Planning Commission Agenda

Tuesday, March 9,2010



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
March 9, 2010 5:00 P.M.

PRESENT: Acting Chairman Ron Bracken
Councilman Ben Nickle
Commissioner Kim Campbell
Commissioner Ross Taylor
Commissioner Ron Read
Commissioner Chapin Burks
Commissioner Julie Hullinger

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Director Bob Nicholson
Planner II Ray Snyder
Planner Craig Harvey
Development Services Manager Jay Sandberg
Project Manager Todd Jacobsen
Secretary Gail Williams

ABSENT: Commissioner Mike Nobis


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. FINAL PLATS

A. Consider approval of a road dedication plat for Ft Pierce Area 4 Street Dedication(s). Located in the Ft Pierce Industrial Park on the west side of River Road and north of Commerce Drive at approximately 1040 East and 4100 South & 800 East and 4200 South. L.R. Pope and Associates, representative. The dedication will provide access to SITLA land. Case No. 2010-FP-005.

Todd Jacobsen, Project Manager, presented this request. There were no questions from the Commissioners, so a motion was requested by Acting Chairman Bracken.

MOTION: Commissioner Burks made a motion to approve final plat item #1A. Commissioner Hullinger seconded the motion. All voted aye, motion passes.

B. Consider approval of an amended and extended residential subdivision plat for The Woods at Valley View Amended and Extended. Located east of Valley View Drive and south of the Santa Clara River at approximately 1535 West and 520 South. The property is zoned PD (Planned Development). Rosenberg Associates is the representative. Case No. 2009-FP-027.

Todd Jacobsen, Project Manager, announced that this item has been pulled from the agenda tonight because it was not ready for this meeting.

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

A. Consider a zoning regulation amendment to Title 10 Zoning Regulations, Chapter 1 General Provisions, Section 10-1-14 Annexations, 10-1-14 (A) Classifications to change the provision that all land annexed into the City shall come in as a Mining and Grazing zone rather than R-1-10 (Single Family Residential 10,000 square foot minimum lot size). City of St George applicant. Case No. 2010-ZRA-001.

Craig Harvey, Residential Planner, presented this request. He stated that currently, land annexed into the City is automatically zoned as R-1-10 unless it is pre-zoned differently by the City Council as per section 10-1-14(B) Pre-Zone Authority. Allowing newly annexed land to be automatically zoned as R-1-10 can be problematic because it gives the land owners or developers the automatic zoning to develop their land at 4 units per acre. If the land is annexed as Mining and Grazing, the land owners or developers would be required to go through the zone change process (and/or a General Plan Amendment) before the land can be developed.

Proposed Ordinance: New Language is underlined:

10-1-14: ANNEXATIONS

A. Classification: New Areas annexed into the City shall automatically be classified as being in the Mining and Grazing zone until such classification shall have been changed by an amendment to the zoning ordinance as provided by law.

Commissioner Campbell asked if this gives the public a preconceived idea that this land should be something besides residential.

Craig responded that it still gives the Planning Commission authority to go in and rezone it to something different if they so choose.

Commissioner Taylor asked if there is ever a possibility that they would be annexing something that is already residential.

Craig said that is a possibility and then they would just annex it as the current zoning would be through the county.

Acting Chairman Bracken asked Deputy City Attorney Paula Houston about the wording saying it shall, which means it automatically has to be, Mining and Grazing. Acting Chairman Bracken said if we pass it, then it has to come in as that and they would then apply for something else.

Deputy City Attorney Paula Houston responded that the 2nd paragraph says the same thing: that the Planning Commission shall have the authority to pre-zone. If there is no recommendation, then they have to come in as Mining and Grazing.

Commissioner Read asked if many areas would be included in this and Bob Nicholson, Community Development Director, said Tonaquint Valley area would be one but the ones affected would be very limited.

The hearing was opened to the public at this point.

No one came forward so the public hearing was closed.

MOTION: Commissioner Taylor made a motion to recommend approval for the amendment to the zoning regulation in item 2A. Commissioner Campbell seconded the motion. All voted aye, motion passes.


B. Consider a zoning regulation amendment to Title 10 Zoning Regulations, Chapter 22 Wireless Telecommunications Facilities, Section 10-22-3 Development Master Plan Required to add language that specifically states that approval of a conceptual WMP (Wireless Master Plan) does not vest or grant approval to any specific site. City of St George applicant. Case No. 2010-ZRA-007.

Bob Nicholson, Community Development Director presented this request. He gave some background stating that the first step in having a cell tower site considered by the city is to submit a Master Plan showing proposed approximate cell tower locations and the corresponding service areas. Once the overall site master plan is submitted to and accepted by the Planning Commission, then consideration of individual specific sites can occur. Cell towers can be considered as either a Permitted Use or a Conditional Use depending on their height, zoning district, etc. To avoid an applicant claiming that a particular site is approved (or vested) because the Planning Commission approves the conceptual Master Plan, the City Attorney has recommended that wording be added, as indicated below, that specifically states that approval of the conceptual Master Plan does not vest or grant approval to any specific site. Depending on the specifics of the cell tower request, it may require consideration by the Hillside Review Board, Planning Commission, and City Council under a Conditional Use Permit application process.

