Planning Commission

Tuesday, June 8,2010
Minutes



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
June 8, 2010 4:00 p.m.



PRESENT: Chairman Ron Bracken
Councilman Ben Nickle
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
Secretary Linda Brooks

EXCUSED: Commissioner Kim Campbell
Commissioner Mike Nobis


CALL TO ORDER

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

PRELIMINARY PLAT

Consider a preliminary plat request for U.S. Bank a commercial subdivision plat, located at 60 South 100 East (downtown). Zoned C-4 (Central Business District Commercial). Mr. Clay Tolbert is the representative. Case No. 2010-PP-007

Development Services Manager Jay Sandberg said the applicant for U.S. Bank has requested that the preliminary plat and final plat be tabled.

No action or motion needed to be taken due to the applicant making the request.

FINAL PLATS

A. Consider a final plat request for U.S. Bank a commercial subdivision plat,
located at 60 South 100 East (downtown). Zoned C-4 (Central Business District Commercial). Mr. Clay Tolbert is the representative. Case No. 2010-FP-010
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Development Services Manager Jay Sandberg said the applicant for U.S. Bank has requested that the preliminary plat and final plat be tabled.

No action or motion needed to be taken due to the applicant making the request.

B. Consider approval of a final plat for Library Cove. Located downtown at 154
& 174 South Street and 100 West in the RCC (Residential Central City) zone. Mr. Ken Hamblin, Leslie & Associates, representative. Case No. 2008-FP-048

Project Manager Todd Jacobson this property is located at 154 and 174 South and 100 West the zoning is RCC. This final plat is ready for Planning Commissions approval.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a final plat for Library Cove located at 154 & 174 South Street and 100 West. Commissioner Burks seconded the motion. All voted aye.

ROAD VACATION

Consider approval of a roadway vacation for a portion of Dixie Drive. Located at 430 West Dixie Drive (north side of Dixie Drive across from Tonaquint Drive). The City of St George is the applicant and Mr. Larry Bundy is the representative. Case No. 2010-RVAC-001

Project Manager Todd Jacobson said this is to vacate a portion of Dixie Drive. The purpose of this Roadway Vacation is to prepare the area for the re-alignment of Dixie Drive.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a roadway vacation for a portion of Dixie Drive on the north side of Dixie Drive across from Tonaquint Drive. Commissioner Hullinger seconded the motion. All voted aye.

HILLSIDE PERMIT

Consider a request for a hillside development permit for a proposed two track access road to wireless site #1 and to a future water tank(s) site in the vicinity of Little Black Mountain located at the Arizona / Utah border. Mr. Curt Gordon is the representative, and Desert Canyons Development is the applicant. The property is zoned PD-RES and R-1-10. Hillside Permit Case No. 2010-HS-005


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Planner II Ray Snyder stated this is a request to obtain approval to construct an access roadway to a proposed wireless site located on the Desert Canyons property. The site is located in the vicinity of Little Black Mountain located at the Arizona/Utah border. The actual pad site is less than 20% slope and not subject to hillside approval, but the access roadway is routed through approximately 600 lineal feet of areas with slopes steeper than 20% and vertical cuts greater than four feet, thus a hillside permit is required. A future water tank will also be accessed by the roadway. The property is zoned PD-RES and R-1-10. The roadway will have erosion protection consisting of drainage ditches and culverts.

Ray said the unimproved roadway two track road; will be accessible off of the Southern Parkway. The existing service road will be extended approximately 2,000 feet to the proposed wireless site which is situated on a knoll part way up the north aspect of Little Black Mountain.

The Hillside Review Board met on site on Wednesday, May 19th. They recommend approval (4:0) of the roadway with conditions;

1. Approval is per presentation and packet reviewed on site by the Hillside Review
Board on May 19, 2010.
2. The applicant shall comply with the hillside roadway access plan as detailed in the
April 28, 2010 letter.
3. The applicant shall follow the recommendations of the conceptual drainage letter dated May 4, 2010.
4. The applicant shall follow the recommendations of the Preliminary Geotechnical Analysis/Technical memorandum dated April 29, 2010.
5. Minimize any scarring
6. The roadway shall be earthen with aggregate rock laid down on it.
7. The roadway shall be armored with native rock from the site.
8. The road shall slope in towards the hillside to minimize visibility. The applicant shall demonstrate efforts to hide and make the area appear as natural as possible.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a hillside development permit for a proposed two track access road to wireless site #1 and to a future water tank(s) site in the vicinity of Little Black Mountain located at the Arizona / Utah border. Commissioner Taylor seconded the motion. All voted aye.




