Planning Commission Minutes

Tuesday, April 23,2013



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
April 23, 2013 – 5:00 PM


PRESENT: Chairman Ron Bracken
Commissioner Kim Campbell
Commissioner Julie Hullinger
Commissioner Ron Read
Commissioner Ross Taylor
Commissioner Ro Wilkinson
Council Member Jimmie Hughes

CITY STAFF: Community Development Coordinator Bob Nicholson
Planner II Ray Snyder
Planner I Craig Harvey
Development Services Manager Wes Jenkins
Project Manager Todd Jacobsen
Assistant City Attorney Joseph Farnsworth (Herein “Attorney Farnsworth)
Administrative Secretary Cathy Dekker

EXCUSED: Commissioner Nathan Fisher


CALL TO ORDER

Chairman Bracken called the meeting to order and led the flag salute.

1. FINAL PLATS

A. Consider approval of a Final Plat for “Cottonwood Phase 1”, a ten (10) lot single family 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 on the south side of Crimson Ridge Drive and to the west of 3000 East Street (the Little Valley area at approximately 2900 East and 3400 South). Case No. 2013-FP-010.

B. Consider approval of a Final Plat for “Mulberry Estates Phase 2”, a sixteen (16) lot single family residential subdivision. The representative is Mr. Mr. Roger Bundy, R & B Surveying. The property is zoned R-1-12 (Single Family Residential 12,000 square foot minimum lot size) and is located on the north side of Crimson Ridge Drive and/or Mulberry Estates Phase 1 and to the west of 3000 East Street (the Little Valley area at approximately 2900 East and 3200 South). Case No. 2013-FP-011.

C. Consider approval of a Final Plat for “Sun River Phase 32”, a thirty-four (34) unit single residential family subdivision. The representative is Mr. Brandon Anderson of Rosenberg Associates. The property is zoned PD-R (Planned Development Residential) and is located at the west end of White Stone Drive and the south end of Grapevine Drive (the Sun River Development at approximately 1900 West and 5100 South). Case No. 2012-FP-046.

Todd Jacobsen, Project Manager, presented the above three Final Plats.


2. SIDEWALK WAIVER REQUEST

Consider a request for approval of a sidewalk waiver request per Title 11 Subdivision Regulations, Section 11-2-5 to eliminate sidewalk in various phases of the Stone Cliff Development. Case No. 2013-SWR-001.

Wes Jenkins, Development Services Manager, presented a request to eliminate sidewalk in various phases of the Stone Cliff development. The project is located on the south side of 1450 South.
The property is zoned PD-R (Planned Development Residential). The applicant is Kay Traveller, represented by Gail Maxwell, project manager.

Title 11 Subdivision Regulations, Section 11-2-5 “Variances” reads: “Where unusual topographic or other exceptional conditions exist, the city council may vary the requirements of this title after receiving the recommendations of the commission; provided, that such variations will not substantially impair the intent of this title. (Ord. 2003-02-005, 2-20-2003).”

Staff comments included: (1) On private streets the City only requires sidewalk to be installed on one side of the roadway. (2) All of the streets within the Stone Cliff development are private streets. (3) Ten phases of Stone Cliff have been platted. The private streets within phases 1, 3, 8 and 10 have no sidewalk installed on either side. Within phase 5 sidewalks have been installed on one private street but not on the other. On phase 7 sidewalks have been installed on one side of the street except for two lots. (4) The developer is proposing to eliminate the requirement for sidewalk on the phases that have been platted within this development.

Mr. Jenkins presented a map of all the Stone Cliff phases which showed how each phase addressed their sidewalks. Some phases have sidewalks on both sides, one side or no sidewalk at all. A letter from Gail Maxwell, the Project Manager, was shared with the Planning Commission which explained the reason why they are asking for a sidewalk waiver.

Commissioner Wilkinson noted that there are narrow streets in the developments there and they are not sure how they would add in sidewalks without taking away from residential property.
Commissioner Taylor commented that the Preliminary and Final Plats for past phases were approved already and he doesn’t feel it can be required to put in sidewalks now. Attorney Farnsworth confirmed that is correct.

