Planning Commission Minutes

Tuesday, October 12,2010



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
October 12, 2010 4:00 p.m.



PRESENT: Chairman Ron Bracken
Council Member Ben Nickle
Commissioner Chapin Burks
Commissioner Kim Campbell
Commissioner Ross Taylor
Commissioner Ron Read
Commissioner Mike Nobis

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Director Bob Nicholson
Planner II Ray Snyder
Planner Craig Harvey
Secretary Linda Brooks

EXCUSED: Commissioner Julie Hullinger
Council Member Ben Nickle



CALL TO ORDER

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

EASEMENT ABANDONMENT / LOT LINE ADJUSTMENT

(NOTE: Both of these items were heard and one motion exist for both)

A. Consider a request to abandon easements and adjust lot lines on Lot 2 of Bloomington
Ranches No. 7. The property is located at 477 West Saratoga Drive. The property is in the R-1-10 (Single Family Residential 10,000 square foot minimum lot size) zone. Mr. Kevin Bundy is the representative.

Project Manager Todd Jacobsen said the purpose for this Easement Abandonment and Lot Merger are so the owners of subject property can build a bigger garage on the west side of the house. By acquiring the unused Equestrian Trail from the Homeowners Association, which they have approved, they will gain the necessary land to meet all setback requirements to build the garage they need.

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Todd said before this meeting started tonight City staff found out that the City owns the trail not the Homeowners Association.

City staff has done a careful review and meets all of the conditions and approvals.

B. Consider a request to abandon easements and adjust lot lines on Lots 70, 71, and 72 of
Riverside Heights Plat G and Lot 20 and 21 of Millcreek Industrial Park. The property is located at 2940 East St at 160 North and 186 North. The property is in the R-1-6 (Single Family Residential 6,000 square foot minimum lot size) and the M-2 (Industrial) zone. Mr. Roger Bundy is the representative. Case No. 2010-LLA-006

Project Manager Todd Jacobsen said the purpose of this Lot Line Adjustment is for the owners to purchase an additional six feet of property for gardening and landscape purposes. The six feet is owned by the City of St. George and there is a future park planned for this site. The Citys Park Department has given their approval for this transaction.

City staff has done a careful review and meets all of the conditions and approvals.

Commissioner Nobis said does this action takes place before the sale or after sale of the additional property.

Deputy City Attorney Paula Houston said this motion would be contingent on the sale of the property.

Commissioner Taylor questioned the other lots such as Lot 74 & 69 not obtaining the additional six feet.

Todd replied there were only three lot owners that brought this request to the City. City staff is trying to work with the other lot owners to see if they want to do the same. So in the future you may see the other lots.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval for Item 1A and 1B subject to the sale of the property. Commissioner Taylor seconded the motion. All voted aye.

LOT SPLITS

A. Consider permission to split a 3.462 acre parcel into two commercial lots for Red
Hills Parkway Commercial Center. The east parcel would be 1.88 acres (81,800 sq. ft.) and the west parcel would be 1.58 acres (69,023 sq. ft.). The property is located at the northwest corner of Red Hills Parkway and Industrial Road. The zoning is C-3
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(General Commercial). The owner and applicant is S & A Equipment Company. Mr. Jeff Reber is the representative and McNeil Group is the engineer. Case No. 2010-LS-007

Planner II Ray Snyder said this request is to split one lot into two commercial lots. Currently the lot is 3.462 acres. The applicant is requesting that the east parcel be 1.88 acres and the west parcel 1.58 acres. Ray said public utility easements are required around each parcel created, which would run along the property lines. If the lot split is approved the applicant shall sign the documents for the granting of easements.

Ray stated that staff recommends the following conditions be applied;

a) Provide separate deeds for each created parcel to be recorded with the County pending City
Council approval and stamped approved by Planning Staff.
b) In addition to the legal descriptions that appear on the Record of Survey the applicant shall provide the city with legal descriptions for each parcel.
c) A utilities and drainage easement shall be completed, notarized, and recorded for each parcel.
d) The applicant shall submit for review all legal documents to the City Attorneys Office.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval to split a 3.462 acre parcel into two commercial lots for Red Hills Parkway Commercial Center subject to staff comments. Commissioner Burks seconded the motion. All voted aye.

B. Consider permission to split an existing lot to create a 0.97 acre parcel for UTRE
Holdings LLC who are the owners of an existing call center. The split is proposed to accommodate parking across the street from a proposed expansion of an existing building. This is Lot 2 of Tonaquint Hills Ph. 1 development on Silicon Circle. The zoning is PD-COM (Planned Development Commercial). Mr. Egor Shulman, manager is the representative. Case No. 2010-LS-008

Planner II Ray Snyder said the reason for this lot split request is to accommodate off-site parking for an existing 10,000 sq. ft. call center building and a new proposed 10,927 sq. ft. adjacent building on the same lot. The construction of the new building will remove some of the existing parking spaces. The parking would be across from Silicon Circle which is a public street and is a short dead end cul-de-sac. Ray said public utility easements are required around each parcel created, which would run along the property lines. If the lot split is approved the applicant shall sign the documents for the granting of easements.