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CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit to construct a 100 foot monopole
telecommunications tower with associated equipment shelter(s). The applicant is Desert Canyons Development, Mr. Curt Gordon is the representative, and Verizon Wireless would be one of the carriers. The property is located on the Desert Canyons property which is in the south part of the city of St George between the Replacement Airport and the Arizona border. It is approximately 2.5 miles south of the Replacement Airport terminal and is one acre in size situated on a knoll part way up the north aspect of Little Black Mountain. The zoning is PD-8 and R-1-10 residential. Case No. 2010-CUP-004

Planner II Ray Snyder stated this is a conditional use permit request to construct a one hundred foot (100) high monopole telecommunications tower and related multiple equipment enclosure. This will be an unmanned communications facility. The Site #1 is approximately 2.5 miles south of the Replacement Airport terminal. Site #1 will be approximately one acre in size.

Ray said a monopole in a residential zone is not listed as a permitted use and thus requires a Conditional Use Permit. The Planning Commission is required to determine if a monopole shall be permitted

Commissioner Burks questioned the height of the pole?

Curt Gordon the representative of the project stated the reason for the 100 ft tower has to do with the line of site. He said they can put 5 locations on one tower. The tower is made out of galvanized steel.

Chairman Bracken asked about the color of the pole.

Curt replied the color is dark gray due to the texture of the galvanized steel tower.

MOTION: Commissioner Burks made a motion to recommend to City Council approval for a conditional use permit to construct a 100 foot monopole
telecommunications tower with associated equipment shelter(s). Commissioner Taylor seconded the motion. All voted aye.

B. Consider a request for a conditional use permit to construct a detached accessory garage that would exceed the fifteen (15) feet height limit for a pitched roof garage. The property is located at 1297 West Baneberry in the Winegar subdivision. The applicants are Mr. and Mrs. Shawn Powell.
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The zoning is R-1-10 (Single Family Residential 10,000 square foot minimum). Case No. 2010-CUP-003 (Note: This item was tabled at the last PC of May 25, 2010)

Planner Craig Harvey stated that this request was heard at the last Planning Commission meeting on May 25, 2010. The applicant, Mr. Powell, is making this application due to a Code Enforcement action by the City. The applicant will be required to obtain a building permit if this Conditional Use Permit is approved.

Craig said the structure is located on the east side of the property fifteen feet (15) from the primary structure, nineteen feet (19) from the side yard property line, twenty-four feet (24) from the rear property line, and thirty-four (34) feet from the front property line. Staff recommends that the applicant applies some type of color treatment to the structure that will help it to blend in more effectively.

Gordon Eyre, a neighbor of the applicant spoke on his behalf. He feels Mr. Powell has met the legal requirements. He spoke on the cutting of the curb. The Citys Encroachment Officer came out and they had no problem with the curb being cut. He feels the building meets the building requirements.

Chairman Bracken asked if there was cement on the floor.

The applicant responded that the floor is gravel.

Chairman Bracken asked if that was legal.

Deputy City Attorney Paula Houston said she does not know for sure. But if the CUP is approved then they would have to go through the process of obtaining a building permit and they will be able to make that determination.

MOTION: Commissioner Taylor made a motion to recommend approval to City Council for a conditional use permit to construct a detached accessory garage that would exceed the fifteen (15) feet height limit for a pitched roof garage. The approval height will be 20 to the top of the roof peak. The property is located at 1297 West Baneberry Drive. Commissioner Burks seconded the motion. All voted aye.

C. Consider a request for a conditional use permit to construct a professional three
story office building with a basement that would exceed thirty-five feet (35) in height. The building would be called the Washington County Attorneys Office. The proposed maximum height to the top of the ridge for this building

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would be forty-nine feet six inches (49-6) and the midpoint roof height would be approximately forty-five feet three inches (45-3). The subject property is located at the northwest corner of the intersection of 100 West and Tabernacle Street. The zoning is C-4 (Central Business District). Case No. 2010-CUP-006

Planner II Ray Snyder said this request is to obtain permission to construct a three-story building with a storage basement that would exceed thirty-five feet in height. This would be a single phased development. The proposed building height would be forty-five feet three inches (45-3) at the roof midpoint, the top ridge would be forty-nine feet six inches (49-6) and the eave would be forty-one feet (41). In comparison, the neighboring 5th District Courthouse maximum roof height is sixty-four feet six inches (64-5) and its midpoint roof height is fifty-seven feet and nine inches (57-9). Ray stated the office use on the 3 floors total at 21,600 sq. ft. which would require 87 parking spaces. The basement will be used for storage and is 3,280 sq. ft. which would require 4 spaces for parking. A note shall be placed on the approved site plan and the building permit that the basement shall only be used for storage and no future offices shall be installed due to deficient parking.