Mr. Jenkins stated that Preliminary Plats do not show sidewalks. Construction drawings show sidewalks on the cross section.

Gail Maxwell, representative for Kay Traveller and Stone Cliff, stated that the Master Plan was approved without sidewalks. Some phases were built with and without sidewalks. They do attempt to put in sidewalks, but as they get into the higher elevations the landscaping goes to the curb. Mr. Maxwell wants to eliminate sidewalks on the higher lots with steeper grades. The phases on the lower end will have sidewalks.

Discussion was held on what types of sidewalks were in each phase. None have intermittent sidewalks, either it is continuous or not at all. The outer lying lots are the ones that for the most part do not have sidewalks. Mr. Maxwell commented that the streets are 12’ wider than required, which he believes provides a safe walking area.




3. PRELIMINARY PLATS

A. Consider a Preliminary Plat request for “Sage Meadows” to create seventy-three (73) residential lots on 23.83 acres. The applicant is JP Investment and Mrs. Karen Tormey, and the representative is Alpha Engineering. The property is zoned R-1-10 and R-1-12 (Single Family Residential 10,000 and 12,000 square foot minimum lot sizes). The property is located at approximately 2000 S and 3000 E. Case No. 2013-PP-015.

Wes Jenkins presented the Preliminary Plat listed above. Staff comments included: (1) The developer will be required to improve their frontage along 3000 East. There will be double fronting lots along 3000 East which will require a 10 foot landscape strip behind the sidewalk and a 6 foot high privacy wall. Because 3000 East is a 90 foot roadway, the City will maintain the landscape strip. (2) On the Tormey property, which is on the north side of the proposed project, the Developer is proposing to do Lot Size Averaging on the R-1-12 zone. (3) The developer will be required to install a minimum of 25 feet of asphalt pavement along Rasmussen Drive and 2000 South. The developer will also be required to provide curb, gutter and sidewalk along the south side of Rasmussen Drive and the north side of 2000 South.

Councilman Hughes and Commissioner Wilkinson inquired if there would be fence there, especially by the school. Mr. Jenkins replied that the school usually does install a fence. The concern is the potential for animals in the area and the drainage. They would like to see a fence there.

Commissioner Taylor stated his concern regarding the standing water situation east of the school. He doesn’t believe the drain line will be sufficient. Mr. Jenkins replied that the geological study will need to address that. He also noted that the cross section shown and the alignment of 3000 East may change a little bit during the construction drawing process.

Commissioner Taylor commented there were no staff comments regarding drainage and wondered if there this should be part of the Preliminary Plat request. Mr. Jenkins agreed that it should be.

Commissioner Campbell asked for the engineer to address this. Jared Madson, of Alpha Engineering, noted that they will have a geotechnical report address the structural integrity of the homes being built. As far as the standing water, there will be some slope on the road, which will be maintained, and there will be a sub-surface storm drain. They haven’t completed their hydrology study yet.

Councilman Hughes stated that they will have to keep in mind that this will fluctuate when irrigation is occurring.


B. Consider a Preliminary Plat request for “Meadow Park Phases 1-3” to create forty-nine (49) residential lots on 17.60 acres. The applicant is Development Solutions, and the representative is Mr. Stacy Young. The property is zoned R-1-10 (Single Family Residential 10,000 square foot minimum lot size) and RE-12.5 (Residential Estate 12,500 square foot minimum lot size). The property is located south of Little Valley Elementary School along Equestrian / Crimson Ridge Drive at approximately 2300 East. Case No. 2013-PP-012.

Wes Jenkins presented the Preliminary Plat listed above. The developer will be required to finish the roadway improvements along Horseman Park Drive and at least 25 feet of asphalt pavement with curb, gutter and sidewalk along Equestrian/Crimson Ridge Drive. The developer is proposing to dedicate to the City a path between lots 26 and 27 to allow access from the project to Little Valley Elementary School.
C. Consider a Preliminary Plat request for “Cottam Cove” to create ninety-six (96) residential lots on 70.98 acres. The applicant is Wright Homes, and the representative is Mr. Derek Wright. The property is zoned R-1-10 (Single Family Residential 10,000 square foot minimum lot size). The property is located on River Road at approximately 2100. Case No. 2013-PP-013.

