Planning Commission Minutes

Tuesday, December 13,2011



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
December 13, 2011 4:00 p.m.



PRESENT: Chairman Ron Bracken
Commissioner Julie Hullinger
Commissioner Kim Campbell
Commissioner Ron Read (arrived at 5:00 p.m.)
Commissioner Ross Taylor
Commissioner Ro Wilkinson
Commissioner Nathan Fisher

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Coordinator Bob Nicholson
Development Services Manager Wes Jenkins
Planner II Ray Snyder
Planner I Craig Harvey
Administrative Professional Linda Brooks

EXCUSED: Council Member Ben Nickle


CALL TO ORDER

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

CONDITIONAL USE PERMITS

A. Consider a request for an amended conditional use permit (CUP) to allow the
construction and operation of an electrical substation in the vicinity of the Port of Entry. The property is located east and south of the Port of Entry on the east side of the freeway (Utah entrance) and is within Section 26, T43S, R16W, SLBM. Case No. 2011-CUP-014

Per applicants request item was tabled.

B. Consider a request for a conditional use permit (CUP) to allow an in-door shooting
range in the M-1 (Industrial) zone. Per Section 10-11-2 a recreational enterprise requires a CUP. The property is located at 610 N Industrial Road in the Old Industrial Park. Case No. 2011-CUP-015



Ray Snyder Planner II presented this request from the applicant to construct and open a five (5) lane, indoor, fire shooting range and simulated non-live tactical training range. This location would house a full service gunsmith shop and service department, a training department, and a small retail store. The proposed location is zoned M-1 and is 1.04 acres. The hours of operation would be as early as 7:00 a.m. to as late as 9:00 p.m. depending on training schedules and demand. Ray went over the parking ratios. The applicant is required to have 23.4 parking spaces; he is showing 31 spaces on his site plan.

Ray said they are proposing to provide approximately 2,267 sq. ft. of landscaping. This will be verified during the Site Plan Review process. Ray indicated there are specific conditions in the Commercial Zones, for indoor shooting ranges. Staff recommends that Planning Commission consider using the same conditions for this Conditional Use Permit request.

Mr. Colby Seegmiller the applicant spoke on the project they have been working on for the past two years. This location is on the main road of the Industrial Park area and he feels it would be a great location. He spoke on the building materials used to reduce the sound within the building. He knows that there should be no sound heard in reference to the existing mobile home.

Commissioner Campbell asked about the hours of operation.

Mr. Seegmiller said on the report it is listed to be 7:00 a.m. to 9:00 p.m. But they will probably be around 9:00 a.m. until 9:00 p.m. till 10:00 p.m. A lot of that will depend upon the demand that they will have from the cliental.

Commissioner Wilkinson asked about the age group.

Mr. Seegmiller said if they are under the age of 18 years then they will have to have an adult with them. He mentioned they will have scouting groups come through to work on their merit badge but they will have their scout leaders with them.

Commissioner Taylor asked if this shooting range would include shot gun and clay targets.

Mr. Seegmiller replied a shot gun will be allowed but not clay targets.

Commissioner Taylor said are your plans to add onto the building.

Mr. Seegmiller said that is their plans. They will have 5 lanes for the first phase and then add more lanes. He believes that with parking calculations they will be able to have 13 lanes in the future.

Commissioner Fisher questioned if he intended to go up to 13 lanes will he have enough parking to justify that amount of lanes.



Mr. Seegmiller said he will go through the building department when that time comes and see if he can meet the requirements for 13 lanes.

Deputy City Attorney Paula Houston said tonight you are only asking for 5 lanes.

He replied that is correct.

Deputy City Attorney Paula Houston said they would have to come back to modify their CUP to ask for the expansion of lanes. This is when they would come back to look at their parking requirements.

MOTION: Commissioner Wilkinson made a motion to recommend to City Council approval for a conditional use permit (CUP) to allow an in-door shooting range in the M-1 (Industrial) zone as stated to construct and open a five lane, indoor, live shooting range subject to conditions listed in staff report. If the applicant wants to add anything extra that has not been approved today then they will need to come back with a revised conditional use permit to be heard by Planning Commission and City Council. Commissioner Hullinger seconded the motion.

