Planning Commission Minutes

Tuesday, July 14,2009



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
July 14, 2009 5:00 P.M.


PRESENT: Acting Chairman Ron Bracken
Councilwoman Gloria Shakespeare
Commissioner Ross Taylor
Commissioner Kim Campbell
Commissioner Chapin Burks
Commissioner Ron Read
Commissioner Michael Nobis
Commissioner Julie Hullinger

CITY STAFF: Assistant City Attorney Joseph Farnsworth
Community Development Director Bob Nicholson
Senior Development Engineer Catherine Hasfurther
Planner II Ray Snyder
Planner I Craig Harvey

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

1. CONSENT ITEMS FINAL PLATS

A. Consider approval of a final plat for Shadowbrook Homes 2nd Amended Plat D with twenty-two (22) single family lots. Located just north of 800 South on the east side of 900 East at approximately 970 East and 770 South in the PD zone. Mr. Roger Dudley is the representative. Case No. 2006-FPA-048.

Senior Development Engineer Cathy Hasfurther presented this item. She mentioned that they can be taken in one motion, but need to be discussed individually.

The purpose of this amendment to Plat D is to transfer a 30 strip of common area to lots 81 & 82 to allow the construction of two home which are larger than the other homes in the subdivision and to include the possibility of a third garage. The architectural characteristics must be consistent with previously built and occupied homes in the subdivision.

Assistant City Attorney Joseph Farnsworth stated there is a minor correction that will be required in the language on the mylar.

Commissioner Nobis asked who was signing for the home owners association.

Assistant City Attorney Joseph Farnsworth stated that the HOA President will sign.

This plat will need to be heard at a public hearing for approval by City Council because 100% of the property owners did not give consents to the plat.

All aspects of this Final Plat were carefully looked at and reviewed by Planning Department staff, Development Services Department staff, and Legal Department staff and it meets all of the preliminary plat conditions and approvals.


B. Consider a request to amend and extend the final plat for Tonaquint Hills Phase 1 Amended and Extended No. 2 to abandon a section of the public street Silicon Way and to dedicate a new public street Cisco Drive. Located on the west side of Dixie Drive at approximately 1110 West and 1480 South in the PD zone. Mr. Reid Pope is the representative. Case No. 2008-FP-037.

Senior Development Engineer Cathy Hasfurther explained that the purpose of this amended and extended Plat is to abandon a section of the public street, Silicon Way, and to dedicate a new public street, Cisco Drive. Also being amended in this Plat are two distance calls from the south corner. These distances were previously recorded in error and have been corrected on this Plat. Also the location of the record street monuments on this Plat has been updated. The section of roadway to be abandoned is that which currently extends northwest from the round-about.

This plat will need to be heard at a public hearing for approval by City Council because we did not get 100% of the consents.

All aspects of this Final Plat were carefully looked at and reviewed by Planning Department staff, Development Services Department staff, and Legal Department staff and it meets all of the preliminary plat conditions and approvals.



C. Consider a road dedication and vacation for Rustic Drive. Located on the east side of River Road at approximately 1900 East and 2660 South in the R-1-10 zone on the north side and A-20 on the south side. Mr. Brandon Anderson is the representative. The applicant is the City of St George. Case No. 2009-FP-010.

Senior Development Engineer Cathy explained that off River Road the church is looking at buying a parcel of land.All aspects of this Final Plat were carefully looked at and reviewed by Planning Department staff, Development Services Department staff, and Legal Department staff and it meets all of the preliminary plat conditions and approvals.

D. Consider a road dedication and vacation for Black Mountain Drive. Located on the east side of Exit 2 along the I-15 freeway at approximately 1100 West and 5000 South in the PD zone. Mr. Craig Coates is the representative. The applicant is the City of St George. Case No. 2009-FP-008.