Deputy City Attorney Paula Houston feels that the storage basement would be turned into office space in the future. It is best that Planning Commission look at this as potential office space and deal with the extra parking spaces now instead of in the future. She referred to Section 10-19-5 in the last paragraph that says not withstanding the provisions listed, the Planning Commission can recommend the number of spaces it deems reasonably necessary for the use.

Jeff Mathis from MRW Design Associates the building will have natural sandstone and brick.

Cliff Dunn has a building on the south side of the corner and is asking about the setback being within 15 ft. next to his building.

Ed Sandstrom has property to the east of this parcel. He would like to know where the entrance is located and see if the building could be setback further from the sidewalk.

Ray read into record in Section 10-10-4 the setback requirements for a C-4 zone. There are no setback requirements. The setback requirement reads 0-10 feet on all sides of the building.

Jeff Mathis said the building sets on a 45 degree angle. Half fronts the street and half the parking lot. On north side of the building there is some landscaping strip.

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MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a conditional use permit to construct a professional three-story office building with a basement that would exceed thirty-five feet (35) in height. The building would be called the Washington County Attorneys Office. and set the parking requirements at 90 parking spaces. Commissioner Burks seconded the motion. All voted aye.

ZONE CHANGE REQUESTS PUBLIC HEARINGS (5:00 P.M.)

A. Consider a zone change request for The Commons at Little Valley from RE-20
(Residential Estates 20,000 square foot minimum lot size) to PD-RES (Planned Development Residential) zone. The area consists of approximately 12.58 acres. The site is located on 3000 South (Horsemans Park Road) and Little Valley Road. Bush & Gudgell is the representative. Case No. 2010-ZC-002

Community Development Director Bob Nicholson presented the public hearing for The Commons at Little Valley. The request is to rezone RE-20 to PD-RES. This rezone request came before the Planning Commission on March 23, 2010 and after that the City Council heard a request to purchase the 2 acre parcel which was originally part of the rezone request. The City Council declined to sell the 2 acre City property and the City Legal Dept. has said the revised plan without the 2 acres should be re-considered by the Planning Commission.

The City has adopted a density overlay zone and all of Little Valley is in the overlay zone. Density factors would be as follows:

A minimum of 15% of the developable area must be set aside for parks, trails, or other open space in order to achieve a 25% density increase over the base of 2 du/acre. The applicant states that 2.99 acres (21% of the site) has been provided for this purpose.
The developer must improve the private park areas to achieve an additional 25% bonus increase. The applicant plans to make all the improvements to the private park areas.
Additional enhancements. The applicant will dedicate and improve to City standards a 10 wide public trail that runs along Horseman Park Drive (3000 South). This area is in addition to the 21% land area provided for park and courtyard amenities.

The other requirements are the same as it was before. There are 12 units less than there was when you viewed this last time. The applicant will have to demonstrate that the project and dwellings have superior design. Project would require an HOA. They

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propose to have a community garden and a private park. All will be maintained by the HOA. The development would have public streets and private alleys. Bob presented pictures from Daybreak in SLC. The homes on the south side of the project would have garages to the rear of the property. There are 32 guest parking spaces distributed in different parts of the project. They will need to have a development agreement in place if this is approved.

John Fleming with Bonneville Builders spoke on the urban growth through the past 25 years. Today they need to discuss if the General Plan is appropriate for this area. He states in 2006 they were asked by City Council to come back with a more compact design. He said they have reduced their project to 6 units per acre. He presented an animation for the new community they are proposing. He stated they are talking about residential and not agricultural. This is not about politics this is about good planning.

Chairman Bracken commented that any developer would have to go up to 6 units per acre otherwise this does not work out economically. So it needs to be looked at if they are going to go with this type of development in this area or the General Plan will need to be redone. Chairman Bracken asked the public to limit their comments and to present new comments that have not been heard in previous public meetings.

Jim McArther said he has 697 ft. of property adjacent to this property. He indicated he just spoke to the contractor of this property and he said the road they are stubbing on this project ends on his property. Does that mean the City will allow them to put that road through his property in the future?

