Planning Commission Minutes

Tuesday, November 23,2010



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
November 23, 2010 5:00 p.m.



PRESENT: Chairman Ron Bracken
Commissioner Kim Campbell
Commissioner Chapin Burks
Commissioner Ross Taylor
Commissioner Ron Read
Commissioner Mike Nobis
Commissioner Julie Hullinger

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

EXCUSED: 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.

FINAL PLAT

Consider a final plat request for Desert Hills Phase 6 amended and extended a twenty-nine (29) residential subdivision plat, located in the Desert Hills development, at the intersection of Price Hills Drive and 540 East Street and also White ridge Drive. Mr. Jeff Johansen is the applicant. Mr. Brandon Anderson, Rosenberg Associates is the representative. Case No. 2010-FP-030

Todd Jacobsen Project Manager said the applicant for this request is Jeff Johansen. He owns Lot 140 and he would like to include the adjacent one acre property zoned OS (Open Space) to his property. Todd read into record the Utah State Law; Section 10-9a-608 Vacating, amending, or altering a subdivision plat. Todd stated that the ordinance for Open Space Zone allows for private recreation ground and facilities as an approved use. However, a single family dwelling is not a permitted use. The amended plat designates an extension of the buildable area of Lot 140 and includes a no structures or fences to be built in this area portion.


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Todd said the purpose of amending this Final Plat of Desert Hills Subdivision Phase 6 is to increase the size of Lot 140. This increase (which is about 1 acre) goes out to the west and is on top of a peninsula. The easement associated with the old lot line is to be abandoned as well. No other changes have been made.

The current subdivision is zoned PD and the Hidden Valley & Fossil Hills PD Plan designates the addition or amended area as Open Space.

The purpose of open space is to provide a neighborhood or community access to an open space resource. Open space is for uses compatible with the protection of natural and scenic resources for the benefit of present and future generations.

If approved, staff recommends that most of the peninsula area remain unfenced. There is a note on the proposed plat that states no structures or fencing to be built in this area.

This land is currently owned by SITLA. SITLA is willing to sell the property to the lot owner of Lot 140, but they are awaiting the approval from Planning Commission and City Council before moving forward with the sale. SITLA does not want to sign the plat prior to city approval, so if approved they will then sell the property to the owner of Lot 140 and then the Final Plat can be recorded.

Todd said the applicant would have to do a zone change.

Deputy City Attorney Paula Houston said it could be a residential use where something could be built such as a gazebo or some type of other structure. She said this could be a problem and has been in the pass. The land use designation is for open space. In the future how many others will come in and make this request? This PD has a lot of open space.

Jeff Johansen spoke on the lease option. He said he would like to purchase the land so the pool could be on permanently owned land.

Commissioner Nobis said why not purchase the area for the pool and lease the other portion of land.

Jeff stated SITLA is pushing him to buy the area.

Deputy City Attorney Paula Houston said the open space is part of the whole subdivision. It is part of the PD and of that subdivision.


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Commissioner Taylor said as open space it does not provide for any buildings.

Deputy City Attorney Paula Houston said it should remain open to the public.

Commissioner Nobis said he would like to go out there and view the area. He said he has reservation about it. One of the things he questions is how this will affect the other neighbors.

Planning Commission will take a field trip. Community Development Coordinator Bob Nicholson suggested to include City Council on the field trip. Field trip was scheduled for next Tuesday, November 30th at 4:00 p.m.

MOTION: Commissioner Hullinger made a motion to recommend approval of a field trip to be scheduled for Tuesday, November 30th at 4:00 p.m. and invite City Council. Commissioner Nobis seconded the motion. All voted aye.

PRELIMINARY PLAT

Consider a preliminary plat request for Firenze subdivision located on 950 South between 2890 and 3000 East. The owner and applicant is PUB-QP LLC. The representative is Bush & Gudgell, Inc. The zoning is R-1-10 (Single family Residential 10,000 square foot minimum lot size). Case No. 2010-PP-011

Ray Snyder Planner II said this is a re-approval of a preliminary plat with changes. The original subdivision was approved to create 54 lots. This new request is to create sixty-four single-family residential lots. The lot sizes will vary from a minimum of 7,005 sq. ft. up to a maximum of 11,995 sq. ft.