DISCUSSION ON MOTION
Deputy City Attorney Paula Houston asked for clarification on the hours of operation. It states in the staff report from 7:00 a.m. to 9:00 p.m. but on the third page of the request it states the applicant said 6:00 a.m. to 10:00 p.m. When the applicant was talking he stated they may operate until 10:00 p.m. Those hours needs to be clarified as well.

Commissioner Wilkinson added to the motion that hours of operation would be 6:00 a.m. to 10:00 p.m. Commissioner Hullinger seconded the motion. All voted aye.

C. Consider a request for a conditional use permit (CUP) to establish a 3,450 sq. ft.
restaurant in an existing building with non-conforming parking in the Historic District (within Ancestors Square). Section 10-19-1 provides a provision for restaurant with non-conforming parking within the Historic District if a CUP is approved. The property is located at the corner of Main Street and St George Blvd (former Twiggs & Moore Art Gallery). Case No. 2011-CUP-016

Bob Nicholson Community Development Coordinator said this is a request to establish a 3,450 sq. ft. restaurant in an existing building with non-conforming parking in the Historic District. Bob pointed out that the parking section of the zoning code provides a special provision for utilizing existing buildings for restaurant use. In Section 10-19-1 states that subject to approval of a conditional use permit (CUP), an existing building within the historic district may be changed to a restaurant use even though the number of off street parking spaces is nonconforming. The assumption behind this special provision is that in the core downtown area there are parking lots available during the evening hours (peak time for restaurants) that can accommodate the parking demand. The parking lots include the 469-space downtown parking structure where all spaces are available to the public after normal business hours, the Post Office, Zions Bank, city lot on the SW corner of Main Street and St George Blvd, and similar smaller lots. The city has previously approved three restaurants in the historic district which had similar nonconforming parking situations. The Planning Commission and City Councils task is to evaluate each request to determine if parking in the vicinity is adequate to accommodate the parking demand. Bob said per City Zoning Ordinance, restaurants and other establishments where food or beverages are consumed require a parking ratio of 1:100 (one parking space per 100 gross square feet). This location is deficient for parking. Some of the Ancestor Square retail and office businesses are closed during the evening hours when the restaurants have their peak hours, so the restaurants can benefit some from this off-peak sharing of spaces.

Commissioner Wilkinson asked about the hours of operation.

Bob said the applicant will answer.

Commissioner Taylor asked if there was this many restaurants in this one area at one time.

Bob said reading from the applicants narrative that Ancestor Square at one time supported seven restaurants. Currently it has four restaurants.

Commissioner Fisher said is there anything that could be done for people crossing Main Street to access the restaurant.

Bob said maybe signage and education.

Commissioner Wilkinson is concerned about parking spaces being taken away from other businesses that are there.

Nicci Richards the applicant stated that her and her husband owns and operate the Painted Pony Restaurant. She has a lot of passion for downtown area. They have been looking for a space for the past four years. They feel they would be able to make a good aesthetic look for the downtown area. They want to create a place that represents St. George. She feels downtown should be our dining hub. They want to be open during breakfast, lunch and dinner.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval for a request for a conditional use permit (CUP) to establish a 3,450 sq. ft. restaurant in an existing building with non-conforming parking in the Historic District (within Ancestors Square) subject to conditions listed in staff report. Commissioner Taylor. All voted aye.

