Planning Commission Minutes

Tuesday, April 22,2008



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
April 22, 2008 4:00 p.m.


PRESENT: Acting Chairman Ron Bracken
Council Member Gloria Shakespeare
Commissioner Kim Campbell
Commissioner Ross Taylor
Commissioner Mike Nobis
Commissioner Chapin Burks
Commissioner Ron Read
Commissioner Julie Hullinger

CITY STAFF: Community Development Director Bob Nicholson
Assistant City Attorney Joseph Farnsworth
Planner Ray Snyder
Engineer Cathy Hasfurther
Engineer Jay Sandberg
City Project Manager Todd Jacobson
Deputy City Recorder Linda Brooks

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

CONSENT ITEM FINAL PLAT

A. Consider approval of a final plat for Meadow Valley Estates Phase 6. This is for a twenty-six (26) lot residential subdivision plat zoned RE-12.5. Located at the intersection of Little Valley Road and Valley Springs Drive at approximately 2650 Burgess is the owner and Alpha Engineering is the representative. Case No. 2006-FP- 073

City Project Manager Todd Jacobson clarified this is Phase 5 of Meadow Valley Estates which is written wrong in the above text. Also the acreage should be 9.43 acres not 1.44 acres as stated. This property is located on the west side of Little Valley Road.

B. Consider approval of a final plat for Coyote Springs. This is for a forty-three (43) lot residential subdivision plat zoned RE-12.5. Located on the north side of 2800 South and on the west side of 2350 East Street (across the street from Meadow Valley Estates) in Little Valley. Located on 17.56 acres. Mr. Kay Sturdevant, owner, Mr. Shad Hall of Alpha Engineering, representative. Case No. 2007-FP-058


C. Consider approval of a final plat for The Cottages at Stonepoint Phase 2. This is for an eight (8) lot / unit town homes subdivision plat. Located at approximately 425 North Stone Mountain Drive. Mr. Kelly Larson, owner, Mr. Reid Pope, representative. Zoned R-3. Case No. 2008-FP-005

Commissioner Nobis asked about the handicapped parking for this subdivision. Assistant City Attorney Joseph Farnsworth said the handicapped parking is normally shown on the construction drawings.

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

D. Consider approval of a final plat for Las Colinas Phase 1. This is for a thirty-two (32) lot residential subdivision plat. Located on the west side of Pioneer Road and the Calvary Chapel at approximately 4000 South and 800 West. Mr. Josh Madsen, representative. Case No. 2008-FP-011

E. Consider approval of a final plat for Las Colinas Phase 2. This is for a twenty-three (23) residential lot subdivision plat. Located on the west side of Pioneer Road and the Calvary Chapel at approximately 4000 South and 800 West. Mr. Josh Madsen, representative. Case No. 2008-FP-012

City Project Manager Todd Jacobson read into the record final plats Las Colinas Phase 1 and 2. Todd mentioned the existing transmission power line which is owned by Dixie REA. There is an agreement with Dixie REA, the City and the owner of the subdivision to move that line, which has not happened yet. He said there is a note on the plat stating that the lots which are affected by that existing easement cannot get a building permit until they abandoned that easement.

Steve Wilson said the agreement says that they will agree to move the transmission lines when they have approvals in place. He said they cannot build homes until the power has been moved. He believes it will be a six to nine month process to move the lines.

Commissioner Nobis asked who the development agreement is between. Assistant City Attorney Joseph Farnsworth said the City does have an agreement with Los Colinas but it doesnt specifically mention this. As far as the City is concerned they will place a note on the plat stating that there is no building permit until the easements have been abandoned.

Steve Wilson said as soon as they start grading they will pay the fee with Dixie REA.

Commissioner Nobis said his concern is that it states if the easement is not moved by two years when the final plat is recorded then the owner will landscape the land within the boundaries of the easements pursue to City park standards.
Steve Wilson said that statement has been taken off the agreement because the City does not want to maintain it and Dixie REA will not allow them to landscape their easement through there.

Assistant City Attorney Joseph Farnsworth said that statement is still on the plat and it will stay there. Commissioner Nobis asked if there was some type of verbiage they could put on the plat that the power strip will be completed. Assistant City Attorney Joseph Farnsworth said they could have a sit down meeting with Mr. Wilson and go over the requirements. Assistant City Attorney Joseph Farnsworth said they can execute an amendment to the development agreement.