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Ray indicated that the proposed owners would like to obtain approval for the off street parking before they purchase the property so when they are ready for the expansion they will know that they have approval to use off-site parking for the future building addition.

Ray read the letter from the Citys Legal Dept. regarding this lot split and the conditions attached.

Ray stated that staff recommends the following conditions be applied;

a) Provide separate deeds for each created parcel to be recorded with the County pending City
Council approval and stamped approved by Planning Staff.
b) In addition to the legal descriptions that appear on the Record of Survey the applicant shall provide the city with legal descriptions for each parcel.
c) A utilities and drainage easement shall be completed, notarized, and recorded for each parcel.
d) The applicant shall submit for review all legal documents to the City Attorneys Office.

Commissioner Nobis asked about a cross-walk.

Deputy City Attorney Paula Houston said a cross-walk is not allowed in a cul-de-sac.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval permission to split an existing lot to create a 0.97 acre parcel. The split is proposed to accommodate parking across the street from a proposed expansion of an existing building subject to complying with staff and legal counsel comments. Commissioner Burks seconded the motion. All voted aye.

CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit from Desert Canyons, applicant, Mr.
Ken Miller, representative, for permission to expand gravel extraction sites 6, 7, 8, and 9. The total mining and grading area will encompass 237.2 acres. This is a request for the continuation of crushing and extraction operations in the South Block area. The operation involves mobile hauling equipment, along with supportive equipment to the crushing operation that will be moved and reconfigured at various times during the operation. The sites are located in portions of Sections 25, 26, 27, 35, and 36, T43S, R15W, S.L.B. & M. The extraction areas fall within several zoning areas that include; Mining and Grazing, Resort Overlay, OS (Open Space), ASBP (Airport Supporting Business Park), and C-RM (Mixed Use Commercial), and PD (Planned Development), and R-1-10 (Single Family Residential). The General Plan designations are; GC (Golf Course), PK (Park), FP (Flood Plain), OS (Open Space), Resort, AVI (Airport Industrial), and TC (Town Center). Case No. 2010-CUP-011

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Planner II Ray Snyder presented the history on this subject property. Presently they are seeking permission to expand gravel sites 6, 7, 8, and 9 which would include approximately 237.2 acres of identified gravel reserves. Ray said Planning Commission will need to discuss the existing sites 1, 3, and 5 which have been mined to date and are now exhausted. The City will have to be satisfied that adequate mitigation of exhausted sites will occur before expanding to any additional sites. The applicant proposes to operate from 6:00 a.m. to 6:00 p.m. (Monday thru Saturday). The applicant requests some night time operations (6:00 p.m. to 9:00 p.m.).

Special events have occurred which have accelerated the demand for gravel products; the new St George replacement airport, Phase 2 of the Southern Corridor parkway improvements, the new airport access roadway, and other area projects. These projects have exhausted most of the gravel resources identified in the previously approved conditional use permits.

Ray presented aerial photos of the existing sites stating there should be a discussion on how these existing sites should be mitigated.

Desert Canyons is actively engaged in the design of their 2,500 acre Master Planned Community, but due to the current economy no residential or commercial development has been submitted to the City.

The following are suggested conditions, if the Planning Commission recommends approval;

1. The applicant shall pre-water each phase area prior to disturbance.
2. The applicant shall mitigate each phase prior to beginning a new phase.
3. Provide perimeter fencing on the existing sites and proposed expansion sites.
4. Provide a fencing plan (identify wash boundaries) for the total 237.5 acre sites.
5. Provide individual site mitigation plans; the existing gravel pit(s) are to be mitigated (refilled with soil and has compaction certified). This includes a geotechnical report and testing to the satisfaction of the Engineering Department (pad certifications).
6. Re-vegetate acreage of the original CUP and subsequent CUPs; refill or provide an alternate mitigation to prevent airborne dust (from scrapped areas). Note: 10 acres may be used for the mining equipment.
7. A dust control plan shall be submitted.
8. The applicant shall demonstrate mitigation of the high sulfur content in the associated production well (the applicant agreed to a 30 day time line).
9. Any backup water sources shall be coordinated with the City Water Department.
10. A channelization study is required.
11. As applicable; FEMA permits to be obtained.
12. As applicable; Army Corp of Engineers permits are required.
13. Provide a phasing plan.

