commission either approves or denies this request. If Planning Commission tables this project then they will pull their application and they will just piece meal it together.

Chairman Almquist asked if the development agreement was mentioned last time this was heard. Curt said the development agreement is going to be hard for such a large piece of ground. They were not told they would have to do a development agreement. Assistant City Attorney Joseph Farnsworth reminded Curt that he had e-mailed Curt a draft development agreement the previous week. He thinks it is a good idea to do a development agreement but this is not a City policy right now. Assistant City Attorney Joseph Farnsworth said the City is working on Development Agreements with other developers right now. Curt would like to see where that is written in the City policy. Assistant City Attorney Joseph Farnsworth said he is receiving his direction from the City Attorney who takes direction from City Council.

Curt said this is not a formal City policy to have a development agreement. So again he would like to state to Planning Commission either approve or deny them.

DISCUSSION ON THE MOTION (continued)

Assistant City Attorney Joseph Farnsworth said the development agreement is a formal City policy designed to make things easier. Part of that approves density issues, parks and other issues.

Commissioner Bracken asked if he could withdraw his motion and make another one.

Community Development Director Bob Nicholson said again the issue of the density bonus and how far it is going to be applied outside of Little Valley. The topic of the work meeting with City Council this Thursday will be the density bonus issue. It was concluded not to include this in the development agreement because the application was already submitted before this was an issue. The council has not adopted a pending ordinance provision.

MOTION: Commissioner Bracken said his concern is the City should be treating all developers the same. He feels that they should approve the plan the way it is. Therefore he will make a motion to recommend to City Council approval of this item. Commissioner Burks seconded the motion. All voted aye.

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D. Consider a zone change request from A-20 (Agricultural 20 acre minimum) to R-1-10 (Residential 10,000 square feet minimum lot size) with a Development Agreement on 30.63 acres located at approximately 3300 South Little Valley Road. The project is Silkwood at Meadow Valley, Phillips Homes applicant. Case No. 2007-ZC-024

Community Development Director Bob Nicholson said this is in the Little Valley area. The Little Valley plan was adopted about a year ago. This area is designated as residential. The density bonus program said the applicant can earn about 2 units above per acre that gives them a 25% density bonus. They need to improve the parks and trails. They do have 2 trails on the north adjacent to the Little Valley Ranch subdivision. There is 100 ft. buffer between the homes and the property line. On their plan they have about 4.5 acres representing the development acres. They are going to have a 1.15 acre neighborhood park which will need to be managed by the HOA because it is too small for the City to maintain.

Commissioner Campbell asked about the enhance landscaping. Bob replied that along Little Valley Road and Crimson Road the City requires a minimum of 10 ft. of landscape but they will need to do 20 ft. There will be a block wall on Little Valley Road but on Crimson Road there will not be.

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Assistant City Attorney Joseph Farnsworth said he spoke with Mr. Kulmann Assistant Secretary today and she stated they are in the process of working out a development agreement.

Brent Phillips the developer said they are new to St. George. They have been developing in other parts of Utah for the last 20 years. Their homes will focus mainly on families. Their neighborhood would be a traditional family neighborhood. They have always put in parks. The trail system connects to the neighborhood master plan. They are seeking to have a zone change to an R-1-10 with a density bonus plan. On Little Valley side that is a 66 ft. right-of-way. This type of neighborhood has character. There is a park in the center of the project. There are single-story and two-story homes being proposed. There proposal would be sometime in 2008.

Council Member Bunker asked about the entrance to the development, would there be a wall for the homes along that drive. Brent replied there would be walls for the residents on the entrance.

Commissioner Bracken asked about the sewer lines and waterlines. Sean Glather said the infrastructure would come down Crimson Ridge.

Mike McGregor a nearby resident said he is the only one that received notification on this project. He would suggest tabling this item so people can be notified that live there. He would personally like to see more of a buffer. He suggested that Commissioner Bracken abstain on voting due to the fact this would benefit his property financially. He feels this is a type of spot zoning. He said the subdivision has not been vacated.

Gary Kulmann represents the applicant said they have full title reports. Regarding the maintenance on the parks they will cover that by doing a development agreement. The ordinance does require it to be in place during City Council. As far as infrastructure goes, this will be addressed during the last phase of this project. Maintenance of the some of the trails will be owned by the HOA and some by the City. That will be put in the development agreement.

Commissioner Bracken said he would like to excuse himself from voting.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a zone change request from A-20 (Agricultural 20 acre minimum) to R-1-10 (Residential 10,000 square feet minimum lot size) with a Development Agreement on 30.63 acres located at approximately 3300 South Little Valley Road and include staff comments. The project is Silkwood at Meadow Valley, Phillips Homes applicant. Commissioner Hullinger seconded the motion. All voted aye (Chairman Almquist voted)


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November 27, 2007
Page Sixteen


LOT SPLIT

Consider a lot split request to divide one parcel into two for property located at 160 West Circle. The proposed lot split would result in Parcel No. 1 being 3.2 acres and Parcel 2 being 2.8 acres. The property is zoned R-1-8 (Single family Residential 8,000 square foot minimum lot size). The owner is Mr. Kirk Wiley. Case No. 2007-LS-001

Planner John Willis presented a slide presentation of the proposed property. The east parcel does meet the requirements. This property is not within a recorded subdivision so therefore the City can do a lot split instead of an amended final plat. John said this is a flag lot.

Chairman Almquist asked about the rock hazardous area.

Mark Walter a nearby resident said the drive to this site goes right next to his mothers home. He has had his mothers wall repaired at least 3xs because of it being hit there. He spoke about the water that comes off that land and reaches his mothers home and becomes a mud path.

The applicant is not present for this item. John said he talked with him this afternoon and he said he would be here.

MOTION: Commissioner Burks made a motion to table item due to the applicant not being present. Commissioner Hullinger seconded the motion. All voted aye.

DETERMINE USE

Determine whether a mortuary is a compatible use in the PD-COM (Planned Development Commercial) zone. The location is 566 North Mall Drive. Mr. Ron Metcalf applicant. Case No. 2007-DU-004

Community Development Director Bob Nicholson said the project was developed in compliance with this. Mr. Metcalf plans to use the building as is except for some remodeling inside. The outside should remain the same. Bob said there should be some opportunity to add parking behind this. Bob said they have not heard anything from the adjacent property owners. Staff feels comfortable with this request.

Mark Walter representative for the applicant said the current building is only 5,600 ft. and it is on about a 1.2 acre lot. He is certain that Ron Metcalf will have to do some expansion on the parking lot. Parking should be the least of their problems.


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November 27, 2007
Page Seventeen


Chris Jones represents Wells Fargo next to this property. His only concern is about parking for services Wells Fargo doesnt have the overflow on their location for parking. The second thing is that they only share one entrance in and out of there. It will block access for their customers. His question is is there another access for them to come in and out of.

Mark said his understanding is that this building is not big enough for a chapel. It is his understanding they will not have funerals there. There may be a viewing but the building is not big enough for a funeral.

MOTION: Commissioner Campbell made a motion to approve the use finding that it is a compatible use to office and other professional uses. Commissioner Bracken seconded the motion.

Commissioner Campbell voted aye Commissioner Burks voted aye
Commissioner Bracken voted aye Chairman Almquist voted aye
Commissioner Hullinger voted nay Motion passes four to one

Meeting adjourned at 8:30 p.m.