PRELIMINARY PLATS

A. Consider a preliminary plat request for Sycamore Lane Phase 1 to create a fourteen
(14) lot residential subdivision. The applicant is KDQD LLC, the representatives are Mr. Stacy Young and Mr. Ken Miller. The property is zoned RE-12.5 (Rural Estate
12,500 sq. ft. minimum lot size) and is located on the east side of Little Valley Road and south of Sun Valley Estates Phase 5. Case No. 2011-PP-014

Wes Jenkins Development Services Manager said this is a request to approve a 14 lot residential subdivision on 7.105 acres. Wes stated the applicants have changed the name of the subdivision to Sycamore Grove Subdivision. Wes read off staff comments;

1. A portion of the existing Banded Hills Drive will have to be abandoned and the roadway
realigned.
2. There is a deed restriction on this subdivision which allows a maximum density of 2 units per
acre.
3. The lots that back onto Little Valley Road will require a 6-foot high privacy wall because
they are double fronting lots.
4. A trail and landscaping will be required along Little Valley Road. Each property owner that
abuts Little Valley Road will be required to maintain the landscaping along Little Valley Road that is along their property.
5. The interior roadways are using the alternate cross-section which has 4-foot planter areas
between the back of curb and the sidewalk.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a preliminary plat request for Sycamore Lane Phase 1 to create a fourteen (14) lot residential subdivision located on the east side of Little Valley Road and south of Sun Valley Estates Phase 5 subject to staff comments. Commissioner Campbell seconded the motion. All voted aye.

B. Consider a preliminary plat request for Sun Valley Phase 7 to create a twelve (12) lot
residential subdivision. The applicant is Desert Canyons Development, the representatives are Mr. Stacy Young and Mr. Ken Miller. The property is zoned RE-12.5 (Rural Estate 12,500 square foot minimum lot size) and is located in the NW of Section 15, T43S, R15W, SLBM. Case No. 2011-PP-018

Wes Jenkins Development Services Manager said this is a request to approve a 12 lot residential subdivision on 5.41 acres. Wes said the developer will be using the alternate road cross-section on this subdivision which provides a 4-foot landscape strip between the back of curb and the sidewalk.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a preliminary plat request for Sun Valley Phase 7 to create a twelve (12) lot residential subdivision. Commissioner Fisher seconded the motion. All voted aye.

C. Consider a preliminary plat request for Firenze to create a thirteen (13) lot single
family residential subdivision. The applicant is Quality Development, the representatives are Mr. Stacy Young and Mr. Ken Miller, and the engineer is Bush & Gudgell. The property is zoned R-1-10 (Single Family Residential 10,000 square foot minimum lot size) and is located in Section 34, T42S, R15W, SLBM. Case No. 2011-PP-015

Per applicants request item was pulled from the agenda.

D. Consider a preliminary plat request for Royal Pines Phase 1 to create a nine (9) lot
residential subdivision. The applicant is Quality Development, the representative is Mr. Stacy Young, and the engineer is Bush & Gudgell. The property is zoned R-1-12 (Single Family Residential 12,000 square foot minimum lot size) and is located in Section 34, T42S, R15W, SLBM. Case No. 2011-PP-016

Per applicants request item was pulled from the agenda.

E. Consider a preliminary plat request for Valderra Drive (subdivision) to create a ten
(10) lot residential subdivision. The applicant is Valderra Development, the representative is Mr. Alan Wright, and the engineer is Mr. Paul Blackmore, Blackmore Engineering. The property is zoned PD-RES (Planned Development Residential) and is located in the NE and the SE of Section 27, T41S, R16W, SLBM. Case No. 2011-PP-017

Wes Jenkins Development Services Manager said this is a request to approve a 10 lot residential subdivision on 4.89 acres. Wes read staff comments into the record;

1. This plat was originally approved by Planning Commission on May 10, 2011. The plat
originally consisted of 18 duplex and triplex units that were to be short term rentals.
2. There is an existing 25-foot utility easement. The water line that was originally in this
easement has been relocated. The existing sewer line is not located in the easement. A new 25-foot sewer line easement will have to be recorded over the existing sewer line to match its alignment.
3. A temporary turn-around will be required at the end of the roadway.
4. The roadway that provides access to these lots will be a private roadway.
5. The lot sizes range from 22,075 sq. ft. or 0.51 acres to 10,960 sq. ft. or 0.25 acres.

MOTION: Commissioner Fisher made a motion to recommend to City Council approval for a preliminary plat request for Valderra Drive (subdivision) to create a ten (10) lot residential subdivision and include staff comments. Commissioner Wilkinson seconded the motion. All voted aye.