This is new roadway at new Interchange #2. This is in the South Block. All aspects of this Final Plat were carefully looked at and reviewed by Planning Department staff, Development Services Department staff, and Legal Department staff and it meets all of the preliminary plat conditions and approvals.

MOTION: Commissioner Campbell made a motion to approve Item 1A with minor adjustments to mylar per our attorney and authorize the chairman to sign. He also moves to approve items 1B, 1C, & 1D and authorize the chairman to sign. Commissioner Burks seconded it; all voted aye, motion passes.

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

Consider a zone change request from OS (Open Space) to RE-37.5 (Residential Estate - 37,500 sq. ft. minimum lot size). The area consists of approximately 0.95 acres. The site is located at 660 West Man-O-War in Bloomington. The applicants are Mr.& Mrs. Kenneth Young. Rosenberg Associates is the representative. Case No. 2009-ZC-006. (Note: This item was carried over from the June 6, 2009 PC meeting)

Craig Harvey presented this zone change request.

Assistant City Attorney Joseph Farnsworth explained that this is an unusual exception for creating a split zone due to flood plain.

Craig mentioned that there are only a few other split zones.

Commissioner Taylor asked why a lot split was not presented.

Rick Rosenberg, Rosenberg Associates representing the applicant, answered that will be the next step after the zoning is approved.

Assistant City Attorney Joseph Farnsworth stated that is correct or it would violate the zone by having two properties on one parcel.

Bob Nicholson, Community Development Director, said the zoning comes first and then a lot split.

Craig explained the conditions as follows:

1. The City General Plan recommends that land within the 100-yr floodplain remain in Open Space zoning. This parcel is outside of the 100 year flood plain, but it is still within the 500 year flood plain.
2. The Engineer, Rosenberg Associates, is providing Erosion Hazard recommendations of how erosion mitigation should be accomplished.
3. If Planning Commission recommends approval, Staff recommends the following restrictions:
a. Require the applicant to sign a flood hazard waiver to be kept on file with the City;
b. No fill on the site except where the dwelling will be located;
c. The driveway must be aligned with the Bloomington Man-O-War Park east driveway/entrance;
d. The applicant adheres to the recommendations made by Rosenberg Associates in regards to mitigating the Erosion Hazard issue;
e. The applicant dedicates the appropriate easements to the City (i.e. utility, drainage, etc).

Craig said one letter was received in support of the zone change.

Acting Chairman Bracken opened up the public hearing.

Rick Rosenberg explained that the configuration changed since the last meeting. Mitigations in the technical memo will apply.

Acting Chairman Bracken asked if there were any other comments by the public. Seeing none, he closed the public hearing.

MOTION: Commissioner Burks made a motion to approve item 2, with conditions by staff. Commissioner Nobis seconded it. All voted aye; motion passes.


3. PD ZONE AMENDMENT PUBLIC HEARING (5:00 P.M.)

Consider a request to modify the list of approved uses for the Sunbrook Ranch PD Commercial zone located at 415 South Dixie Drive by adding dances for the general public to the list of allowed uses. Ms. Andrea Riggs, applicant. Case No. 2008-ZC-017.

(Note: This item was tabled at the June 23, 2009, Planning Commission meeting. A site visit was then made by the Planning Commission on June 30th at 7:00 p.m.)

Bob Nicholson, Community Development Director, presented this request.

This project was on the last PC agenda and was tabled for a field trip that was held on June 30th. Bob read the background for this project from the staff report. This request is to expand the list of uses. A new addendum #2 is before you tonight for your review. Dances would be two to three nights per week and not nightly. They would end at 11:30 and not midnight. Bob gave a recap of the issues. First is parking. Bob explained that the number available presently is more than adequate. With future additions / uses it will be reviewed again for compatibility. Regarding security, the police department Captain Rich Farnsworth is here to address security concerns. Fire Code requirements as outlined by Kevin Taylor will be complied with. The hours of operation would be until 11:30 unless she is granted a special event permit at a later time.

