Planning Commission Minutes

Tuesday, January 11,2011

January 11, 2011 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


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


A. Consider a final plat amendment request to modify or remove a note from the plat for
Lakota Ridge Phase 1 Amendment 2, located along Snow Canyon Parkway at approximately 1790 West and 1900 North. Mr. Vince Clayton of Ence Homes is the representative. Case No. 2010-FPA-037

Applicant withdrew item.

B. Consider a final plat request for Anasazi Ridge at Entrada Phase 3 a four (4) lot
residential subdivision located at 2329 North Cohonino Trail. Brown Consulting Engineers are the representatives. Case No. 2010-FP-034

Todd Jacobson Project Manager said this final plat was previously approved by Planning Commission and City Council on May 4, 2006 and May 18, 2006 respectively but was never recorded. It was approved as a 16 lot residential subdivision and because of the economy the owner wants a break up the 16 lots into three or four more phases of the project. This phase,

Phase 3, includes four of those original 16 lots previously approved. The zoning for this project is Planned Development (PD).

MOTION: Commissioner Nobis made a motion to recommend to City Council approval on the final plat for Anasazi Ridge at Entrada Phase 3 and authorize Chairman to sign. Commissioner Campbell seconded the motion. All voted aye.


Consider a request for a conditional use permit to operate a tattoo shop. The property is located at 35 North 700 East in the Sunburst Shopping Center. The applicant is Vamp Body Art, Mr. Adam Roettger representative. The zoning is C-3 (General Commercial). Case No. 2010-CUP-019

Ray Snyder Planner II said this is a request to manage and operate a tattoo shop. The existing commercial site was designed for office, retail, and service commercial type uses. Ray went over the narrative that the applicant presented. He went over the findings for this type of use.

Adam Roettger the applicant spoke on his experience with tattooing. He indicated they will also set up a small retail area to sell his wifes jewelry she makes and paintings as well. Adam expressed that he will not be selling any items that relate to a smoke shop. He said their hours of operation will be Saturday and Monday from 9:00 a.m. till 8:00 p.m. and then Tuesday through Friday from 2:00 p.m. till 8:00 p.m.

Planning Commissioners expressed concerns about noise, such as loud music, loitering, the impact to the adjoining businesses, and how this use will blend in with the neighborhood.

MOTION: Commissioner Taylor made a motion stating he is comfortable with what the presenter has given today however there is still a concern that a change in ownership can be a significant change in appearance of use. He would like to take time and review what might be done legally to give some kind of direction to the applicant as well as the possibility of other person who may operate that kind of use in that area so they can have a little bit of protection for the business owners next door. He does not have any discomfort with what the applicant wants to do but other tattoo parlors have had a negative impact on the area but have still have operated within the broad guidelines of a Conditional Use Permit. Therefore, he would like to table this request until the next meeting so they can have time to see how they might organize the Conditional Use Permit. He would like to request staff look into this matter before the next meeting date. Commissioner Campbell seconded the motion.

The applicant agreed to the item being tabled. All voted aye.


A. Consider a zone change request from PD-RES (Planned Development Residential) to
M-1 (Industrial) located on the east side of River Road, and generally east and north-east of the existing Sunroc block plant at about 3600 South River Road. The purpose of the zone change is to support a proposed expansion of a gypsum and limestone mining operation. The applicant is PCI (Progressive Contracting, Inc.). Case No. 2010-ZCA-013

Ray Snyder Planner II said this request is to rezone PD-RES parcel to M-1. The purpose is to mine gypsum and limestone on 51.95 acres. Access to the site is through the Ft. Pierce Industrial Park. River Road, 3850 South and 1700 East are used for access. Other existing property that is currently M-1 zoned is being mined under a Conditional Use Permit. There will be a request in the future to mine more areas in phases. Ray presented power point slides of the property.

Ray said the applicant has submitted a hillside application. When the hillside application comes you will see what will is proposed to be disturbed and in what phases it will be done.

Staff has the following comments:

1. Because of the size and potential impact of the proposed mining project, staff recommends
the Planning Commission table this request and schedule a site visit for Tuesday January 18th. Staff also recommends that the Planning Commission invite the City Council and Hillside Review Board to attend the site visit.

2. A review of the original Fossil Hills Master Plan should be made by the Planning
Commission before making a determination.

3. The General Plan designates the area as LDR (Low Density Residential) and OS (Open
Space) and the Planning Commission should discuss whether an amendment to the City General Plan is needed. The General Plan shows general land uses and approximate
boundaries, whereas zoning is very property specific. A discussion of the existing General Plan land use areas (IND., OS, & LDR) should occur by the Planning Commission.

4. The area is not in a hillside overlay area but it is in a geological hazard area due to high
gypsum content, and per Section 10-13A-6 A requires a hillside permit. A Hillside review Board meeting will be required to be scheduled.

5. If the zoning is approved to become M-1 then the M-1 zone requires a conditional use permit
(CUP) for such a mining operation. The applicant shall be required to submit and process a CUP.

6. Potential noise impact to nearby residential areas is a valid concern. The Cottages at Fossil
Hills, a townhome development, is located within only 500 feet to 700 feet (per exhibit map scale) of the proposed mining area expansion. Mining related noise could potentially impact this project.

John Wilson representing the applicant stated that the proposed property is owned by SITLA. They will pay a royalty to SITLA which he believes will be used for the schools. Once they are done with mining the property it would be left ready for development. The plan is to finish the site they currently are mining. They will work their way to the north which will take them further away from the Knolls development.

Commissioner Campbell asked about the duration to remove the hillside.

