Planning Commission Minutes

Tuesday, September 22,2009



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
September 22, 2009 4:00 P.M.


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

CITY STAFF: Assistant City Attorney Joseph Farnsworth
Community Development Director Bob Nicholson
Planner II Ray Snyder
Planner I Craig Harvey
Project Manager Todd Jacobsen
Secretary Gail Williams

ABSENT: Commissioner Ron Read

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

1. CONSENT ITEMS FINAL PLATS

A. Consider approval of a final plat for Chapel Hill Subdivision with six (6) single family lots. Located at the corner of Foremaster and 1740 East. The property is zoned R-1-10 (Single family Residential 10,000 square foot minimum lot size). Alpha Engineering is the representative. Case No. 2009-FP-016.

Todd Jacobsen presented these final plats and they will all be taken as one motion.

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.

This Final Plat is ready for Planning Commissions consideration for approval.

Commissioner Campbell had a question on item 1A. He asked if the drainage issues had been resolved between the church and the adjacent properties.

Todd Jacobsen said he was not aware of any drainage issues. He said perhaps Jay Sandberg or Cathy Hasfurther could answer those questions.

Jay Sandberg came to the podium.

Commissioner Campbell asked if any of the lots were subject to flooding that occurred recently at the church site and went down on some properties.

Jay said the lots themselves are fine. The road sits above all of the lots and drainage is generally down to the east. The last two lots are walk-out basements lots because the lay of the lots is lower than the road. None of the drainage comes from the church comes across those lots.

Jay said the issue is probably drainage coming off of the street. There is a temporary ditch in that area and eventually there will be a storm drain that goes down there as the street extends.

B. Consider re-approval of a final plat for Legacy Estates Phase 13 with 21 detached patio home units. Located at approximately 700 W. 2200 South. The property is zoned R-3 Multi-Family Residential. Mr. Reid Pope is the representative. Case No. 2009-FP-020.

Todd Jacobsen, Project Manager explained that this was previously approved on June 26, 2007 by the Planning Commission and on July 5, 2007 by City Council; however the plat was never recorded, so it is brought back for approval again.

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.

This Final Plat is ready for Planning Commissions consideration for approval.

C. Consider approval of a final plat for Vista View Subdivision with twenty-one (21) single family lots. Located at 1425 North & Dixie Downs Road. The property is zoned PD-RES (Planned Development Residential). Dixie Downs Development LLC is the owner, Mr. John Taylor is the applicant, and Rosenberg Associates is the representative. Case No. 2009-FP-015.

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.

This Final Plat is ready for Planning Commissions consideration for approval.

MOTION: Commissioner Campbell made a motion to approve items 1A, 1B and 1C and authorize the chairman to sign. Commissioner Nobis seconded it. All voted aye, motion passes.


2. WIRELESS MASTER PLAN

A. Consider a request for a Wireless Development Master Plan. The applicant is Atlas Tower LLC. Mr. Jerome Gourley is the representative. The location of one proposed site is 4241 South River Road. Case No. 2009-WMP-003.

Ray Snyder presented this request and visuals were shown of the property site. A single pole monopole was shown.

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

This applicant requests permission to establish one (1) site on a proposed new Master Plan for Atlas Tower LLC. It is proposed that the tower would eventually be occupied by multiple users (collocated). The goal is to increase coverage of wireless services.

The tower conceptually proposed would be a steel monopole 100 feet high.

Equipment shelter buildings for each client would be required on site. A separate application (CUP) shall be submitted for the 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.

A letter was received from Nathan Foster, WiBlue, Inc. stating that the purpose of this request is to detail their intentions and proposed locations for facility builds in the City of St. George. They currently propose one location: Fort Pierce Industrial Park. They stated that they will comply with all regulations in respective zone districts and fulfill all requirements for zoning approval for each proposed location. They are currently proposing a location in an M-1 zone. Wireless facilities require a CUP in all M-1 zones for any tower greater than 35 feet that does not exceed a maximum of 100 feet. He went on to say that the facilities are unmanned and only occasionally visited by maintenance personnel. Therefore, they do not require public facilities or services greater than presently available. Given the limited visits to the facilities, approximately 1 per month, there is no distinguishable impact on infrastructure. All facilities have and maintain all applicable FAA 7460-1 Obstruction Approvals.

A letter was presented from Ft. Pierce Industrial Park Owners Association and portions were read by Ray Snyder. Their board requested that only one tower be allowed in the park at this time and they said their preferred location would be on the western boundary of the park which is the site proposed by Insite Towers. Ray said we will talk about this in item 3C on the Agenda. Ray also mentioned that this letter is in the file and is public information.