LOT MERGERS

A. Consider approval of a lot merger for Foremaster Ridge Phase 4 to merge Lots 420
and 452. The applicants are Mr. and Mrs. Carter. The representative is Bush & Gudgell Engineering. The property is zoned R-1-8 (Single Family Residential 8,000 square foot minimum lot size). Case No. 2011-LM-018

Todd Jacobsen Project Manager said the next two items are Easement Abandonment/Lot Merger located in Foremaster Ridge Phase 4 but by different applicants. These two items can be approved under one motion.

Todd said the purpose of this Easement Abandonment/Lot Merger is the owners want to combine these two lots into one lot and the easement that exists between the two lots needs to be abandoned. Also, Lot 420 needs to meet minimum front yard lot setback requirements along East Ridge Drive and Lot 452 needs to meet minimum front yard lot setback requirements along 140 South Circle. The Easement Abandonment/Lot Merger is ready for Planning Commissions consideration for approval.

B. Consider approval of a lot merger for Foremaster Ridge Phase 4 to merge Lots 417
and 459. The applicants are Mr. and Mrs. Parrish. The representative is Bush & Gudgell Engineering. The property is zoned R-1-8 (Single Family Residential 8,000 square foot minimum lot size).Case No. 2011-LM-019

Todd Jacobsen Project Manager said the purpose of this Easement Abandonment/Lot Merger is the owners want to combine these two lots into one lot and the easement that exists between the two lots needs to be abandoned. Also, Lot 417 needs to meet minimum front yard lot setback requirements along East Ridge Drive and Lot 459 needs to meet minimum front yard lot setback requirements along 140 South Circle. The Easement Abandonment/Lot Merger is ready for Planning Commissions consideration for approval.

Commissioner Taylor asked if there were any utilities involved by removing the easement lines.

Todd replied the service usually comes from the road. There are no utilities involved in these easements and this has been verified by the Joint Utility Committee.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for Easement Abandonment/Lot Merger for Lots 420 and 452 for Mr. & Mrs. Carter and Lots 417 and 459 for Mr. & Mrs. Parrish in the Foremaster Ridge Phase 4. Commissioner Campbell seconded the motion. All voted aye.

FINAL PLATS

A. Consider approval of a final plat for Sunland Professional Park a four (4) lot
commercial subdivision. The applicant is Sunland Professional Park LLC, the representative is Mr. Troy Ence, and the engineer is Reid Pope. The property is zoned AP (Administrative Professional) and is located at the NW intersection of Sunland Drive and Riverside Drive. Case No. 2011-FP-030

Item is tabled per Legals Department request.



B. Consider approval of a final plat for Ence Executive Towers a two (2) lot commercial
subdivision. The applicant is Bluff Towers LLC, the representative is Mr. Troy Ence, and the engineer is Reid Pope. The property is zoned C-2 (Highway Commercial) and is located at the southeast corner of 600 South Street and Bluff Street. Case No. 2011-FP-029

Item is tabled per applicants request.

C. Consider approval of a final plat for Sun Valley Estates Phase 6 a sixteen (16) lot subdivision. The representative is Mr. Roger Bundy, R&B Surveying. The property is zoned RE-12.5 (Residential Estate 12,500 square foot minimum lot size) and is located in the Sun Valley Estates Development at 3580 South Street and approximately 2750 East. Case No. 2009-FP-011

Todd Jacobson Project Manager said this is a request for a 16-lot residential final plat. The zone is RE-12.5. This final plat is ready for Planning Commissions consideration for approval.

D. Consider approval of a final plat for Silkwood Subdivision Phase 3 a fourteen (14) lot
residential subdivision. The representative is Mr. Roger Bundy, R&B Surveying. The property is zoned R-1-10 (Single Family Residential 10,000 square foot minimum lot size) and is located in the Silkwood Development at approximately 2700 East and 3300 South on the north side of Crimson Ridge Drive and the east side of Little Valley Road. Case No. 2009-FP-011

Todd Jacobson Project Manager said this was previously approved by Planning Commission on August 25, 2009 and by City Council September 3, 2009. Due to the economic downturn this never got recorded and hence the approvals have expired. This is coming back to you for your re-approval with a slight change to the layout of the Plat, one lot on the north side of 3330 South has been removed making lots 35-40 bigger.