Commissioner Nobis suggested that legal department review the agreement between Dixie REA and Steve Wilson. Legal should make sure that it states that the power line does run down the road. Chad Reynolds with Dixie REA said it will be along the north side of the road. The development has given them a 30 ft. easement on the north side of the section line. Also, they acquired a 25 ft. easement on the south side of the section line from SITLA. They will be putting it on the north side of the curb and gutter and sidewalk. Commissioner Nobis asked if there could be a note on the development agreement that they will realign the power pole lines. Chad said they have already identified that on the construction drawings, and everything else. He does not see a need to state this in development agreement. They continued with discussion on what or what not the development agreement should state.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval of Las Colinas Phase 1 and Phase 2 and to amend the development agreement and that they take out the landscape portion on Note 14 and authorize chairman to sign. Commissioner Burks seconded the motion. All voted aye.

F. Consider approval of an amended residential subdivision plat for Rimstone Village 2nd Amendment. This is for the combining of two lots; lots 28 and 29 into a new lot 29. No other changes were made. Located just north of the airport at approximately 150 South and 600 West. Mr. Bob Hermandson, representative. Case No. 2007-FPA-059

City Project Manager Todd Jacobson said the purpose of this amendment is to combine Lot 28 and 29 into one lot to be known as Lot 29 eliminating Lot 28. No other changes were made.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of Rimstone Village 2nd Amendment and authorize chairman to sign. Commissioner Nobis seconded the motion. All voted aye.

PRELIMINARY PLATS

A. Consider a preliminary plat request for The Centre at Dino Crossing with three (3) lots located at the intersection of Riverside Drive and Mall Drive. Mr. Roger Bundy, representative. Case No. 2008-PP-009

City Engineer Jay Sandberg said the purpose of this plat is to facilitate the sale of property Lot 1, for a future bank with the Dinosaur Crossing Shopping Center. One of the requirements that is not on the plat is cross-accessing and shared driveways and parking.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of The Centre at Dinosaur Crossing and to have the note on the plat regarding cross-accessing and shared driveways and parking before this item is heard by City Council. Commissioner Read seconded the motion. All voted aye.

B. Consider a preliminary plat request for Peterson Estates with seven (7) single-family lots located on Little Valley Road and 3670 South. Mr. Corey Shamblen, applicant. Case No. 2008-PP-007 (This was tabled at the April 8, 2008 PC meeting).

City Engineer Jay Sandberg said this was heard at the last Planning Commission meeting on April 8th and there were some questions. As they started to look at the subdivision staff found 3670 South road is already built and it is built as a City calls as a large lot subdivision street standard. Jay said when staff looked at this preliminary plat and they noticed that one side of the street would be fully improved because they dont meet the smaller lot standard, staff was a little bit uncomfortable with that and Planning Commission had some questions about that. Jay said they met with the applicants. The applicants request that Planning Commission recommend to City Council that the subdivision be approved with the rural cross section. In meeting with the applicants, staff suggested that they reduce the size of Lot 1 and increase the size of two other lots so that 3 of the 7 lots met the large lot standard, and then ask for a design exception.

Jay said there is not really a trail master plan but it shows on the plan that there needs to be some kind of access to Little Valley Road and Bentley Road. There is an existing dry sewer in the street and they would have to put sewer laterals in to tie into that dry sewer.

Commissioner Nobis said are you saying the dry line runs the full width of 3670 South Street. Jay replied yes. Jay said in the Citys Subdivision ordinance there is a sentence that says, that the City allows the rural road cross section as defined in the City standards. Jay said in the City standards there isnt any verbiage that talks about the large lot standards but there are details. There is a drawing in the back that shows cross section of the road. He said they are comfortable as staff if they can get the Citys Legal Dept. approval in recommending to the Planning Commission that they waive that standard. The applicant would rather put the curb and gutter, sidewalk in rather than change the size of the lots. They want to leave all the lots smaller minimum size and leave the one lot larger.

Assistant City Attorney Joseph Farnsworth said he wants to add a little bit of clarification. In the City code the Subdivision ordinance Section 11-5-3-C-1 it talks about street improvements such as when they are required and when they are accepted. It states that the sole exception to putting streets shall be in a large lot rural subdivision where street construction shall conform to the large lot requirements as detailed in the design construction specs for the City of St. George. There is no definition in the City Code or building specs that defines what a large lot. He feels it is arguable to what a large lot is then. Therefore, the Planning Commission can determine if these lots qualify as large lots according to the City Code. If these lots are considered large lots, then this subdivision could be exempt from the street requirement.