Ray Snyder stated that someone has the right to submit a conditional use permit and also has the right to submit a wireless master plan. We need to go by our ordinances and sections to view each on a case by case business. We would like to have minimum cell towers in a community. It is an aesthetic issue. However, historically in the industrial park we have found that they are more agreeable down there. Staff proceeds to take in each wireless master plan and it is up to the Planning Commission to look at each on its own merits.

Ray Snyder told the commissioners that there is another letter before them rescinding the previous letter from Alltel, a possible future customer of either of the towers. They are saying that they would basically like to remain neutral and have the option to go on either tower if either one is approved.

The applicant, Jerome Gourley, came forward to represent Atlas Tower in this application. He said they had looked seriously at several site and considered several locations in the Ft. Pierce Industrial Park before selecting the property and business owned by Mr. Thomas Shakespeare, called Toms Mechanical, which is located at 4241 S River Road. It is a 3 acre parcel. They have met the 10 ft. setback required for the monopole. They selected the south end of Ft. Pierce because of the new airport and River Road extension; they believe a growth of expansion will take place in the south end. Mr. Gourley went on to say that this is not in an area to break any ridge lines, it is on private property and will provide a 360 degree signal for Alltel and other providers. It makes sense to be on the east side of River Rd. The existing poles in the area are 66 ft. high.

Commissioner Taylor asked how far off River Road this would be.

Mr. Gourley responded that they are 137 ft. behind the Toms Mechanical Building. It is 324 ft. from the center line of /River Road.

Ray said another property owner in Ft. Pierce had called and was concerned as to what would happen if the cell tower fell over. Ray told him that the building dept. would be in charge of that.

Commissioner Burks asked if Mr. Jennings had been sent notice of this request.

Ray Snyder said notices had been sent. He said staff cannot say that an application can not be turned in. It would be a civil matter between the CCRs and the applicant.

Jerome said the property owner is present and he would be willing to discuss the CCRs.

Commissioner Burks said his problem is that the Ft. Pierce Industrial Park Owners Association is against the one applicant coming in but would approve the other applicant.

Tom Shakespeare came to the podium and said he and his wife were approached for this request. He has a hard time with the owner saying there will only be one tower and it would be his choice. Tom feels that competition is good and is a necessity.

Commissioner Taylor asked Tom Shakespeare if he had a conversation with the board. Mr. Shakespeare replied that he is scheduled for October to be on their agenda.

Acting Chairman Bracken said he agrees with Mr. Shakespeare that competition is good.

Tom Shakespeare said the tower would blend in with the other poles on River Road.

Assistant City Attorney Joseph Farnsworth said the PC should consider if this is a reasonable request and in the best interest of the City.

Commissioner Taylor asked if two towers would be in competition radio frequency wise and the response from Mr. Gourley was no, there would not be interference.

MOTION: Commissioner Burks made a motion to recommend approval of item #2 with staff comments. Commissioner Nobis seconded the motion. All voted aye, motion passes.


3. CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit to construct a 100 foot monopole telecommunications tower with an associated equipment shelter. The applicant is ATLAS Tower LC. Mr. Jerome Gourley is the representative. The location is 4241 South River Road, in the Ft Pierce Industrial Park (M-1 Zone) Case No. 2009-CUP-015.

Ray Snyder presented a slide show.

A monopole is permitted in an industrial zone up to 35 ft. maximum as a permitted use. (Section 10-22-4). However, a 100 ft. monopole is not described as a permitted use and thus requires a CUP.

Jeromes letter stated that this site is located in the rear of a developed parcel and will be partially screened by an existing 25 ft. building, located directly west of the proposed lease area. In addition, the monopole will be painted tan to blend with the surrounding landscape. The visual impact of the tower and associated equipment cabinets from and public ROW or neighboring property will be minimized.

MOTION: Commissioner Taylor made a motion to approve the CUP due to the finding stated: mitigate dust, odor, noise, and that the height is within the range allowed by the City. Commissioner Campbell seconded the motion. All voted aye, motion passes.


B. Consider a request for a conditional use permit to construct a 100 foot monopole telecommunications tower with an associated equipment shelter. The applicant is InSite Towers, LLC. Ms. Debbie DePompei is the representative. The location is on the east portion of the Ledges Planned Development on north U-18, in a Planned Development Residential Zone. Case No. 2009-CUP-016.