Wes Jenkins presented the Preliminary Plat listed above. Staff comments were as follows: (1) This project was approved by the Hillside Committee on February 26, 2013. City Council approved the Hillside Committee recommendations on March 21, 2013. (2) Zone A on the Preliminary Plat shall be a “no disturb area” and Zone B shall have no habitable structures. Zone B can have pools, hot tubs, landscaping, etc. (3) The developer has left an open space “no disturb area” between Lots 76 and 77. There is an existing drainage channel that will be left open between these two lots. The developer will need to provide a way to get this drainage into the storm drain system. This area is proposed to remain undisturbed. (4) On Lots 77, 78 and 79 there are large boulders the developer is proposing to remain in place. (5) Lot 200 will be a detention basin. There is an existing storm drain line in River Road adjacent to this detention basin which can be used to drain the detention basin. (6) Lots 60-73 and 75-80 will not be mass graded with the subdivision. The developer is requesting that these lots be graded as each lot develops. An individual grading and drainage plan approved by the City will be required for each of these lots before a building permit will be issued. (7) There is an existing home that currently has a private driveway from River Road. Access to this private driveway will need to be provided through the proposed development. (8) Lots 94 and 96, 436, 474-480 and 200 will be double fronting lots along River Road. These lots will require a 10-foot landscape strip and a 6-foot high privacy wall along River Road. They will be forming and HOA and they will maintain a detention basin.

D. Consider a Preliminary Plat request for “Mulberry Phases 3-5 & 7-9” to create eighty-three (83) residential lots on 31.76 acres. The applicant is Quality Development, and the representative is Mr. Ryan Thomas. The property is zoned R-1-12 (Single Family Residential 12,000 square foot minimum lot size) and RE-20 (Residential Estate 20,000 square foot minimum lot size). The property is located west of 3000 E and north of Crimson Ridge Drive. Case No. 2013-PP-011.

Wes Jenkins, Development Services Manager, presented the Preliminary Plat listed above. Staff comments are as follows: (1) On the northwest corner of the project, the developer is proposing to set aside one lot as a detention basin. The site will drain to the northwest corner. When the future roadway and storm drain system is constructed along the north side of these lots, the detention basin will go away and become a residential lot. (2) On the west side of the project adjacent to Rancho Verde Estates, the developer is dedicating a 20-foot strip of land as a future equestrian/pedestrian trail area. (3) The developer will be required to improve 3000 East. The lots along 3000 East will be double fronting lots which will require a 10-foot landscape strip and privacy wall along 3000 East. (4) The proposed lots along Rancho Verde Estates will have a 100-foot buffer setback for any dwelling unit.

Phase 6 was left out due to an oversight that this area will first need a zone change.

Councilman Hughes said the neighbors of Rancho Verde Estates have a concern about the large bank / elevation change. Mr. Jenkins said they will need to work through the elevation change between the different lots in the construction drawing process as far as the elevation of the trail relative to those lots.



E. Consider a Preliminary Plat request for “Crimson Ridge Drive Church Subdivision” to create a one (1) lot subdivision on 4.56 acres. The owner is the LDS Church, and the representative is Mr. Steve Woolsey. The property is zoned A-1 (Agricultural) and R-1-12 (Single Family Residential 12,000 square foot minimum lot size). The property is located along Equestrian / Crimson Ridge Drive west of Little Valley Road at approximately 2440 East. Case No. 2013-PP-014.

Wes Jenkins, Development Services Manager, presented the Preliminary Plat listed above. Staff comments were as follows: (1) The LDS Church purchased two separate parcels and merged them into one lot. (2) The two parcels purchased by the LDS Church were illegally split-off from each original parcel because the lot splits were not approved by the Land Use Authority. (3) To make the two lots splits legal and the merger of the two lots into one, the LDS Church is providing a plat for this parcel.