The applicant, Ms. Riggs, came to the podium and stated that the vision has changed a little bit. Zumba is held four times a week, three of which are nights. There is a growing response to these classes and she will keep these three nights a week, from 8:30-9:30. The other nights would be instructional dancing. An event company would have to get a special permit with the city, for large dance events.

Acting Chairman Bracken opened the hearing to the public.

St. George Police Captain Farnsworth explained that he does all event approval and special event permits. Predominately the issues are disturbance of neighbors. There should be a no re-admittance to events once the patrons leave. This requires a plan to regulate the parking lot and having the people disperse.

Commissioner Burks asked Captain Farnsworth if they call him with issues?

Captain Farnsworth said that signage will help plus strong management. If managed well they will have few problems

Captain Farnsworth explained typical response time of officers.

Commissioner Read asked what is required during an event and to disperse it afterwards.

Captain Farnsworth answered that officers are typically hired for an event. On a large event police are required to be hired. For small events private security typically works.

Ron Read asked if private security will suffice for line dancing.

Captain Farnsworth answered that is correct. When opened to general public it requires more security.

Commissioner Read asked if a cap on occupancy is recommended.

Captain Farnsworth said he is obtaining legal recommendation on this.

Commissioner Burks questioned the need for security if soccer is simultaneously going on.

Captain Farnsworth does not see as a problem. He said that with a responsible Manager you dont see many problems.

Michele Higginson, a resident neighbor, said she has been going to Zumba classes and she supports what Andrea has done. She would like to see other events brought in and she sees that as a great opportunity for the neighborhood. You cant hear music outside of building. She sees it as positive.

Marv Blosch (applicant / property owner) said we are dealing with a white elephant here. We have hopes here for the future. We dont want a boarded up building. He is 62 years old and would take his wife dancing down there. His wife wants to line dance. It is a positive thing for the community.

Acting Chairman Bracken asked if any others care to comment. The public hearing was closed.

Commissioner Burks asked Assistant City Attorney Joseph Farnsworth what precedence is set.

He said it could set precedence. If someone else wants to have a dance hall in a PD zone; it opens doors. He looked in the code at 3-2A-4 which is a section for dance halls. Several of these issues have been addressed such as a person can not return after leaving, etc.

Councilwoman Shakespeare asked how to avoid invading a neighborhood after an event and protect the quality of life for the neighbors? The hours concern her more than the usage.

Commissioner Campbell said parking is manageable. His concern is noise. The building has poor insulation and the noise comes through the walls. He went into soccer and it was very loud in there. He feels that we need to establish the loudness (decibels) of the music. He has to be convinced we can find a certain decibel that the band cannot exceed. Deep base on the property line will create unhappy neighbors. You can feel base hitting you in chest. There is a large distance (180 ft.) to property line and good distance, but the noise level can be a problem.

Assistant City Attorney Joseph Farnsworth explained what already exists in the ordinance for sound and distance that can be enforced.

Assistant City Attorney Farnsworth said because it is a PD zone you can restrict the time.

Commissioner Read stated that since this is the first time for a request like this, he thinks that anything over 100 people for an event should have some public security included. If they are ever over 200 people, then a special event permit would be required.

Commissioner Taylor said this is an intrusive business into a neighborhood. This needs to take priority. Your plan needs to be adjusted for residences.

Commissioner Read said being more restrictive now is good and they can return to get fewer restrictions if its working and they are not getting complaints.

MOTION: Commissioner Burks stated that he does not object to the classes but he does object to the general public dances at the hours specified. He made a motion to deny item # 3. Commissioner Taylor seconded it; a vote was taken: Commissioner Read nay, Commissioner Nobis, nay, Commissioner Hullinger nay, Acting Chairman Bracken nay, Commissioner Campbell, nay. Commissioner Burks aye, Commissioner Taylor, aye.
The motion died (2 aye,5 nay).

Acting Chairman Bracken asked if there was another motion.