This final plat is ready for Planning Commissions consideration for approval.

E. Consider approval of a final plat for Sun Valley Estates Phase 3 a seven (7) lot residential amended subdivision. The representative is Mr. Roger Bundy, R&B Surveying. The property is zoned RE-12.5 (Residential Estate 12,500 square foot minimum lot size) and is located at 3580 South Street and 2640 East Street. Case No. 2011-FP-034

Todd Jacobsen Project Manager said the purpose of this Amended Final Plat is to split Lot 8 into two lots, to be known as Lot 8 and Lot 9 and create a Public Utility Easement along the new lot line. No other changes were made nor intended with this Final Plat Amendment.

This final plat is ready for Planning Commissions consideration for approval.
MOTION: Commissioner Campbell made a motion to recommend to City Council approval for final plats C, D, and E and authorize Chairman to sign. Commissioner Hullinger seconded the motion. All voted aye.

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

Consider a zone change amendment request to amend the PD-COM (Planned Development Commercial) zone located at approximately 415 South Dixie Drive (Sunbrook Ranches). The request is to add Wireless Telecommunications Facility (cell tower) to the approved use list, and also consider site plan and mono-tower elevations. Mr. Marv Blosch is the property owner. Verizon Wireless is the applicant and Mr. Pete Simmons is the representative. Case No. 2011-ZCA-012

Ray Snyder Planner II presented this zone change amendment request to amend the Sunbrook Mixed Use Center PD-COM zone use list to include; Wireless Telecommunications Facility. If this use is approved then Verizon Wireless proposes to install a 20 ft. x 50 ft. (1,000 sq. ft.) area for a monopole and equipment shelter. The tower will be placed behind the building on the north side to lessen the visual impact. The equipment building will have a locked fence around it. Access to the site is from Dixie Drive and will use existing on-site driveways. The monopole will be an 80 ft. stealth palm tree look.

Mr. Pete Simmons representing Verizon Wireless said he has been in discussions with Mr. Marv Blosch who owns Sunbrook Ranches. What he understands is that Mr. Blosch plans on moving forward with his Assisted Living Plans which he submitted back in 2008 sometime in the future.

Commissioner Wilkinson asked about the trees.

Commissioner Campbell where is the closer cell tower that you can co-habitat.

Mr. Simmons said there is none in this area. He gave reasons for the 80 ft. tower. Typically they need to get above 60 ft. which allows them to be above the natural environment. The height of the pole will entice more uses to attached to the tower.

Commissioner Campbell said this is a sensitive area for an 80 ft. mono-pole around residential. He understands why he wants to put it there but he still feels it is the wrong location.

Chairman Bracken asked if this was a designated spot on the Master Wireless Plan.

Mr. Simmons replied it was not.

Commissioner Taylor said from the community it sticks out and maybe they could be persuaded to move it back.

Mr. Simmons said he would need to go back and talk to Mr. Blosch, the owner of the location, to see if there is another location on the property.

Commissioner Campbell asked if they would see if they could do a lower pole.

Mr. Simmons said he could go as low as 60 ft.

Commissioner Taylor said if they approved the zone change would they be approving the location of where they want the pole.

Ray answered it would be the location and the zone change.

Lynette Switzer said she is concerned about their health. She wants this issue be addressed.

Mr. Simmons said there are no health issues that he is aware of. There are still studies still being conducted.

Viola Anderson lives in the Villas said it takes 50-60 years for these health issues to arise. She wants to know if there are any other cell towers in residential areas.

Bob Nicholson said it is not unusually for the cell towers in residential areas.

Kris Braugn said the health concerns are the issue here. He read findings about the health risks into the record.

Commissioner Fisher said for clarification they are addressing the 80 ft. height pole.