F. Consider a Preliminary Plat request for “Sun Valley Estates Phase 13” to create six (6) residential lots on 3.42 acres. The applicant is Development Solutions, and the representative is Mr. Stacy Young. The property is zoned R-1-10 (Single Family Residential 10,000 square foot minimum lot size). The property is located at 3000 East and Banded Hills Drive. Case No. 2013-PP-016.

Wes Jenkins, Development Services Manager, presented the Preliminary Plat listed above. Staff comments were as follows: (1) This subdivision will have double frontage lots along 3000 East which is a 90-foot roadway. These double frontage lots will require a block wall along 3000 East and a 10-foot landscape strip. There is also a 10-foot master planned regional trail that will replace the sidewalk along 3000 East in this area. (2) The project will use the alternate cross-section for their interior roadways, which has a 4-foot landscape strip between the curb and the sidewalk. (3) Even though this property is zoned R-1-10, the smallest lot in this subdivision will be 12,198 square feet. (4) The developer will be required to install the roadway improvements along 3000 East and Banded Hills Drive.


4. ZONE CHANGE – PUBLIC HEARING (5:00 PM)

Consider a request for a zone change from C-2 (Commercial) to R-1-12 (Single Family Residential 12,000 square foot minimum lot size) on a 4.0 acre parcel generally located at the northwest corner of the intersection of 3000 East and Crimson Ridge Drive. This is for the future “Mulberry Estates Phase 6”. The applicant is Development Solutions, and the representative is Mr. Stacy Young. Case No. 2013-ZC-005.

Craig Harvey, Planner I, presented a request for a zone change from C-2 to R-1-12 on a 4.0 acre parcel generally located at the northwest corner of the intersection of 3000 East and Crimson Ridge Drive. This is for the future “Mulberry Estates Phase 6”. The project is part of the “The Arbors” project.

The applicant recently changed the General Plan from COM (Commercial) to LDR (low-Density Residential) on November 11, 2012 (Case No. 2012-GPA-001). The applicant is now ready to develop this parcel and is seeking a zone change from Commercial to R-1-12.

Staff finds that this change is in harmony with the current General Plan of this area and Staff recommends approval.

Chairman Bracken opened the public hearing. There was no public comment. The public hearing was closed.


5. BUILDING DESIGN CONCEPTUAL SITE PLAN

Consider a request for a BDCSP (Building Design Conceptual Site Plan) review of a proposed car dealership for “Steven Wade Nissan.” The site is located on the vacated 1700 South Street off of Hilton Drive. The zoning is PD-COM (Planned Development Commercial). The representatives are Mr. Reid Pope, Pope Engineering and Mr. Bill Western, Architect. Case No. 2013-BDCSP-003.


6. HILLSIDE PERMITS

A. Consider a request for a Hillside Development Permit for a proposed roadway realignment called “3000 East Roadway Realignment.” The applicant is the City of St. George, represented by Zachary Renstrom of Bush & Gudgell. The property is zoned R-1-10, A-1 and A-20. Hillside Permit Case No. 2013-HS-004.

Ray Snyder, Planner II, presented a request for a Hillside Development Permit for a proposed roadway realignment. The City of St. George proposes to realign and improve 3000 East Street. The widening and realignment will require the removal of a portion of an existing hillside located directly west of the project. The project is on 3000 East Street between 1450 South and 1580 South.

Section 10-13A-6:A requires that all major development (i.e, cut greater than 4’, etc.) on slopes above 20% requires a Hillside Development Permit granted by the City Council upon recommendation from the Hillside Review Board and the Planning Commission.

The HSRB supports this project, however they recommend denial (vote 4:0) due to a conflict in Section 10-13A-4 “Density and Disturbance Standards.” The project has been revised significantly to reduce the disturbance limits, but it still cannot stay under the maximum range for slopes in the 30-39 percent and the 40 percent and above. The board does not have the authority to recommend approval. Although the board had to deny this item, they recommended that the applicant proceed on to the City Council to appeal.