MOTION: Commissioner Taylor made a motion to recommend to City Council an exception to code for this property on the basis that this fronts other properties with a similar width that does not have requirements for curb, gutter and sidewalks and that the other property will always be without curb, gutter and sidewalk and this property should match. Commissioner Hullinger seconded the motion.

Commissioner Read would like to have added to the motion the things that City Engineer Jay Sandberg brought up which are the master planned equestrian trail which is planned along 3670 South and a sidewalk would be in the way of that.

All voted aye.

BDCSP (BUILDING DESIGN CONCEPTUAL SITE PLAN)

Consider a building design and conceptual site plan (BDCSP) application to construct a 27,000 square foot two-story office / retail building with underground parking. The project name is Tonaquint Center Phase 2 Lot # 5. The owner is Jugo LLC, Mr. Brian Hill, manager and Mr. Jeff Hawks, Rosenberg Engineering, representative. Located at approximately 1140 West, 1600 South. The zoning is PD-Com (Planned Development - Commercial). Case No. 2008-BDCSP-002

Planner Ray Snyder said this request is to construct a two-story 27,000 sq. ft. office/retail building with underground parking garage. The proposed height is shown not to exceed 35 ft. Colored renderings and a material sample board have been provided. There will be a total of 111 parking spaces and 32 of those spaces will be under the building, 108 is required. Ray said they have submitted a lighting plan which will be reviewed more closely during the site plan review.

The board had questions on the colors of the building. Jeff Hawks with Rosenberg and Associates said he does not know about the color board. He can get back to the board on the colors.

Commissioner Campbell said since a portion of the parking is under the building he feels they should make a caution that if they decide to make that parking so it is naturally ventilated instead of mechanically ventilated the building will come out off the ground in the neighborhood of 3-4 feet. Jeff replied that they would do it mechanically.

MOTION: Commissioner Campbell made a motion to City Council approval of Tonaquint Center Phase 2 Lot 5 conditioned on the building height does not exceed what was submitted and the screening of the mechanical units are also taken into consideration of the building height. Commissioner Burks seconded the motion.

Commissioner Read would like to add terra cotta colors on the awnings are understood and landscaping changes to 15 ft. instead of 25 ft that would also be acceptable. Commissioner Campbell and Commissioner Hullinger accepted that into the motion. All voted aye.

Acting Chairman Bracken said due to the hour we will now hear the public hearings.

ZONE CHANGE REQUESTS 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 1.42 acres located at 1350 East 900 South. The applicant is Blue Mountain. Case No. 2008-ZC- 010

Commissioner Campbell stepped down and left the room due to a conflict of interest.

Community Development Director Bob Nicholson said this is a request to change the zone from R-1-10 to PD-AP Planned Development Administrative Professional. Bob said he will recap this due to the fact that this item has been heard several other times. Bob pointed out the location of the site. Bob mentioned that the revised request is for one building not three as previously heard. The one building will have two-levels. Their driveway lines up with the LDS Church parking lot across the street. Bob explained that the building will have a sloping roof which is measured from mid-point.

Bob went over staff comments:

1) This project has been scaled back from previous requests. The developer is now proposing to build one building rather than three and is proposed adjacent to the existing building on the corner of 900 South and River Road. The project driveway lines up with the LDS Church driveway across the street to the north.
2) The rezone area is limited to the 1.43 acres and does not wrap around the Blake residence as was the case with the previous requests.
3) The 2-story design blends well with the office building to the west. 30 parking spaces will be under the building.
4) The Citys General Plan (p. 6-9) states that within residential areas there are small isolated sites that are less desirable for residences and may be suitable for commercial and business establishments, even though not designated on the Land Use Map. These sites need to be evaluated on a case-by-case basis. Staff suggests that this site is such a site that merits consideration for office use.

Commissioner Nobis asked if the home next to this project was zoned commercial. Bob replied it was.

Assistant City Attorney Joseph Farnsworth pointed out the reason this item was being heard again by Planning Commission. The City Code states that if a zone change proposal is denied by the City Council, then it cannot be considered within a period of one year from the date of such denial, unless the conditions upon which the denial was based have substantially changed. A substantial change includes a substantial reduction in density or land area used. In this case the applicants have reduced the density and land area used therefore they qualify for this exception. Additionally, some issues were previously raised regarding a Planning Commissioners conflict of interest. He said if there is a conflict of interest then that member can state their conflict and continue the voting process or they can recluse himself or herself from the building.