Ray Snyder presented this request and stated this WMP had previously been approved. The property is located south of Winchester Hills (County) and located adjacent to the existing St George City Substation. This site would be upon a leased 7,333 square foot area. It is zoned LDR (Low Density Residential 4 du/ac). A monopole in a residential zone is not listed as a permitted use and thus requires a CUP.

Slides were shown by Ray Snyder. This is a new site and collocation is proposed. Insite is a tower provider only-collating clients would be cell phone companies.

The applicant proposes fencing around tower and shelters. The setbacks must be met. Ray said that this 100 foot monopole may be visible from residential properties; however the proposed proximity to the existing electrical substation should make it less intrusive to the community.

Ray stated that for findings, uses shall be consistent with the character and purpose of the zone within which they are located. A monopole is consistent with an electrical substation.

Ray said that the representatives are present and they were invited to come forward.

Debbie DePompei came forward. Her clients prefer to be next to the sub-station and felt it would be the least impacted to the community. They are a tower developer and this tower will be able to accommodate 5 major carriers.

Commissioner Nobis asked the color of the pole and Debbie said it could be painted to match the background.

MOTION: Commissioner Campbell moved to approve item 3B with any comments by staff A-K and note that the tower needs to be painted to match the hillside and galvanized would be unacceptable. Commissioner Hullinger seconded the motion. All voted aye, motion passes.

C. Consider a request for a conditional use permit to construct a 100 foot lattice tower for telecommunications with an associated equipment shelter. The applicant is InSite Towers, LLC. Ms Debbie DePompei is the representative. The location is on lot 73 in the Ft. Pierce Industrial Park and located west of Commerce Drive & Venture Drive in an M-1 Manufacturing Zone. Case No. 2009-CUP-017.

Ray Snyder presented this request for Lot 73 in Ft. Pierce Industrial Park. Slides were shown by Ray. A lattice tower is permitted in an industrial zone up to 35 ft. maximum as a permitted use. However, a 100 ft. lattice tower is not described in section 10-22-4 as a permitted use and thus requires a CUP. A lattice tower is permitted in the M-1 industrial zone. The lattice tower may not exceed 100 ft. maximum. This is a new site and collocation is proposed. Insite is a tower provider only-collating clients will be cell phone companies.

The applicant proposes fencing around the tower and shelter. Setbacks must be met.

Ray commented that a lattice tower is a self supporting multiple sided, open steel frame structure used to support telecommunication equipment. A 100 foot lattice tower is the maximum height permitted by a CUP. A 100 foot lattice tower in the industrial area is not anticipated to be visible from residential properties and would be less intrusive to the community. The tower and shelter(s) must have security fencing. A six foot (6) vinyl coated chain link fence is proposed. The Planning Commission is required to make CUP findings.

The applicant Debbie DePompei is present and came to the podium. She said she works with Ft. Pierce Leasing and chose this location as it was a high elevation and is at the end of the park, which would not be intrusive to the owners. She said it needs to go through the Owners Association to be approved. She said Alltel never built their site as they never got Owner Association approval.

Commissioner Burks asked why they wanted a lattice tower. Debbie DePompei stated that they wanted to make sure there was a design to accommodate all of the carriers from the beginning.

Commissioner Campbell mentioned that he thought the Citys goal was to have one pole in an area and today they are faced with two poles in the same area. He wonders why all cannot be done on one pole.

Ray Snyder said they are different developers that want a pole and he said they would want to encourage that more in an industrial park, rather than Webb Hill, due to the aesthetics. He said free enterprise and the ability to have competition in that area would be the consideration before them.

Commissioner Taylor said even though it is a lattice pole, there is no shielding of it. He stated that he does have concerns about this lattice tower and how it prominently protrudes into the skyline.

Debbie DePompei said they would have no objections to change it to a monopole design if that was requested. She thought it was at the least intrusive position.

Commissioner Nobis said their concern was that since it is on a hill, it is more visible.

Commissioner Taylor asked if the SITLA area would be developed.

Bob Nicholson said it is their impression that it will be zoned Open Space. He said if the commissioners are concerned with the lattice pole, it could be a monopole. He said there is an opportunity for a lot of cell phone users in that area and competition is more desirable than a monopoly.

Commissioner Nobis questioned where the Alltel tower is and he was told that there is a letter in the file that it is now rescinded.

MOTION: Commissioner Campbell made a motion to approve item 3C with the condition that the lattice pole is changed to a monopole and add the staff comments. As far as being in alliance with finding A-K it will be acceptable, because of the monopole and it not be galvanized color but be in harmony with the hills to the west. Commissioner Burks seconded the motion. All voted aye, motion passes.