Assistant City Attorney Joseph Farnsworth read the code for noise and enforcement and explained that it is enforceable.

Commissioner Nobis said most of them are fine with the fitness classes; however the cause of concern is the late night part. If the applicant can provide more detail on the dances for the public it would be helpful. We need to sit down and determine what the cap is; the maximum people that they can have there at any time.

The applicant, Andrea Riggs, stated that they will get the police on site if they have 150-200 people. They dont want riff raff. Kids wont come for Salsa dancing. Lets say local bands play, that would be over by 11:30and yes they would involve police in security. They want a safe environment and to be good neighbors. She thinks there are many options to resolve

Assistant City Attorney Joseph Farnsworth stated that the ordinance does require security per code and he explained the ordinance.


Marv Blosch asked if he could add the suggestion to approve it on a trial basis, maybe for six months or a year.

Commissioner Taylor stated he thinks there is merit in that thought, not six months, but perhaps going 60 days as a trial period. He would go on record for a short term trial. Six months could be painful for the neighborhood.

Assistant City Attorney Joseph Farnsworth said an agreement would have to be drafted and recorded on the property. It is a zone change and along with it comes rights that you are vested in. It becomes a quasi-CUP.

Bob Nicholson said because it is a PD zone, it is custom zone. He asked if a time frame would not be appropriate.

Assistant City Attorney Joseph Farnsworth stated that he would have to research this issue and he recommend this item be tabled to see if this is a viable legal option.

Acting Chairman Bracken asked if there some way after 60 days or 90 days they have to come to the Planning Director and not the Planning Commission.

Assistant City Attorney Farnsworth recommended tabling the item to look into the legal merit of that suggestion.

Commissioner Read said if we dont want them to have to come back, could we say a six month agreement and put our restrictions on it and then Assistant City Attorney Farnsworth could draft it before the applicant goes to City Council.

Assistant City Attorney Joseph Farnsworth clarified that Commissioner Read wants it to be an approval based on an agreement. He stated that would be difficult for him to recommend legally. He needs time before next meeting to resolve these questions.

Councilwoman Shakespeare said it takes time to grow a business. What protection is there for the neighborhood? Six months is not a true picture to the neighborhood. She has concerns about this.

Commissioner Hullinger asked if Code Enforcement couldnt be involved to shut them down if the restrictions placed on it are not complied with.

Acting Chairman Bracken asked if tonight they would be able to pass it based with one of the determinates to be that if there were complaints that an individual, perhaps Bob Nicholson, Community Development Director, could determine it no longer able to continue?

Assistant City Attorney Joseph Farnsworth said he doesnt think legally that is best course of action.


MOTION: Commissioner Burks made a motion for the applicant to meet with the staff and the City attorneys and at the next Planning Commission to bring forth three possible scenarios to look at.

DISCUSSION: Commissioner Read said he thinks they should set the criteria, not staff and the legal department. All that he wants from legal is to know if they can do this on a temporary basis. He would like to come back with the legal opinion. He doesnt want three scenarios that dont fit presented to them.

Assistant City Attorney Joseph Farnsworth said there are possibilities which would need to be looked into whether it is some type of agreement or deed restrictions or something within the PD text itself. Those are options. He would need to look into which would be the best option for the City, which has most solid legal standing.

A discussion on PD zone changes next occurred.

Bob Nicholson, Community Development Director, said if this moves forward then the City Council could set the date for August 6th. Two options could be to make a condition of PD zone or a voluntary deed restriction by the applicant. In fairness to applicants it would be nice to move it forward to the City Council and get their take on it.

Assistant City Attorney Joseph Farnsworth said his concern is that sometimes the nicest way may not be the most legal way to do it.

Commissioner Burks stated that he withdraws his motion.

MOTION: Commissioner Read said he makes a motion to continue this until the next meeting, simply for a legal opinion of the options to condition this either on time or what language could be put into a deed restriction for language that is enforceable.