Acting Chairman Bracken said this item has been heard several times. At this time he would like to hear different comments than from what they have heard before.

Commissioner Taylor asked what are the plans for streets east of this property. Bob said 900 South eventually 1470 East projective to tie into Riverside Drive. It will be collector street.

Brian Blackham a resident from Meadow Creek is concerned about the statement from the code stating the Planning Commission cannot consider the same zone change petition for the land, or any part thereof within one year. Assistant City Attorney Joseph Farnsworth said you need to continue to read that sentence to get the full meaning. It states that you cant bring something back within a year unless the conditions upon which the original denial was based have substantially changed.

Dean Williams said he would like to ask the Blue Mountain petitioners what their plans are. Would they be doing other buildings with the rest of the property they have available.

George is concerned about the parking spaces. He said that will be an increase amount of parking in their neighborhood. He would like to know if there has been a traffic study.

Aron Baker said 3-4 cars for every 3,000 sq. ft. which would be less than a threshold for a traffic study. A TIS is not required.

Jerry Campbell asked to have this request denied.

Neil Glauser said the reason the buildings were denied last time was because of the Blakes home.

Commissioner Hullinger asked to call a question. Chairman Bracken said when a question is called it ends the public hearing. Commissioner Taylor would like to hear the question.

MOTION: Commissioner Taylor made a motion to deny the request. Motion does not pass due to lack of second.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of this request he finds a substantially change. Commissioner Hullinger seconded the motion.

Roll call for the vote:
Commissioner Nobis and Commissioner Taylor voted nay
Commissioner Hullinger, Commissioner Burks, Commissioner Campbell and Acting Chairman Bracken vote aye. Motion passes four to two in favor.

B. Consider a zone change from PD-COM (Planned Development Commercial) to C-3 (General Commercial) on 0.86 acres. Located at 285 West Tabernacle Street. Mr. Chris Bloxham, applicant. Case No. 2008-ZC-011

Community Development Director Bob Nicholson said this is a request to change the zone on property that is already developed. Bob said there are actually two buildings on the property. He pointed out that to the north of this property it will soon be the State/County Courthouse, East it is zoned C-3, south is C-3 and west is PD Commercial (across 300 West Street). Bob pointed out the following comments from staff;

1) The applicant wants more flexibility in the type of uses the property can be used for. The property was rezoned from R-2 to PD Commercial in March 1986 to allow for the construction of a new office building on the corner and the conversion of a small warehouse building to commercial use. The 2 existing buildings will remain as is. The list of approved uses tied to this PD Commercial zone is attached, but in brief the uses are similar to those allowed in the Administrative & Professional Office (AP) Zone.
2) The existing parking on-site will limit the type of uses that can occupy the buildings. The applicants propose no additions to the existing buildings, just an expansion of the potential uses.
3) One option to the C-3 zoning is to expand the list of uses in the PD zone. This option was explained to the applicant, but the applicant felt that because the remainder of the block to the east is already zoned C-3, he would like that same privilege.
4) The new State-County Courthouse will be built across the street so the appropriate use for this subject property is office use and other uses compatible with the new courthouse. An expanded list of uses for the PD zone may be the best solution for both the applicant and the city.

Commissioner Taylor said you are not planning to add another building with the lot. Chris Bloxham replied no.

MOTION: Commissioner Taylor made a motion to recommend approval of the zone change from PD-COM (Planned Development Commercial) to C-3 (General Commercial) on 0.86 acres. Located at 285 West Tabernacle Street. Commissioner Campbell seconded the motion. All voted aye.

HILLSIDE PERMITS

A. Consider a request for a hillside development permit for Airport Road Realignment, a proposed waterline to the new Airport and future access for development. The project consists of rough grading for the future alignment of the airport access road (west side), and the construction of a waterline to provide construction water for the airport grading project. The site is on approximately 41.30 acres. The site is located at approximately 2840 East 3800 South (old airport road). The applicant is SITLA, the representative is Sean Glathar, Desert Canyons Development, and the engineer is Ken Miller, Desert Canyons. The property is presently zoned M & G (Mining & Grazing). Hillside Permit Case No. 2008-HS-004

Planner Ray Snyder presented this item. The project is construction of new roadway access for waterline and new airport. The applicant submitted a conceptual drainage report and geotechnical report, grading plan, cross sections, roadway plan and profile, and slope map. The road goes through both St. George and Washington County lands. It appears that the zone within St. George from 3000 East to the City limit is M & G (Mining & Grazing) for this road and its related infrastructure. The General Plan shows this area as Rural Residential.