Chairman Bracken replied that there was no need for that road to go through there.

Jim asked if they would be taking any of his property for this road.

Chairman Bracken stated that they will not be taking any of his property.

Jim asked if that would be in the minutes for the record. Jim wanted to make sure he understood that he still had the same rights on his property when it came to live stock and his corrals. He asked if he was to build any new corrals would he still be able to do so.

Chairman Bracken said he would under the way the ordinance was written today.

Paul Iverson said that it was discussed before that they cannot build any new corrals unless they were 50 ft. away from the residential zoning. He called the City Traffic


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Engineer and asked what they had for studies on Little Valley Road. Paul read the statistics he was given by the City Traffic Engineer. He asked if these numbers included the airport traffic since Little Valley Road will be a road that will be used to get to the new airport. The City Traffic Engineer believed that the numbers he quoted were including the traffic for the new airport. The study was done in 2008. He would like to see the road issues taken care of before this project is completed. He asked them to deny this request.

Paul Gooch said if they are going to invoke Vision Dixie every time they talk about density out there then they have to remember that one of the statements from Vision Dixie is to preserve agricultural areas and space in Washington County. Mr. Gooch said the schools and parks are already over utilized. The people who live out there are totally against this type of project. He urges the Planning Commission to consider what the Little Valley residents feel on this project.

A resident in Little Valley said the real issue here is whether the master plan is appropriate. There is not one person in Little Valley that supports the approved master plan. She e-mailed the council and mayor with her desire to maintain the agricultural life style. Some e-mailed back to her including the mayor of their support to maintain the life style out there. She asked that the Planning Commission not accept this proposal.

A resident in Little Valley spoke on the parking. The size of vehicles and large families will need more parking spaces. She would like to see it go back to 2 units per acre.

Closed public hearing 6:20 p.m.

Jim Raines with Bush & Gudgell said that RV storage will be limited and not allowed under the CC&Rs. The discussion should be the proposed plan and he has not heard anyone say that this is a bad plan. John Fleming has been at this since 2006. The day the airport was approved along with the Southern Block then it changed the use of the land from Agricultural. Day Break is surrounded by agricultural. John Fleming has done a good job and he has followed Citys direction.

Chairman Bracken said Planning Commission would have to look to see if this project matches the General Plan.

Council Member Nickle felt like the General Plan needs to be redone.




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Deputy City Attorney Paula Houston said this is a legislative act where you have the right to determine if it is appropriate or not. Given all the circumstances, the compatibility with the neighborhood, all of those issues can be taken into consideration. On a legislative act you dont have to enter findings on why you are ruling the way you are because you have the right to make that determination.

Commissioner Burks stated he will make a motion, but he will vote against the motion.

MOTION: Commissioner Burks made a motion that the General Plan should be adhered to, and this request complies with the General Plan and to approve the zone change. Commissioner Read seconded the motion.

Commissioner Burks voted nay Commissioner Taylor voted nay
Commissioner Read voted aye Chairman Bracken voted aye
Commissioner Hullinger voted nay Motion does not pass 3 nays & 2 ayes.

B. Consider a zone change request to amend the Planned Development zone of the
Emerald Ridge subdivision to allow the addition of a building lot in an unused portion of the development. The zoning is PD-RES (Planned Development Residential). The proposed area that will contain the building lot is approximately 0.27 acres located within Emerald ridge subdivision, adjacent to the Estrella subdivision. Case No. 2010-ZC-007

Craig Harvey presented this item. The purpose of the zone change request is to accommodate an additional building lot next to Lot 26. The address is 1806 North Dixie Downs Road. Location is a vacant lot in the Southeast corner of the Emerald Ridge Development. Staff has some comments:

1) The applicant amends the final plat of the Emerald Ridge subdivision.
2) That the remaining area be landscaped and maintained as open space or a small amenity area.

Commissioner Taylor asked why they dont claim the whole parcel so they dont have to maintain a portion of the lot as open space.

MOTION: Commissioner Taylor made a motion to recommend to City Council a zone change request to amend the Planned Development zone of the Emerald Ridge subdivision to allow the addition of a building lot in an unused portion of the development. Commissioner Hullinger seconded the motion. All voted aye.


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Meeting adjourned with the following motion:

Commissioner Burks made a motion for the meeting to adjourn at 6:30 p.m. Commissioner Taylor seconded the motion. All voted aye.