Commissioner Hullinger seconded it. All voted aye, motion passes to table it until the next meeting.

4. WIRELESS MASTER PLAN

Consider a request for an amendment to add two locations to the Wireless Development Master Plan for Insite Towers LLC. The representative is Mr. Reid Pope. Case No. 2009-WMP-002.

Ray Snyder presented this request. It is to establish two cell tower (2) sites. The first site would be adjacent to the St George City Power substation in the northeast corner of the Ledges project. The second site would be on Lot 73 in Ft Pierce Industrial Park.

The city maintains a Master Plan for each wireless company in the Community Development Department.

This applicant requests permission to establish two (2) sites on a proposed new Master Plan for Insite Towers LLC

It is proposed that the towers would eventually be occupied by multiple users (collocated).

The goal is to increase coverage of wireless services.

The tower initially proposed for the Ledges would be a steel monopole 100 feet high.

The tower initially proposed for Lot 73 Ft Pierce would be a steel lattice structure 100 feet high.

Equipment shelter buildings for each client would be required on site.

Separate applications (CUP) shall be submitted for each specific site as required by Section 10-22-5 of the Zoning Ordinance.

Note that the maximum tower height permitted by code with an approved CUP is 100 ft. per Section 10-22-7.

The PC & CC may require photo simulations as part of the CUP application.

Commissioner Campbell asked Ray if he has any photos of the Ft. Pierce site. This location at the base of the mountain is good; he knows that on the west side of Ft. Pierce there are mountains. If the locations are approved, he asked if they are approving a monopole here and a lattice structure there.

Ray said no, they would just be approving a dot on the map. They would have to come back to Planning Commission and the photos would be looked at then.

The applicants representative, Ried Pope, explained that at this time they are just outlining the two proposed sites. The pole in Ft Pierce would also be at the toe of the hill. The Ledges tower would be slightly to the east of the utilities.

Commissioner Taylor asked if it would be masked by the hilltop to residential.

Engineer Ried Pope answered yes.

Commissioner Campbell stated a photo simulation to scaled height would be required for them to come back with a CUP. You would have to sell the Planning Commission on the aesthetics of the poles. He asked if they can serve their needs by putting it on other towers.

Engineer Ried Pope responded that they are developers of towers, not a provider.

Todd Fuscon came to the podium as a representative of Insite. Todd explained different coverage needs for customers. They develop co-locatable towers for their customers. He explained why a lattice tower is desirable and all that can be attached to it.

Planner Ray Snyder explained another tower was recently approved for Ft Pierce.

Councilwoman Shakespeare asked if there was not a limit of 4 providers per tower.

Assistant City Attorney Joseph Farnsworth read the ordinance and answered that the ordinance limits collocation to three providers only.

Bob Nicholson told the history of the drafting of the ordinance. It is possible it could be amended to allow more on one pole. He said they may want to consider amending it.

Commissioner Campbell asked Ray to reference when another tower was approved in Ft Pierce and how many users were on it. He said that if there is another tower in the vicinity, they shouldnt be looking at adding an additional tower in the vicinity.

Ms. Debbie Adams-DePompei representative for Turn-Key Telecom LLC informed the Planning Commission that Alltel did not get approval from SITLA (property owner) for the previous approved tower. It will not be built. There will only be one tower in Ft. Pierce Industrial Park, which would be built by Insite Towers. The developer, Gilbert Jennings, wanted to work with a company that would build one tower that would facilitate all of the carriers so he didnt have to keep going through this every time a carrier was interested in providing service to the park. You will only see one tower built within the park.

Ray looked up case No. 2008-CUP-005 (it was approved April 2008 and has expired). It was for Alltel.

Assistant City Attorney Joseph Farnsworth said a CUP expires after a year if the permitted activity was not commenced.

Commissioner Nobis asked if a simple fix would be to have Alltel amend their Master Plan.