Ray went over the zoning ordinance for Section 10-7B-6(G) Lot Size Averaging:

1. This subdivision proposes an alternative to traditional minimum lot sizes. The overall density will remain approximately the same.
2. This project proposes to be 3.15 du/ac which is less than the maximum of 3.2 allowed for the R-1-10 zone and would be permitted.
3. Staff will verify all lot widths during the plan check.
4. There are no developments abutting the lots. To the south was a previously approved R-1-12 subdivision which has since expired.
5. This is a new proposed subdivision.
6. The smaller lots are dispersed throughout the subdivision.
7. There is no public trail on this subdivisions side of 3000 East, but there will be one on the east side. No open space is proposed.

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Jim Raines with B&G said the cross section of the power lines has been modified. There is also master storm water drainage on that road.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a preliminary plat request for Firenze Subdivision located on 950 South between 2890 and 3000 East. Commissioner Taylor seconded the motion. All voted aye.

CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit to establish and operate an auto salvage
yard / storage facility for wrecked or partially dismantled vehicles. The property is located at 477 North Industrial Road. The property is in the M-1 (Industrial) zone. Mr. Bruce Labrum is the applicant. Case No. 2007-CUP-015

Ray Snyder Planner II said this is a request to establish and operate an auto storage yard/storage facility. Wrecked vehicles will arrive and be moved to the backyard. They will await the availability of a dismantling bay inside the building. The bay consists of a vehicle lift to raise the car to remove parts and fluids. Parts will be pulled and stored on racks both inside and outside the building. Weather sensitive parts will be stored inside. Typical dismantling requires two days. After small parts removal vehicles will be moved back outside. Approximately 50 vehicles will typically be stored outside for large parts harvesting such as quarter panels, seating, etc. Unwanted cars are moved to a crush zone. They may be stacked three high (not to exceed 12 feet high). They are to be sold and removed by a steel recycling company. Typically a minimum of 27 cars are required before a pickup will be made. From the front of the building the vehicles and parts shall not be visible because the applicant proposes to install a six foot (6) high solid sight obscuring block wall to screen per ordinance (Section 10-11-4 (A) any outside storage and because parts will also be placed on shelving inside the warehouse.

Total building size is 17,640 square feet; 2,156 sq. ft. is office area and 15,484 sq. ft. is warehouse. There are approximately 15 spaces in the front of the building and approximately 10 spaces on the side and behind the building. Total on-site required parking is 25 total.

With a CUP and mitigating conditions and findings, the use may be permitted. The applicant proposes to screen the property. Most customers would be local automotive repair shops or internet customers to whom parts would be shipped. The general public would not normally come to this facility. The following conditions are recommended;

1. The applicant shall install a six foot (6) high solid block wall to screen all outside storage
from view on Industrial Road. The wall will be approximately 89 lineal feet as indicated on the applicants site plan, excluding a 20 foot electric gate section. The gate if chain link will include slats to further screen storage from view.
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2. The applicant shall meet all requirements of the IBC and relevant fire codes.
3. All welding, torch cutting, and grinding must be conducted outside of the building.
4. The maximum storage height inside of the building shall not exceed ten feet (10).
5. A business license inspection is required prior to occupancy.
6. The applicant shall remove all bushes and debris on the hillside behind the building to
avoid brush fires. Trees may remain.
7. Comply with CUP findings (see below).

Ray explained that opposition was received in the form of e-mails and one office visit. Copies are provided to Planning Commission at this meeting.

Bruce Labrum the applicant said he has viewed the e-mail from the adjacent neighbors. He feels it does not represent how he runs his business. There will be no towing from his company it will be handled by private companies. Regarding the issue of weeds, most of the area is paved and they will remove bushes and debris on hillside. His motive is to make money. He does not obtain cars older than 5 to 10 years old.

Commissioner Taylor inquired about the keeping 50 cars available on site. Will the cars be stacked?

Bruce replied that the cars would only be stacked if they are leaving the facility.