Chairman Bracken said the feedback from the adjacent neighbors is not on the height or the aesthetics but the health problems. The question is does Planning Commission want to move forward or maybe table this item until further information is brought forward.

Deputy City Attorney Paula Houston said this is similar to the crematory where neighbors had a concern about health issues. There will be studies in both directions pros and cons. There will be no clear answer. This is regulated by the federal government and they are limited to what they can do when it comes to telecommunications. She said she does not know if they are prohibited from hearing that at all. This is a legislative act; you are adding a Conditional Use or permitted use they are asking for a permitted in that PD zone for that height. The board can consider all those factors on whether it is appropriate to add those decisions to the legislative act.

Commissioner Taylor said if there is in reality any evidence with the regards to the impact of EMF then placement comes into their thoughts. The questions becomes if where should it be place to do the least amount of radiation. He would like to see if they could place it further away from the residents and further away from a visual effect.

MOTION: Commissioner Taylor made a motion to recommend to City Council denial on the proposal as presented today and to give the applicant an opportunity to find another location with less impact visual and possible health wise to that neighborhood. Commissioner Campbell seconded the motion. All voted aye.

ZONE CHANGES PUBLIC HEARING (5:00 P.M.)

A. Consider a zone change request from R-1-10 (Single Family Residential 10,000 square
foot minimum lot size) to OS (Open Space) on 791.22 acres located near the Utah/Arizona state line in the White Dome Gypsum Hill area (in Sections 29 & 30 T43S R15W SLB&M. The applicant is the City of St George. Case No. 2011-ZC-014

Bob Nicholson Community Development Coordinator said this request is to rezone 791.22 acres in the White Dome gypsum hills area from R-1-10 to Open Space. The Nature Conservancy owns 650.39 acres and Utah Dept. of Transportation owns 140.83 acres. The combined total of 791.22 acres were acquired by the above entities to preserve the land as natural open space and more specifically to protect the habitat for endangered plants such as the Bear Claw Poppy. Open Space zoning better represents the intended use of the property which is to remain as undeveloped natural open space. The current R-1-10 zoning was assigned in 1982 as a holding zone designation but is not appropriate for the property since the intent of the property owners and the City General Plan designate the property as Open Space. The Nature Conservancy has expressed support for the zone change to Open Space and UDOT has not responded to a letter from the city regarding the proposed rezone, but UDOT acquired the subject property as mitigation parcels for construction of the Southern Parkway and obtained the property for the purpose of protecting the plant habitat.

MOTION: Commissioner Hullinger made a motion to City Council for approval for a zone change request from R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) to OS (Open Space) on 791.22 acres located near the Utah/Arizona state line in the White Dome Gypsum Hill area. Commissioner Taylor seconded the motion. All voted aye.

B. Consider a zone change request from PD-RES (Planned Development Residential) and
CRM (Mixed Use Commercial) to the C-2 (Highway Commercial) zone on 182.69 acres located on the north side of the Southern Parkway between Interchange 6 and 7 within the Desert Canyons Development. The applicant is Desert Canyons. Case No. 2011-ZC-015

Bob Nicholson Community Development Coordinator said this request is to rezone from PD-RES and Mixed Use Commercial to Commercial C-2 on 182.69 acres located on the north side of the Southern Parkway between Exists 6 and 7 within the Desert Canyons Development. City comments are as follows;

1. The City has requested this rezone to commercial in order to prevent residential development
in proximity to the new airport. The concern is that residential development within the subject area will lead to future noise complaints about aircraft activity. To reduce the likelihood of future noise complaints the city has preferred that residential development occur outside the 55DNL Noise Contour area and also outside the high traffic / turning movement area near the south end of the runway.
2. The property owner (Desert Canyons LLC) has agreed to the rezone for the subject 182.69
acres.

The Airport Manager has expressed their concerns to having residential homes near the airport. This is the basis for this request.

MOTION: Commissioner Wilkinson made a motion to recommend to City Council approval for a zone change request from PD-RES (Planned Development Residential) and CRM (Mixed Use Commercial) to the C-2 (Highway Commercial) zone on 182.69 acres located on the north side of the Southern Parkway between Interchange 6 and 7 within the Desert Canyons Development. Commissioner Fisher seconded the motion. All voted aye.