Requested Ordinance
Change (10-22-3): See below; new wording is underlined.

10-22-3: DEVELOPMENT MASTER PLAN REQUIRED:
A. Required: A site location development master plan shall be submitted by each company providing wireless services or a landowner in joint application with a wireless company desiring placement of wireless telecommunication facilities. The development master plan shall show the general location of all proposed sites, show the coverage area provided by the location and be submitted and accepted by the Planning Commission prior to the processing of any permits for permitted or conditional use locations. Approval of the wireless telecommunications facilities master plan by the Planning Commission shall not be considered as a vested approval of any general or specific site. The Master Plan is intended to show approximate service areas. The actual location of the facility must comply with all City Ordinances, including the Hillside Development regulations.

Bob asked if there were questions.
Commissioner Campbell asked if there was anyplace in the ordinance that suggests they group these together or work together to share poles, so we dont have multiple companies doing their own thing .
Bob Nicholson responded that the incentive is that co-location on an existing tower is a permitted use. Otherwise, they will need to go through the conditional use process.
Commissioner Taylor said as we go through a conditional use permit, and there is certain criteria that we go through to measure that they comply, could this be made a condition or if there were other poles available in the vicinity, could you deny a conditional use permit on the basis that there is already a tower available?
Deputy City Attorney Paula Houston said we list in our conditions the specific things, but you are looking at the overall impact on the neighborhood and the community. In those specific conditions you could say that it creates a negative impact on aesthetics or other impacts to put in another tower when usage is available on an existing tower.
Commissioner Burks asked if we have had problems with wireless companies coming in to say this has already approved.
Bob Nicholson responded no, we have not had this situation yet; however we do want to prevent this from happening.
The hearing was opened to the public. No one came forward so the hearing was closed.
MOTION: Commissioner Campbell made a motion to approve item 2B. Commissioner Burks seconded the motion. All voted aye, motion passes.

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

Consider a zone change request for Springs Pasture from the A-20 (Agricultural 20 acres minimum) zone to OS (Open Space) zone. The area consists of approximately 13.09 acres. The site is located north of 1450 South Street in the SE of Section 33, T42S, R15W, SLCB&M. Rosenberg Associates is the representative. The applicants are the Springs Estates Equestrian Association. Case No. 2010-ZC-001. (Note: Applicant proposes to create eight (8) parcels A H at approximately one (1) to three (3) acres in size Case No 2010-FP-002 - pending)

Bob Nicholson, Community Development Director presented this request. He stated that the purpose of the zone change request is to accommodate the subdividing of horse pasture property into 8 lots for pasture use only. Most of this is in the floodplain. No residential development is allowed. One condition was that they provide the utility easement and this has been done.

The Open Space zone limits the number of large animals to 4 per acre, unless a Conditional Use Permit is approved for more animals. Bob said there is a condition in the code that they could request more animals. No one in the past has done so.

A subdivision plat (or Record of Survey) will also be submitted if the zone change to Open Space is approved by the City Council.

Bob said that staff recommends approval. A small remnant of A-20 zoning exists and we would like the Planning Commission if they feel comfortable with it, to zone it all OS and not leave the little remnant slice of agricultural zoning.

Ray Stoker, President of the Home Owners Association for Springs Estates, came to the podium. He said the land there are talking about has been there since the subdivision came into existence. The land in this area was given to them for their general usage, however no specific deed went with it and the owners thought they were given a deeded property when they bought their lot. In reality what they have is an exclusive right to use. It has been used as pasture land for the animals and there are two or three barns back there but they do understand that nothing can be built back there. They all understand it is in a flood plain. Ray said they have been working with Rosenberg Associates to resolve how to subdivide this. Ray Stoker stated that there will be no change to the land. The paperwork for the recorded easement has been turned into the City.

Ray Stoker also said that regarding the sliver of land, he is all for it to be zoned OS and he is in agreement that it be taken care of at this time. Everyone is in agreement that it will be used as pastureland.

Commissioner Read clarified that the deeds would flow through to the adjacent property owners and that this is the intent. The response was that was correct.

Commissioner Taylor said his real concern was this area having been under water not too many years ago .He asked if there would be drainage problems or damage to fences or backing up of debris due to the water issue.

Ray Stoker said they already addressed that issue when they had the flood. He personally lost 43 ft. of property from the back and he had 18 inches of sand and sludge that he had to haul off so he could use it as a pasture again. His fence had been buried under water during the last flood. He said the property owners are aware that cleanup and repairs would be their responsibility.

Acting Chairman Bracken opened the hearing to the public. No one came forward so the hearing was closed.

Commissioner Campbell asked if there would be restrictions about building additional barns or corrals.

Bob said there would be a restriction building it in the flood way. He said otherwise there are provisions to allow barns or corrals in the open space zone.

MOTION: Commissioner Hullinger made a motion to approve item # 3. Commissioner Burks seconded it. All voted aye, motion passes.


MOTION TO ADJOUR: Commissioner Taylor made a motion to adjourn. Commissioner Burks seconded the motion. All voted aye, motion passes. The time was 5:38 p.m.