In Section 10-13A-12.B.1 of the “Hillside Review Board Powers and Duties” it states that the board can make recommendations for approval, conditional approval, and denial to the Planning Commission and City Council.
In Section 10-13A-12.B.2 it states that they can provide advice and support as needed to staff, Planning Commission and City Council in connection with reviewing development requests for zone changes or other development applications within the hillside development overlay zone (this item is within that zone).

In Section 10-13A-13 “Appeals” it states that the council may consider an appeal of the hillside ordinance.
The HSRB recommends that if the council supports the appeal and approves the hillside permit that the following conditions should be applied: (1) Keep the landscape strip area to the minimal width the City may permit. (2) It is recommended that steeper stable slopes be cut to reduce the area of disturbance. (3) Submit a Site Plan Review application along with the required civil engineering plans for staff review and processing.

Jay Sandberg, City Engineer, and Zach Renstrom of Bush & Gudgell, explained the different options they have considered and why this option, as presented by Mr. Snyder, was in the best interest of the City.

Mr. Nicholson, Community Development Coordinator, reiterated that the issues for both of the hillside items tonight are due to the fact that the ordinance does not address a roadway or a utility issue. The ordinance says you can only disturb 30% of a certain slope category. This works fine for a residential project, but not when they are only buying enough property to put in the very specific facility.

Mr. Sandberg stated that the Hillside Review Board is very supportive of this project and wants the project done correctly, however based on the ordinance it was denied.


B. Consider a request for a Hillside Development Permit for a proposed “Unmanned Natural Gas Regulator Station & Launcher / Receiver Facility.” The applicant is Questar Gas and the representative is Mr. Brent Morgan, Ensign Engineering. The total area is approximately 7.22 acres. The property is located at the southwest corner of Bluff Street and Snow Canyon Parkway and is zoned R-1-10 (Single Family Residential 10,000 square foot minimum lot size) and OS (Open Space). Hillside Permit Case No. 2013-HS-003.

Ray Snyder, Planner II, presented the above request for a Hillside Development Permit for a proposed “Unmanned Natural Gas Regulator Station & Launcher / Receiver Facility.”

In a location near Central Utah, Questar Gas is installing a compressor station that will increase the transmission pressure in the pipeline between Central and St George. Here in St George it is proposed to install a regulator station site (WH0030) that will reduce the pressure back down to the current maximum allowable operating pressure of 720 psig. This project will allow Questar to continue to serve gas to St George City Power and to the residents of St George and the surrounding communities.

This property is located at the southwest corner of Bluff Street and Snow Canyon Parkway. Ensign Engineering has submitted a narrative, aerial map, slope analysis map, grading plan, cross sections, geotechnical report, and drainage report for review.

The HSRB supports this project, however they recommend denial (vote 4:0) due to a conflict in Section 10-13A-4 “Density and Disturbance Standards.” Although the project has been revised significantly at the recommendation of the hillside board, it still cannot stay under the maximum range for slopes in the 30-39 percent and the 40 percent and above. The board does not have the authority to recommend approval. Although the board had to deny this item, they recommended that the applicant proceed on to the City Council to appeal.

In Section 10-13A-12.B.1 of the “Hillside Review Board Powers and Duties” it states that the board can make recommendations for approval, conditional approval, and denial to the Planning Commission and City Council.

In Section 10-13A-12.B.2 it states that they can provide advice and support as needed to staff, Planning Commission, and City Council in connection with reviewing development requests for zone changes or other development applications within the hillside development overlay zone (this item is within that zone).

In Section 10-13A-13 “Appeals” it states that the Council may consider an appeal of the hillside ordinance.

The Hillside Review Board (HSRB) recommends that if the council supports the appeal and approves the hillside permit that the following conditions should be applied: (1) The site shall be moved approximately 90 feet to the north as shown in the April 17th submittal to the HSRB which will result in fewer disturbances of the cut and fill requirements. (2) The elevation shall be raised 4 feet to decrease the amount of cut and fill and to decrease visibility from Bluff Street. (3) Modify the cut slope from 2:1 to 1.5:1 (steeper slope). (4) This site shall have landscaping complimentary to the design selected by UDOT for the adjacent new interchange. (5) Allow an eight foot (8’) high solid precast wall around the site. (6) Shift the drive approach further west as shown on the April 17th presentation to the HSRB. (7) Submit a SPR (Site Plan Review) application along with the required civil engineering plans for staff review and processing.