Assistant City Attorney Farnsworth said the door is open because it was on their Master Plan.

Commissioner Nobis asked if the Planning Commission can table this until the other Ft Pierce site is vacated.

MOTION: Commissioner Read made a motion to approve the Ledges site and approve the Ft Pierce site, but the Ft Pierce site is conditioned upon the Master Plan for Alltel being abandoned first .Commissioner Taylor seconded the motion. All voted aye. Motion passes.

5. PUBLIC COMMENT ON REVISED ANNEXATION POLICY PLAN

Consider public comment on a revised annexation policy plan.

Bob Nicholson, Community Development Director, presented the revisions for the potential growth areas for the City boundaries. He explained the compatibility with the City of Washingtons growth plan. Bob showed the area to the north in the Desert Tortoise Habitat area. By law there is a process to follow. It is a two step process; tonight is the first step and letters had been sent prior to this meeting. The next Planning Commission meeting will be a public hearing.

Commissioner Campbell inquired why the City would annex the tortoise habitat.

Bob answered that if some future request ever came up it could not even be considered if it is not in the declared potential growth plan.

Acting Chairman Bracken mentioned that possible land trades could require it.

This is a vision document per Bob Nicholson.

Acting Chairman Bracken opened the floor for comment.

None was presented.

6. LOT FRONTAGE UPON A PRIVATE STREET (A)

Consider a request to build a home with the lot frontage upon a private street located off of Little Valley Road and north of 3580 South St. (in Little Valley and north of Little Valley Ranch Estates subdivision). Mr. Kerry White, applicant and Mr. Cameron Cutler, applicant. Case No. 2009-LF-001.

Craig Harvey presented this request. He stated that this item only requires PC approval.

Cameron Cutler provided a narrative to assist the applicant and he will be the representative.

Commissioner Campbell questioned if the fire department was fine with this request.

Cameron Cutler said they had one request which was to make it 25 ft. longer than what was shown on the plan. This was done and the fire department is fine with this.

MOTION: Commissioner Campbell made a motion to approve item # 6. Commissioner Burks seconded the motion. All voted aye; motion passes.

7. DISCUSSIONS

A. A discussion of a proposal to provide provisions for Short-term Rentals by modifying Title 10 Zoning Regulations, Chapter 14 Supplementary and Qualifying Regulations, Section 10-14-22 Short Term Leases of Residential Properties; by changing Section 10-14-22-E Residential Lease, Short Term, Prohibited to provide for exceptions to allow short term rentals. Case No. 2009-DI-004.

Bob Nicholson, Community Development Director presented this discussion item. This matter will be heard in a public hearing at a future time. Right now in the City code, we prohibit vacation rentals in residential zones except if they are in a Resort Overlay Zone, certain Bed and Breakfasts, and in approved PD zones. Bob named some of those developments in PD zones that have this. If you go onto the Internet you will see that many homes are being rented as short term rentals.

Commissioner Campbell asked about Bed & Breakfasts.

Bob explained that they are only in approved Landmark homes or in a commercial zone.

An Ordinance has been crafted to allow short term rentals where appropriate and enforce the code where it is not. We are getting some complaints from neighbors. The draft is two pages long that builds upon the existing ordinance (10-14-22)(E). Bob read the proposed language.

Bob talked about item A Resort Overlay zone (10-14-22)(E)(1)(a) and its minimum requirements, which are a golf course or adjacent to a golf course, a swimming pool and at least six tennis court, an onsite rental manager and substantial visitor parking, which means substantial surplus over the minimum requirement.

Bob also described item B Planned Development Zone, where short term rentals are a permitted use. To be eligible for short term rentals, a PD zone would have to have a minimum of 100 units and either have a regulation 18 hole golf course or have 100 % written consents from all the property owners in the project or the recorded phase agreeing to the project.

Commissioner Taylor asked if a phase has 40 units can that apply to the entire development. What if there were only 5 residents at time it was signed? Do they have to wait till balance are filled and signed?