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14. The truck route shall be as originally approved for Case No. 2004-CUP-014 (see aerial map submittal).
15. The access road shall be 90 degrees and a stop sign installed at 630 East.
16. Provide a more specific plan for controlling dust along conveyors, stock piles, and disturbed areas.
17. Provide a more specific plan for controlling dust during blasting operations.
18. At minimum monthly inspections shall occur by city staff (as required to inspect activities of mining, drilling, blasting, re-vegetation, etc.).

Ray said the City Parks Department went out for an inspection of the site. They dont want any rock formations disturbed.

Project Manager Bill Swenson said since the last CUP in 2007 the applicant had done a great job with the dust controlled out there. Bill mentioned Quality Excavation Fugitive Dust Control Plan which he felt was well done. Bill said they would like to see a mitigation plan for the other sites that were disturbed before moving on to other sites.

Ken Miller with Desert Canyons Development said all the sites that have been disturbed are all in low ridge lines. When they are done they want to make a finished pad that is attractive to buyers. He did create a grading plan and mining plat with this application. When the mining operation is done they will leave a level pad site. They would create a 6-8 inch crust that would be hard enough to warrant off rain and wind for dust. Their real intent is to come back and do development for these sites. It is in their interest to maintain attractive sites. Ken said the truck routes and the water source is very similar to what they have had out there. The primary water source is not the high sulfur content it is their other high volume well. A fencing plan will fence those areas to restrict access. Ken said they will try to stay out of the sensitive areas and maintain the cliff areas. The final grading will not have any vertical cuts.

There was continued discussion on the mitigation on the existing sites.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval a request for a conditional use permit from Desert Canyons Development for permission to expand gravel extraction sites 6, 7, 8, and 9. The total mining and grading area will encompass 237.2 acres to include staff recommendations. Commissioner Read seconded the motion. All voted aye.

B. Consider a request for a conditional use permit from Verizon Wireless, applicant, Ms.
Connie Misket representative, for permission to construct and operate three (3) thirty-eight foot (38) high wireless towers around an existing forty-three foot (43) high water tank (top center). The subject property is located on the hillside behind the Desert Hills residential subdivision within the NW corner of Section 17, T43S, R15W (at
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approximately 3665 S River Rd). The zoning is OS (Open Space) and PD (Planned Development). Case No. 2010-CUP-013

Planner II Ray Snyder said this is a conditional use permit to construct three (3) thirty-eight foot (38) high co-locatable wireless towers in close proximity to an existing City owned water storage tank and to construct a related multiple equipment enclosure(s). He said that the project is called the UT4-Derrick and would consist of constructing three (3) co-locatable wireless towers positioned approximately four feet (4) from the outside surface of an existing City water tank. The water tank at its highest point is forty-three and a half feet (43.5) high. The proposed towers will not extend above the existing height of the tank. From a distance the towers are anticipated to appear as a part of the tank structure. The towers would be placed at 30, 140, and 270 degrees. This is an unmanned communications facility.

On August 5, 2010 the City Council approved a second amendment to SITLA special use lease agreement permit #689 which would allow Verizon to locate these three towers (subject to Legal Department review and approval). The original lease between the City and SITLA did not allow for leasing to a third party.

Ray went on to explain that Planning Commission is required to determine if a monopole shall be permitted within 150 ft. of a residential zone. This site is actually just within an Open Space zone adjacent to a residential zone. The monopole may not exceed 100 ft. maximum, only 38 ft. is requested and will blend in with the existing water tank. The applicant proposes fencing around tower and shelters.

Ray went over the standards for a Conditional Use Permit request.

Connie Misket the representative for Verizon Wireless said they plan to paint the poles a color to match with the water tank.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval for a request to construct and operate three (3) thirty-eight foot (38) high wireless towers around an existing forty-three foot (43) high water tank (top center) from Verizon Wireless. Commissioner Burks seconded the motion. All voted aye.

B. Consider a request for a conditional use permit from Mr. Mike England, applicant, for
permission to construct and operate an ice skating rink to be called Zion Ice. The subject property is located at 3146 East Deseret Drive. The zoning is M-2 (Industrial) and the site is in the Millcreek Industrial Park. Case No. 2010-CUP-014

Planner II Ray Snyder stated this is a request to construct and operate an indoor ice skating rink to be called Zion Ice.
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Ray said the applicant proposes to operate a skating rink with two (2) NHL regulation ice sheets, 2 team meeting / locker rooms, an office, public restrooms, and all necessary mechanical rooms. The lobby will have an admissions desk and Wi-Fi access. The project also includes skate rental and concessions.

The total building area is 53,800 sq. ft. Located on the main floor would be two ice sheets with room for a second future ice sheet.