Commissioner Taylor said he had trouble seeing 50 cars in the 200 ft. that is available to him.

Bruce feels there is ample space for them only stacked when no longer usable for parts.

Commissioner Campbell asked about stacking cars 12 ft. high when there is only a 6 ft. wall to screen them.

Bruce said they are not opposed to limiting the stacking to two (2) high approximately 8 ft. high. A car with tires off and body of car pushed in is about 4 ft. high each.

Bruce said the trucks dont come to pick up cars until they have a full load which is typically 27 cars.

Commissioner Campbell asked about the cars dripping excessive oil and gas and the possibility of getting fluids into the storm drain.

Bruce said they will first drain the cars inside the building into approved containers.


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Deputy City Attorney Paula Houston said one condition should be the storm water plan. She also said to staff the ordinance states the storage cannot be higher than the wall.

Bruce said the level of this property in relation to the street elevation is at a considerable higher grade.

Commissioner Nobis asked about the parking in the front of the building.

Bruce said the front will be used for customers and employees only.

Commissioner Taylor said when they typically review this type of use in the neighborhood it is believed it will end up looking like a junk yard dog. How do you maintain a yard so it does not appear as a salvage yard?

Bruce said he has been an owner for 15 years in SLC for this exact type of business. He said the old stereotype salvage yard is going away. He doesnt anticipate keeping cars around. He believes his use fits with that area. This is the next generation of salvage yards, full service, customer hands off, pull part and move quickly.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a conditional use permit to establish and operate an auto salvage yard/storage facility for wrecked or partially dismantled vehicles on the property at 477 North Industrial Road and include staff comments. Commissioner Campbell seconded the motion. All voted aye.

B. Consider a request for a conditional use permit to construct a detached accessory RV
garage that would exceed the fifteen (15) feet height limit for a pitched roof garage. The property is located at 3557 South 1550 West in the Casa Grande subdivision in Bloomington. The applicants are Mr. and Mrs. Jim Gregorin. The zoning is RE-12.5 (Residential Estates 12,500 square foot minimum lot size). Case No. 2010-CUP-016

Ray Snyder Planner II presented this item. He said this request is to construct a residential garage. The height would exceed the allowable building height of fifteen feet. The proposed height of the garage is approximately eighteen feet to the top of the ridge.

Staff recommends the following comments:

1. The garage is being added onto a detached shop that has a roof height of 21 feet. The roof
height of the RV garage (18) will be shorter than the shops roof.
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2. The structure will be located one hundred and forty-five feet (145) from the primary
structure, ten feet (10) from the side yard property line, and five feet (5) from the rear property line.
3. The J.U.C. provided a letter approving the encroachment onto the rear easement. The
applicant was also advised to meet with the Bloomington Architectural Control Committee.
4. The RV garage will match the existing accessory structures exterior finish materials and
colors.

MOTION: Commissioner Taylor made a motion to recommend approval to City Council for a conditional use permit to construct a detached accessory RV garage that would exceed the fifteen (15) feet height limit for a pitched roof garage at 3557 South 1550 West in the Casa Grande and include staff comments. Commissioner Hullinger seconded the motion. All vote aye.

C. Consider a second (2nd) request for an extension of time for an expired conditional use
permit to construct one (1) new four (4) story office building that would exceed thirty-five feet in height. The building would be a professional medical office building with an adjacent underground parking structure. The property is located at 1100 East Tabernacle. The property is in the C-2 (Highway Commercial) zone. Mr. Mark Dickerson is the applicant. Case No. 2008-CUP-015

Ray Snyder Planner II said this is a request for an extension of time for an expired CUP. The applicant would like to have the application approved for a 2-year extension.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval for a second (2nd) request for an extension of time for an expired conditional use
permit to construct one (1) new four (4) story office building that would exceed thirty-five feet in height. The building would be a professional medical office building with an adjacent underground parking structure. The property is located at 1100 East Tabernacle. Commissioner Taylor seconded the motion. All voted aye.

MOTION: Commissioner Nobis made a motion to adjourn. Commissioner Hullinger seconded the motion. All voted aye. Meeting adjourned at 6:34 p.m.