4. SHARED PARKING REQUEST

Consider approval of a Shared Parking Agreement for the property located at 1035 E. 100 South in a C-3 zone where the tenants peak hours will vary. Pat Chappell, applicant. Case No. 2009-PRKG-003.

Bob Nicholson presented this request and slides were shown. The building has 3,904 sq ft of office/retail area and 2,090 sq ft of storage/warehouse area. The 3,904 sq ft of office/retail area requires 16 parking spaces at 1 space per 250 sq ft of floor area, and the storage area requires 2 parking spaces at 1 space per 1,000 sq ft of strictly storage area. The building owner (applicant) proposes to have a fitness business locate in the present storage area to the rear of the building in the 2,090 sq ft area. The Cross Fit Dixie business is intended to provide athletic training to Dixie State College students/athletes and the hours of operation will be 5:30 7:30 a.m. and 6:30 7:30 p.m. The applicant states the Cross Fit Dixie business will not be open during normal business hours of 8 a.m. to 6 p.m. The other existing and potential tenants will operate between 8 a.m. and 6 p.m. Monday thru Saturday. The property owner and two existing tenants have signed an agreement regarding these hours and the one page agreement is attached along with a letter from the applicant.

Staff supports the request for the shared parking approval based on the variation in hours of operation and the written agreement signed by the owner and tenants.

Commissioner Campbell asked why two parking stalls were need for the Cross Fit Training since it is not a warehouse.

Bob said 10 spaces would be required as a minimum for fitness center. He said they are allocated 15 spaces to use in the morning.

Commissioner Campbell thought for the record it should be stated that they are 8 spaces short, however due to the peak hours varying, it would allow for the code.

Pat Chappell came to the podium representing the applicant. The students will run up from the college to the location. The times they will be in the site are off peak. She does not see a problem with the parking. They are applying so the applicant can get a permanent license. He has a conditional license at the moment.

Bob Nicholson said all of the people involved today have signed the agreement.

Assistant City Attorney Joseph Farnsworth stated that this agreement must be recorded.

MOTION: Commissioner Hullinger made a motion to approve item 4 and have it recorded. Commissioner Nobis seconded it; all voted aye, motion passes.

5. SUBDIVISION REGULATION AMENDMENT PUBLIC HEARING (5:00 P.M.)

Consider a request to amend the City St. George Code, Title 11 Subdivision Regulations; Chapter 5, Section 3:A to add a requirement for a secondary water system for new subdivisions. Case No. 2009-SRA-001.

Bob Nicholson presented this request. The proposed amendment would require the installation of underground piping in new subdivisions for irrigation purposes unless irrigation water will not be available to the subdivision within 5 years, or where a secondary water system is not feasible for other reasons. The Water & Wastewater Dept would make the determination of whether a secondary system is feasible or not. A secondary water system for irrigation purposes is important to the long term growth of the city and the need to conserve valuable culinary water resources. Typically during the hot summer months the citys water consumption quadruples compared to the winter months of November thru March and this dramatic increase is due to the outside irrigation with culinary water. The city cannot sustain this amount of culinary water consumption for outside irrigation purposes. The city is developing secondary water sources such as wastewater reuse and Virgin River water to be used for irrigation purposes. Having developers install the secondary water piping will enable the city to develop an effective irrigation system.

Barry Barnum came to the podium. He said as we grow, we can use less and less culinary water on the grasses. He stated that many communities around St. George already have this ordinance.

Commissioner Campbell asked what materials the secondary water would use. Barry said there are a variety of materials that could be used; PVC, etc. Barry said the Director of the Water Dept. would make that decision which could be appealed by the City Council.

Commissioner Taylor asked if anything is in the ordinance to restrict the person from using culinary water.

Barry said they will use the economic incentive. He said there will be appropriate pressure for irrigation and it will be properly filtered.

Commissioner Burks asked about the piping put in and if it is unused for three years, would the piping be damaged.

Barry said as long as it was installed properly it should not have any damage even if it was not used for an extended time.

The cost per lot per development was asked by Commissioner Burks.

Barry said it would be the same approximate cost as the culinary installation. He said it is almost as much to develop an irrigation system as it is to develop a culinary system.

Commissioner Campbell clarified that the secondary meter would not have a cost. An impact fee would be charged.