John replied it may be duration of 15 years, it is market driven.

Commissioner Campbell asked about the use of the property after it has been mined.

John said once they start mining they have layers. They will chase the gypsum down and after they fill it back in and take care of the gypsum that is left in it then developable pads for industrial use will be created.

Russ Limb said the hours of operation are regulated by the City and Dixie REA also governs the time. They cant start the machines until 9:30 a.m. They do have their own generators so they can operate some of their own equipment.

Commissioner Campbell asked about the blasting.

Russ replied they try to have an open face blast but there are some places where they will need to surface blast the face. Before they blast they will water down the surface. After the blast they will water the dust down as much as they can.

There were approximately six residents from the Knolls that expressed their concerns with air quality, blasting, dust control, noise, health and safety for the children, and construction traffic.

The extension of time to complete the mining in 15 years was stated to be very discouraging to them.

Bill Swenson Citys Air Quality Coordinator said the City reviews air quality on an annual basis. He went on to say that the State of Utah completes inspection on an unscheduled basis and reviews permit issuance every five years for air quality standards.

Deputy City Attorney Paula Houston asked if there is testing station there and has it been tested for air quality.

Bill replied no, there is no testing station. But as far as the equipment testing none has been completed. Bill said the City has worked with the Health Department. They have completed testing at Little Valley Elementary for six to eight weeks for the last two summers. They see the results as being more compliant than not. Bill stated that the City Air Quality ordinance requires that the industry operation shut down when high winds of 30 MPH or greater are occurring.

Kyle Paisley with SITLA said they seek this zone change for the best use of this property. This item should be tabled at this point and meet on site with Planning Commission and City Council so they can seek some middle ground.

MOTION: Commissioner Nobis made a motion to recommend that this item be tabled and schedule a site visit with Planning Commission and City Council for Tuesday, February 1st at 4:00 p.m. Everyone will meet at the SunRoc parking lot. Commissioner Hullinger seconded the motion. All voted aye.

B. Consider an amendment to the Hidden Valley-Fossil Hills Planned Development zone to
allow the use of 1.033 acres of Open Space adjacent to Lot 140 of Phase 6 in the Desert Hills subdivision for a private garden, extension of the residential backyard with a swimming pool, and a golf chipping green. The applicant is Jeff Johansen. Case No. 2010-ZC-014

Craig Harvey Planner I said this is a zone change request to amend Hidden Valley Fossil Hills Planned Development to allow the applicant to use a 1.033 acre parcel of Open Space adjacent to Lot 140 of Phase 6 in the Desert Hills Subdivision for a private garden, extension of the residential backyard, a swimming pool, and a golf chipping green.

Craig read staff comments into record:

1. The 1.033 acre parcel is currently owned by SITLA and Mr. Johansen has expressed an
interest in purchasing the land. SITLA is willing to sell the property to the applicant;
however the applicant must first obtain approval from the Planning Commission and the City Council for both the Zone Change and a final plat amendment prior to the sale proceeding forward.

2. The purpose of the zone change amendment is to allow Mr. Johansen to use the 1.033 acre of
open space for the reasons listed in the request. This zone change amendment will only apply to this 1.033 acre parcel. If other property owners wish to purchase land from SITLA, then they would be required to go through the same process as this applicant, by amending the PD zone and amending the subdivision plat.

3. Staff recommends the following options for the Planning Commission to consider:

Option 1

1) Approve the Zone Change with the following conditions:

The zone change amendment shall be restricted to the 1.033
acre parcel as described in the legal description on the

The open space uses shall be amended to allow the
following uses for the 1.033 acre parcel adjacent to Lot 140
Phase 6, Desert Hills subdivision: Private garden, extension
of the residential backyard, a swimming pool, and a golf
chipping green.

Staff recommends that most of the peninsula area remain
unfenced and that there shall be a note attached to the
proposed final plat amendment to state such.

Option 2

Recommend no change and leave the zone as is (recommend denial)

Craig said the applicant has to complete a zone change and plat amendment before the sale can be final from SITLA.

Commissioner Nobis said his concern is the amount of property - the question is where is the end of his backyard.

Commissioner Taylor said he would be willing to accept the whole piece because SITLA does not want to sell him a smaller portion.

Commissioner Campbell feels it should remain open space and not used by one owner.

Jeff Johansen the applicant said he proposed to SITLA to buy only half of the area but SITLA indicated the price would be the same for the whole area in question.

Bob Nicholson said the designation of the property will remain open space which will limit the uses.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval of the orange area (50 x 70 which is approximately 3,500 sq. ft.) and not the pink area (the remaining 40,000 sq. ft.) Commissioner Campbell seconded the motion.

Comments on Motion
Applicant said he will walk away from the land if he could only receive the orange area.

Craig said they could limit the use of the entire area.

Commissioner Campbell voted aye Commissioner Read voted nay
Commissioner Taylor voted nay Commissioner Nobis voted aye
Chairman Bracken voted nay Commissioner Burks voted nay
Commissioner Hullinger voted nay Motion does not pass 5 nays and 2 ayes

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of Option 1 by the staff comments and approve the zone change. Commissioner Hullinger seconded the motion.

Commissioner Campbell voted nay Commissioner Read voted aye
Commissioner Taylor voted aye Commissioner Nobis voted nay
Chairman Bracken voted aye Commissioner Burks voted aye
Commissioner Hullinger voted aye Motion passes 5 ayes and 2 nays


MOTION: Commissioner Burks made a motion to adjourn the meeting. Commissioner Nobis seconded the motion. All voted aye. Meeting adjourned at 7:00 p.m.