Ray said the goal of the applicant is to rough grade for the future alignment of the airport access road (west side), and the construction of a waterline to provide construction water for the airport grading project.

Ray read into the record the following staff comments;

1) A city of St. George waterline will be constructed underneath this proposed roadway to accommodate the future airport site. The roadway will also provide a means for construction purposes during the time of construction of the airport.
2) Included as part of this hillside development permit, are two (2) domestic water storage tank sites and the waterline (outside the limits of the roadway) as shown on the attached exhibit that the City will build for the airport and future development.
3) The road is also being realigned to facilitate future development in the area.
4) The applicant shall follow the recommendations of the geotechnical letter dated April 10, 2008.
5) The drainage improvements shall be installed as shown on the plan to accommodate immediate needs.
6) The applicant has requested that the Hillside Review Board determine if certain knolls on the slope map may be disturbed and/or removed.
7) No Disturb areas shall be designated on the slope map.
8) Orange fencing shall be installed to indicate limits of disturbance.

Ray said Hillside Review Board recommendation is that the project approved as shown on the attached exhibit (tank sites, waterline location and proposed roadway) with a few items for mitigation:

1) From the radius on proposed roadway that is close to the hillside (approx. station 20+50 to 24+00), cut slopes can be steepened to 1:1 instead of 1.5:1 to provide a 10 shoulder for rock fall potential.
2) Each tank site needs to mitigate the fill slopes and provide a natural look by painting and stacking rock.

City Engineer Cathy Hasfurther said with the City County boundary line the annexation is still being worked out and will be done in a couple of months. They will need to talk to County to see what their requirements will be for this area. She has talked with Water Service Dept. and they will communicate with County and City. Tank#1 is close to the road. The road will be designed close to the tank.

Assistant City Attorney Joseph Farnsworth said the permit will be issued once the property is annexed into St. George.

Sean Glather said they have had conversations with County and they have received a letter from SITLA allowing them to work. Commissioner Campbell asked who owns the property right now. Desert Canyons is in the process of doing a development lease.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a hillside development permit for Airport Road Realignment, a proposed waterline to the new Airport and future access for development. The project consists of rough grading for the future alignment of the airport access road (west side), and the construction of a waterline to provide construction water for the airport grading project. Commissioner Taylor seconded the motion. All voted aye.

B. Consider a request for a hillside development permit for Flying J Frontage Road, a proposed roadway. The project would result in new roadway behind the Flying J. The site is on approximately 4.3 acres. The site is located at 120 East between Brigham Road and 2680 South. The applicant is City of St. George, the representative is Aron Baker, and the engineer is Horrocks. The property is presently zoned OS (Open Space). Hillside Permit Case No. 2008-HS-005

Planner Ray Snyder said the project is construction of the Flying J Frontage roadway off of Brigham Road. The applicant has submitted a site plan, cross sections, and roadway profile. The site is located at 120 East between Brigham Road and 2680 South. A small portion is zoned PD-COM (Planned Development Commercial) while the majority of land is zoned OS (Open Space). The goal is to construct a new roadway for truck access behind the existing Flying J.


Ray said this project is to help relieve the truck traffic impact affecting the Exit 4 interchange. The cut and fill slopes range from 0-15 feet in the height. The cut slopes based on preliminary geotechnical design are 1.25 V to1H. The fill slopes are 1V and 3H. Orange fencing shall be installed to indicate limits of disturbance.

The Hillside Review Board recommendations are;

1) At Station 12+00 lay back the cut slope to remove the knoll to expose the natural hillside look in this area.
2) Staff to review and address the drainage that comes from the hillside area.
3) Round all cut slopes at the top and sides to blend back into natural hillside slopes.

Aron Baker said this has been a long process to go through especially with BLM. Aron Baker went over the way the road will be developed and cut. Aron said that BLM has been very gracious to allow this to be done. He spoke on the poppy plants. Commissioner Campbell asked if there will be a traffic light? Aron replied not at this time.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a hillside development permit for Flying J Frontage Road, a proposed roadway. The project would result in new roadway behind the Flying J. The site is on approximately 4.3 acres. Commissioner Hullinger seconded the motion. All voted aye.

MINUTES

Consider approval of the Planning Commission minutes for February 12, 2008, February 26, 2008, and March 11, 2008.

MOTION: Commissioner Burks made a motion to recommend approval of the minutes. Commissioner Nobis seconded the motion. All voted aye.