Commissioner Nobis has a concern of the guidelines that it could make or break a developer. He asked if the Washington County Water Conservancy District would give the developer a break. Barry said the WCWCD is looking into this and have agreed in principle to reduce their impact fees but the details have not been worked out.

Commissioner Nobis wanted to clarify that this does apply to residential and commercial and Barry responded that was correct.

The floor was opened to the public.

No one came forward, so the public hearing was closed.

Commissioner Burks asked Mr. Barnum if this was presented to the Home Builders Association and the response was that they had presented it, but no response had been received.

MOTION: Commissioner Campbell made a motion to approve item 5. Commissioner Hullinger seconded the motion. All voted aye, motion passes.

6. DESIGN REVIEW

Consider review and approval of the design and conceptual site plan for a temporary indoor ice skating rink to be constructed on the southeast corner of 200 West and Tabernacle Street in the C-4 Commercial Zone. Dixie Igloo, applicant, David Stanley, representative. Case No. 2009-BDCSP-003.

Bob Nicholson presented this review for approval to construct a large tent-like structure to house an indoor skating rink for approximately five months during the winter (Nov thru March). The structure would have a floor area of about 23,000 sq ft therefore requiring site plan & building design review by the Planning Commission and City Council.

Slides were shown as well as showing the existing landscaping along 200 West. The applicants have pursued various possible buildings and sites for an indoor ice rink which will be open to the public as a commercial venture. The applicants are now requesting approval for a 5 month period to erect a large vinyl tent to house the skating rink facility and also 3 small modular buildings for an office, restrooms, and equipment shelter. The rink would be located on the SE corner of 200 West Tabernacle Street on the site where the old School District office building was formerly located. The property is now owned by the city, and the applicant will need to secure a lease from the city. Some discussions on a lease arrangement have been held. Because the structure is temporary, the same scrutiny applied to a permanent building is not needed, but the structure should also be aesthetically pleasing and not create an eyesore even though it is temporary.

The Zoning code requires Building Design & Conceptual Site Plan review for all buildings with a ground floor area of 20,000 sq ft or more.(Section 10-10-5:I) The temporary tent will have a floor area of about 23,000 sq ft.

Staff feels that the skating rink downtown will bring additional vitality to the downtown and will provide a beneficial new recreational facility to the city. The proposed vinyl tent and modular buildings for office and restrooms can be done so that the facility will not detract from the downtown but rather be a positive addition. Any approval should only be for the 5 months beginning this November, and any consideration of future years should wait to see how the initial 5-month period turns out.

Bob said this could help bring vitality back to the downtown especially during the winter months.

The applicants, David Stanley and Jim Mitchell, are present and came to the podium. Mr. Stanley said they are proposing a tent 195 long by 80 wide. Being in a tent they would be limited by the weather. It would be too hard to keep ice in March.

Commissioner Taylor asked about the base of the tent.

Mr. Stanley explained the grading process and the sand placement. He also mentioned that this site will be restored to its previous grade once the tent is taken town.

Commissioner Nobis asked where the water would go. Mr. Mitchell said a lot of the water will be removed in a dump truck and hauled away. Mr. Stanley said each time they resurface, 100 gallons of water will be piped into the storm drain. During peak usage this would be every two hours from 5 pm to 10 pm.

Commissioner Taylor asked about the noise level for the neighbors to the south. The storage container box was shown that will house the equipment. Mr. Stanley said most of the noise would be generated near the new courthouse.

Commissioner Campbell asked about the air compressors being used in an enclosed container. Mr. Mitchell said the sound similar to a diesel engine would be in the storage unit.

Commissioner Campbell asked about a public address system and buzzers. He was told they would both of these. He mentioned the IBC (International Building Code) for temporary building structures. He was told they have been working with Mesa Consulting and are aware of the requirements.

Commissioner Campbell asked about the color of the tent and Mr. Stanley said there was no economic option. His point is that it is not a big box and a big white elephant. Commissioner Campbell said that he understands this is a temporary basis. He questioned how the loud buzzers and loud music could be mitigated for the neighbors.

Mr. Stanley said the landscaping could provide some deadening and they would be open to follow decimal levels the PC and City Council would put into place. He said that the hours of operation would be until 11:00 p.m. during the week and midnight during the weekends.

Commissioner Burks asked about the sides of the tent. The exterior grade will be 12 ft. high on one side and 14 ft. high on the other side. The ridge would be somewhere between 36-39 feet.

Commissioner Hullinger mentioned the decibel level and asked if that would apply in this situation. Mr. Mitchell said the City policy is that the city will send someone out to be sure it does not go above a certain level.