C. Consider a zone change request from A-20 (Agricultural 20 acre minimum) to the R-1-
10 (Single Family Residential 10,000 sq. ft. minimum lot size) on 26.08 acres for Sun Valley Future Phases. The property is located at approximately 2900 East and 3580 South. The applicant is Quality Development. Case No. 2011-ZC-016

Craig Harvey Planner I said this request is to rezone A-20 to R-1-10. The property is located approximately at 2900 East and 3580 South. This proposed project is Sun Valley Estates Future

Phases 8, 9, & 10 on 26.08 acres. The proposed average density for this parcel will be up to 4.0 dwelling units per acre, which would be about 104 dwelling units. All the streets are public streets.

Commissioner Fisher asked about the other phases for Sun Valley are they primarily RE-12.5.

Craig replied yes, they have a deed restriction attached to them for 2 dwelling units per acre. This area is no longer under the bonus density overlay zone so that allows them to go forward with an R-1-10 zoning.

Commissioner Wilkinson stated her concern about taking agricultural away from them. She feels it is happening very rapidly.

Commissioner Fisher said City Council expressed change to the approach to this Little Valley area. This would increase the density from what it was before that plan amendment.

Craig said the General Plan Amendment to low density residential which allows for an R-1-10 zoning and it was that before the GPA. There is no change really from what it was before to what it will be.

Chairman Bracken said master plan went to City Council a few weeks ago all the general area was looked at for low residential which could include 10,000 sq. ft. lots. What City Council was looking for was trying to tie into what already exists out there for the lots that do have animal rights.

Commissioner Taylor said his concern is residential estates with animal rights to R-1-10 zoning. Some of those low density lots are backing up to the higher density lots. He spoke on the possibility of a street dividing them from each other.

Stacy Young the representative for Quality Properties said the General Plan designation permits for up to 4 units per acre under the low density residential designation. As for the zone R-1-10 you wont get more than 2.7 units per acre. Stacy said they will create a buffer along Little Valley Road to the other zones that allows animals.

Ken Miller said there will always be a couple of lots that will intertwine with each other. They will be unable to create a road on every boundary.

Asayo Afualo said her and her husband have always been attracted to the Little Valley area. They live in high density area. They have received complaints on their dog and chickens. This is what happens when you have close lots. This life style is not for everyone but this is one of these areas where you can have large lots and animal rights.

Shawna Klomp resident said they want the area to be preserve for agricultural zones. She wants the zoning to stay agricultural, half acre lots is not going to cut it.

Bob Nicholson said there have been a several meetings throughout the years held on Little Valley area. This master plan for Little Valley was adopted out of those meetings. The outcome does not make everyone happy. The area they are discussing tonight is designated Low Density Residential. This plan has been thought out but this is the final City Council decision.

Commissioner Wilkinson said she has talked with people out there who have the animals rights.

Commissioner Fisher asked the representative if they would consider an RE-12.5 instead of an R-1-10 for that area.

Stacy replied they stand by this land plan.

Commissioner Taylor said there is a certain part of Little Valley that is not agricultural and has never been farmed. This practical parcel of land has never been used as agricultural land. They have to take a look at the developers point of view.

MOTION: Commissioner Read made a motion to recommend to City Council approval for a zone change request from A-20 (Agricultural 20 acre minimum) to the R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on 26.08 acres for Sun Valley Future Phases located at approximately 2900 East and 3580 South. Commissioner Taylor seconded the motion. All voted aye.

D. Consider a zone change request from RE-20 (Residential Estates 20,000 square foot
minimum lot size) to the R-1-12 (Single Family Residential 12,000 square foot minimum lot size) on 17.08 acres for The Village at Little Valley. The property is located at approximately 2350 East and Equestrian Drive. The applicant is EHS investments. Case No. 2011-ZC-017

Chairman Bracken had to step down due to conflict of interest. He passed the Planning Commission board over to Acting Chairman Ron Read.