Commissioner Nobis said the developer would sign as owner to those not sold.

Councilwoman Shakespeare asked if you can restrict it until all sold?

Acting Chairman Bracken said that would not work because other new owners would change.

Commissioners Read is opposed to phases. He thinks the project has to stand on its own and he suggested to strike phase thereof.

Commissioner Nobis stated phases should be removed from language.

Bob Nicholson stated that will require written consent of all property owners.

Commissioner Read recommended it be placed on the plat when the developer comes in.

Assistant City Attorney Joseph Farnsworth asked if we want 100% approval of all owners.

Commissioner Read recommended leaving them that option.

Option C Single Family Homes, four (4) conditions were read.

Bob Nicholson explained items 2 6 and the necessity of them.

Bob stated that in the past the Hotel Association opposed vacation rentals.

Councilwoman Shakespeare asked how it would be enforced.

Bob answered that it could be proactive and we go on the Internet and send letters to those advertising. In the past, it has been largely on a complaint basis.

Commissioner Read asked if we can we limit the number of parking spaces required (e.g. on a large six bedroom do you really need six spaces?).

Bob said we will schedule this for a public hearing two weeks from tonight.

B. A discussion of a proposal to modify City Code Title 10 Zoning Regulations, Chapter 12 Open Space Zone, Section 10-12-1 Purpose, 10-12-2 Permitted Uses, 10-12-3 Conditional Uses, 10-12-5 Area, Width, and Yard Requirements, and Section 10-12-6 Modifying Regulations to establish two zoning districts, an OS-P (Open Space Permanent Conservation District) and an OS-R (Open Space Recreational District), within the Open Space Zone. Case No. 2009-DI-005.

This discussion was lead by Craig Harvey. Staff has worked on this matter for over eighteen months. One of the questions is how to make flood plains into permanent open space. The Parks Department also had an intern working on this matter. Craig said he looked at other examples from other cities and how they handle this. They divide the zones into districts. With our PD zones we have PD-RES, PD-COM. Craig went over the new proposed language.

The district designations would be OS-P (Permanent Conservation) and OS-R (Recreational).

The proposed permitted uses in OS-P were explained. (10-12-2)(A).

The proposed permitted uses in OS-R were explained. (10-12-2)(B)

Craig showed graphics of the existing OS zones and what they are occupied by; Federal owned parcels, State owned parcels, City owned parcels, and potential areas to be considered.

Craig read and commented upon the ten (10) proposed permitted uses in the OS-P. He next read those nine (9) for the proposed OS-R zone.

Craig read and commented on Section 10-12-3 Conditional Uses in the proposed OS-P and OS-R zones.

Commissioner Taylor asked questions about the definition of commercial agriculture and the criteria to define that.

Ray Snyder and Craig Harvey gave several examples.

Assistant City Attorney Joseph Farnsworth stated that this will need to be defined more specifically.

Councilwoman Shakespeare asked if it was like a business in an Agricultural Zone like Cinnamon Hills.

Bob Nicholson stated the difference between Agricultural zone and a CUP versus Open Space.

Laura Taylor is here from the Parks Department to answer any questions.

The proposed code amendment will come back to the Planning Commission at a future date.




8. MINUTES

Consider approval of the Planning Commission minutes for June 9, 2009 and June 23, 2009.

MOTION: Commissioner Burks made a motion to approve the minutes of June 9, 2009 and June 23, 2009. Motion was seconded by Commissioner Hullinger. All voted aye; motion passes.

Motion to adjourn was made by Commissioner Burks. Motion seconded by Commissioner Hullinger. The time was 7:38 p.m.

Bob mentioned ULCT convention September 9-11. There is money for the Planning Commission to attend. Please think about it. Ray is going to the meeting If you feel strongly that you want to attend let him or Gail know.

We also need the Planning Commission to consider attending the one held in St. George.