Assistant City Attorney Joseph Farnsworth stated that tonight the Planning Commission is looking at how this request aesthetically fits in with the area.

Commissioner Nobis asked if there were plenty of parking stalls.

Mr. Stanley pointed out the parking diagram on the wall and said the remaining parking far exceeds what is in the code.

Commissioner Nobis asked if it would interfere with other city events downtown.

Bob Nicholson pointed out that this will be taken down prior to the Arts Festival.

MOTION: Commissioner Taylor made a recommendation to approve item 6, the indoor skating rink. Commissioner Nobis seconded the motion. Commissioner Burks asked that it be taken down within five months, period. All voted aye, motion passes.

7. DISCUSSION ITEMS

A. Bridle Gate Estates; to consider a request regarding the future use of the equestrian facilities. Ken Miller, applicant.

Bob Nicholson presented this request. The developers of Bridle Gate Estates located on the SE corner of 2450 South and 3000 East in Little Valley are seeking ways to make the equestrian facilities which were developed in conjunction with the subdivision more financially self-supporting. Phase 1 of Bridle Gate Estates with 40 lots was recorded in February 2006 and as of early August 2009 only 10 lots had been sold. Of the ten lots only 3 lot owners utilize the equestrian facility. The letter from Ken Miller explains the financial difficulty of maintaining the equestrian facilities in view of poor lot sales and minimal usage by the present subdivision lot owners. The possibility of opening up the equestrian facilities to non-owners of the subdivision is one way to make the equestrian facilities more viable for the long term. The property is currently zoned RE-12.5. This issue is on the agenda to explore possible ways to maintain the equestrian facilities on a long-term basis.

Bob said this area encompasses 54 acres.

A letter was received from Miller Consulting regarding amending the current use and designation of the existing equestrian facilities at Bridle Gate.

The floor was opened up to Ken Miller. Mr. Miller said that at the time this was put together they felt it was a good idea. He still feels that it is a good idea, however times have changed.

Out of 40 lots, only 10 lots were sold. The property went into default and has been in limbo since then until FDIC went through a management company. He has worked diligently with then to come up with some solution. They would like to work with Ken to develop the subsequent phasing.

There has been some interest from 3 builders to continue the sub-division; however they have disinterest in the equestrian facilities. It has little use now from the lot owners; only two of them have shares in the facility. Mr. Miller said they are concerned about those who are using the facility; however they are under pressure from the FDIC.

The proposal now to consider would be to eliminate the equestrian facility entirely, re-plat the lots along 2350 South and have acre plus lots with a conservation easement, to have it open space with restriction on fencing which could be used as each individual lot used for equestrian. This is option 1 and what the property management and FDIC would like to see.

Option 2 would be dealing with the current users who have shares, either a buy out or a trade, whichever would suit the two property owners. The same large lot concept would be in place with a minimized common area, which however would be large enough to accommodate a reduced size stabling facility. The current facility is modular and could be broken up. The arena would be moved to a new location.

Commissioner Taylor asked if it was marketable to offer this to people from other areas.

Ken Miller said they had not had enough sales to judge that.

Nine homes are now in Bridle Gate Estates.

Commissioner Nobis asked if it could be made into more of a park idea due the future intersection which will have heavy traffic. He thinks that traffic wise, 3000 East will be used even more than River Road is used.

Commissioner Taylor said a challenge would be that Seegmiller Park is near there.

Ken said he will come back and discuss parks and density.


B. Report of ULCT Sept 9-11, 2009

Ray Snyder reported on the Utah League of Cities and Towns meeting that he attended in Salt Lake.

Ray said the theme was Tough Times, Tough Minds. He looked at mixed use developments during the mobile workshop. They walked around sites and talked to developers. Gloria Shakespeare was in this same seminar with Ray.

Good, motivation speakers were at this seminar; especially one from Johns Hopkins.

Ray said people were optimistic even though every city is battling the economy. The value of listening to your people was discussed.

8. MINUTES

Consider approval of the Planning Commission for minutes for July 14, 2009, July 28, 2009, August 11, 2009 and August 25, 2009.

MOTION: Commissioner Burks approved the minutes for July 14, 2009 with a minor correction, July 28, 2009 without any corrections, August 11, 2009 without corrections and August 25, 2009 without corrections. Commissioner Hullinger seconded the motion. All voted aye, motion passes.



MOTION TO ADJOURN: Commissioner Burks made a motion to adjourn. This was seconded by Commission Hullinger. All voted aye, motion passes. The time was 6: 45 p.m.