Craig Harvey Planner I said this request is to rezone an RE-20 to R-1-12. The property is located southeast of Little Valley Elementary at approximately 2350 East and Equestrian Drive, west of Little Valley Road. This proposed project is the The Village at Little Valley located on 23.33 acres. The proposed average density for this phase is 2.0 dwelling units per acre and that is roughly 21 dwelling units. All streets will be public streets.

Craig said that although the lots along Little Valley Road are not part of this Zone Change, staff has strongly recommended that those lots front Little Valley Road instead of being double fronting. This issue should be addressed at the platting phase.

Wes Davis the applicant said he feels this plan will accommodate the residents and the General Plan Amendment. It would be beneficial to the schools that are being planned for Little Valley area to have higher density. The hope is to go to acre lots and then go to 15,000 sq. ft.

Commissioner Read asked if he could accommodate in his planning not have double frontage lots on Little Valley Road.

Wes said this is something that needs to be looked into. He said in the City Council meeting they did not want those lots fronting that road. They were concerned about the visibility.

Commissioner Taylor said I know that the property is surrounded by RE-20 or A-1 and you are requesting an R-1-12 in the middle of this whole pod of RE-20 what is the qualifying reason for this besides higher density and more lots.

Wes Davis said qualifying reason, they would have had the whole property zoned similar to that or in between the two zones but in conjunction with what the residents want, Planning Commission and City Council wanted a buffer created along the road that was approved in the last City Council meeting. In addition if you go to the south or the east those lots are 8,000 sq. ft.

Shawn Klomp resident of Little Valley said this could bring down the agricultural zone if this zone is changed. Please do no rezone this area.

Bob Nicholson said in the plan that was approved by City Council a couple of months ago specifically talked about this parcel. They asked for a 200 ft. buffer on the west side of Little Valley Road that would remain zoned for acre lots maximum. There was a discussion to make a corridor between the 2 equestrian subdivisions but in the end of the discussion City Council said they are going to mandate a 200 ft. wide buffer along the west side of Little Valley Road in that stretch. Beyond that it falls into low density which is a range of 1-4 units per acre depending upon what Planning Commission feels the site is specific suitable for. In their application they have not requested a zone change in that 200 ft.

Paul Blackmore engineer on the project said as they layout this design they have preserve the equestrian corridor. Right now there is a 16 ft. wide easement for an equestrian trail. They have laid it out so that there will be acre lots along Little Valley Road. He pointed out that in the vicinity are Horsemans Park and two schools which are large facilities. He feels this is a good layout where children who live there could walk to school. He hopes this will be good addition to this area.

Bruce Sullivan said they knew eventually this area would need to be developed. This development would be an ideal plan for that area. This should be passed and is appropriate for this area. There is a red rock pioneer home on the property take it down and number the bricks and re-built it somewhere else.

Kay Sullivan said she is impressed with the layout of this subdivision especially for the safety of the children being able to walk to school.

Commissioner Taylor said it already has A-20 surrounding it and rezoning this is only the 1st of several rezoning for this area. Do they want to rezone the areas to R-1-12? This is not the way they thought they were headed.

Commissioner Fisher said he looks at some of the neighborhood out there that function well. One concern is that they are trying to create a buffer but they are moving on changing the nature out there. Perhaps City Council is trying to preserve something that cannot really be preserved this way.

MOTION: Commissioner Taylor made a motion to recommend to City Council denial of a zone change request from RE-20 (Residential Estates 20,000 sq. ft. minimum lot size) to the R-1-12 (Single Family Residential 12,000 sq. ft. minimum lot size) on 17.08 acres for The Village at Little Valley and that the property be retained as a RE-20. Commissioner Campbell seconded. All voted aye.

MINUTES

Consider approval of the Planning Commission minutes for October 11th, October 25th , and November 8th , 2011.

MOTION: Commissioner Wilkinson made a motion to recommend approval of the minutes from October 11th, October 25th and November 8, 2001. Commissioner Hullinger seconded the motion. All voted aye.

Meeting adjourned at 7:15 p.m.