Ray went over the previous Case No. 2009-CUP-003 (Dixie Igloo), the Planning Commission recommended approval of an ice skating rink with only one rink to the City Council with the following suggested conditions:

1. The site is approved for only one indoor ice skating rink. The applicants shall return at the
time a second ice sheet is proposed for the Planning Commission to review the success of the parking conditions on site.
2. 75 parking spaces have been determined to satisfy the parking requirements.
3. The maximum occupancy shall be limited to 200 participants.
4. The applicant(s) shall obtain a city business license.
5. Existing outside lighting shall comply with dark sky lighting design.
6. Additional outside lighting shall be added to the front of the building and shall also comply
with dark sky lighting design.
7. A SPR (Site Plan review) application shall be submitted for plan checking.
8. Signage shall be under a separate permit.

Planning Commission will have to determine if the site will support two ice rinks, if the available 75 parking spaces are adequate, or if additional spaces may legally be created and will provide adequate on-site parking.

Ray said they will not be able to have spectator games due to the fact there is not enough parking. Ray indicated the applicant is working with the City Traffic Engineer to obtain enough parking for the site.

Mike England the applicant said there are currently 75 parking stalls there. They can re-strip the area and possibly come up with 109 parking stalls.

Ray said staff would like to see a plan of the parking before this goes to City Council to make sure it works.

The number of parking stalls was discussed. They believed they could get 110 parking spaces on the site.


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MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a conditional use permit from Mr. Mike England, applicant, for permission to construct and operate an ice skating rink to be called Zion Ice based on the condition that the applicant will have to have 75 parking spaces to operate one rink and over 110 parking spaces to operate two rinks. Commissioner Campbell seconded the motion. All voted aye.

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

Consider a request for a zone change amendment to the PD-COM (Planned Development Commercial) zone located at 1490 East Circle 1450 South. The purpose of the proposed amendment is to add a convenience store to the list of permitted uses within the development and to review the design and site plan for a proposed 4,000 sq. ft. retail building. The applicant is Shefco Ltd. Case No. 2010-ZCA-010

Planner II Ray Snyder said this is a request to amend the permitted uses to the PD-COM zone at 1490 East Circle 1450 South to include the addition of a convenience store/gas station to the list of permitted uses and to review the design and site plan. This site was previously approved only for a bank. The applicant wants to construct a 4,000 sq. ft. single-story commercial building. The height will not exceed twenty-feet. The building will be situated approximately six inches above the parking area. The building materials will consist of mainly wood and steel structure, synthetic stucco, and cultured stone exterior finishes.

Ray said the applicant proposes a drive-thru with a service window on the west side of the building. The applicant is also proposing six double-sided fueling stations covered by a canopy. The access will be from 1490 East Circle. No driveway is proposed on 1450 South Street.

Dark sky lighting will be installed. There will be 30% of landscaping on the site.

Commissioner Burks asked about the design of the canopy for the fuel stations.

Steven Sheffield the applicant said they will be leasing this parcel for a long period of time. This convenience store fits into the many various concepts. He is also one of the neighbors looking down on this site. He feels they have done a very good job in designing the building.

Sean Glather with JD Architects said there will be color on the roof top of the canopy. It will be a color that is more pleasing to the eye.

Zach Spencer said in regards to the brand of the gas station, they will not go with a specific client. That way they will have more control on the colors of the building.

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Commissioner Campbell asked about the lighting under the canopy.

Sean replied that was discussed in staff so they will bring in a lighting study. It is intended to have a residential feel because of the proximity they are in.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a zone change amendment to the PD-COM (Planned Development Commercial) zone located at 1490 East Circle 1450 South. The purpose of the proposed amendment is to add a convenience store to the list of permitted uses within the development and to review the design and site plan for a proposed 4,000 sq. ft. retail building with the following comments that need to be complied with, the building and canopy lighting is reduced to be in more line with residential lighting and atmosphere specifically canopy lights lens shall not cast any horizontal lights and that canopy finish on all four exposed sides be an earthy color that will blend with the building architecture as demonstrated on the renders and non-glossy. The lighting associated with the store and the canopy is also minimizing in its quantity and brightness in consideration of the neighbors. Commissioner Taylor seconded the motion. All voted aye.

GENERAL PLAN DISCUSSION

A discussion on the proposed Tonaquint Land Use Plan.

Community Development Director Bob Nicholson said this land use plan has been in the works for at least 18 months. They have been working very closely with SITLA. He spoke on the development boundary. Bob said they would like to schedule a public hearing for November 9, 2010. All of this area is outside of the City limits. Within the coming months it will be annexed into the city.

Bob said there is significant expansive soil in the area. Bob went over the key elements for the Tonaquint Area Land Use Plan. Some of the key elements were major rock out-croppings as permanent open space, public trails and trail heads, the Santa Clara River 100-year floodplain, the network of collector and arterial streets, areas for low-density and medium density, and neighborhood parks and a community park.

Bob said how the open space will be managed is still under discussion with SITLA.

Kyle Paisley with SITLA said they dont anticipate a lot of controversy. They have been sensitive to the area when it comes to development.