Seth Plozier, engineer and project manager with Questar Gas, addressed the Planning Commissioners explaining their reasoning for installing this regulator station at this location. They considered other locations but had large obstacles, such as turtle habitat to the northeast, SITLA land with no access to the north, a police gun range to the east and to the property to the south was too costly.

The concern of the HSRB was the scarring. Mr. Plozier commented that when the cuts are made, then they can pick an accurate color to blend in with the cut for their wall which will help in hiding their facility and piping. If they don’t get approve for this, the gas will not be at a rate that will support all the housing going in.

Commissioner Campbell expressed his concern about the scar. The point isn’t if it’s necessary, it’s about aesthetics. He stated that with these projects he feels they are always much bigger than they need to be. He asked if the width could be reduced significantly to reduce the disturbance. He suggested to add landscaping and trees.

There was extensive discussion on options to minimize scarring. Commissioner Campbell stated that this intersection where this project is proposed to be located is the second busiest intersection in the whole city. The looks of the project is very important.

Attorney Farnsworth stated that it is preferable that they redesign the project area to minimize scarring and come back to Planning Commission in three weeks on May 14th so the Planning Commission can have a solid recommendation to the City Council.


7. CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit for; 1) a proposed “Unmanned Natural Gas Regulator Station & Launcher / Receiver Facility (a control room and a regulator station building), 2) an associated forty foot (40’) high data transmission tower,” 3) an eight foot (8’) high wall around the site, 4) site development mitigation, and 5) landscaping. The applicant is Questar Gas and the representative is Mr. Brent Morgan, Ensign Engineering. The total area is approximately 7.22 acres. The property is located at the southwest corner of Bluff Street and Snow Canyon Parkway and is zoned R-1-10 (Single Family Residential 10,000 square foot minimum lot size) and OS (Open Space). Case No. 2013-CUP-003. (Reference item #6B above - Case No. 2013-HS-003).


B. Consider a request for a car dealership “Red Rock Auto Sales” at 176 West St George Boulevard. The property is zoned C-4 (Commercial) and the applicant is Mr. Josh Williams. Case No. 2013-CUP-005

Ray Snyder, Planner II, presented this item. This location is the former “Hard 8 Power Sports” dealership that was located at 176 West St. George Boulevard and is zoned C-4. The applicant wishes to establish the automotive dealership “Red Rock Auto Sales” at this location. The C-4 zone requires a Conditional Use Permit (CUP) for a car dealership. The applicant proposes to sell cars, motor scooters, ATVs and motorcycles.

The former business license for this location was for an ”off highway vehicle sales (motorcycles & four wheelers)”. There is also evidence that the former business sold several automobiles from the site.

The primary issues with this site are that a CUP needs to be approved for car sales and also that the Planning Commission and City Council determine the amount of display area and landscaping in the front of the business. The applicant’s expectations are that the five display pads can be used for car display. The five display pads have been there for 12-15 years and they are 15’ wide. The display pads do not conform to the current code Section 10-10-5.H.4.

The following were suggested conditions, if the Planning Commission recommends approval: (1) Permit a specific number of display pads, and (2) Landscaping shall be 50% live material per current code.

Mr. Nicholson stated that there is a car dealer on either side of them. The issues are the display pads and the landscaping requirements. A case could be made that it is a legal, non-conforming use due to ordinances that changed since it was originally used when this was in compliance.

Josh Williams, owner of Red Rock Auto Sales, stated that when they found out this may be a CUP issue, they went ahead and put together a landscaping plan based on 50% of the area around the pads. He shared a photo of what it would look like with the proposed bushes and trees. The Planning Commissioners liked the looks of it.

Commissioner Wilkinson asked about outdoor lighting. Mr. Williams replied that in addition to the street light, they put in new style lights that are more appropriate for the business (six spot lights that shine straight down which light up the walkway).


ADJOURN MEETING