Tuesday, May 28,2013
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
May 28, 2013 – 5:00 PM
PRESENT: Chairman Ron Bracken
Commissioner Kim Campbell
Commissioner Nathan Fisher
Commissioner Julie Hullinger
Commissioner Ron Read
Commissioner Ro Wilkinson
CITY STAFF: Community Development Coordinator Bob Nicholson
Planner II Ray Snyder
Planner I Craig Harvey
Project Manager Todd Jacobsen
Assistant City Attorney Joseph Farnsworth (Herein “Attorney Farnsworth)
Administrative Secretary Cathy Dekker
EXCUSED: Commissioner Ross Taylor
Development Services Manager Wes Jenkins
Council Member Jimmie Hughes
CALL TO ORDER
Chairman Bracken called the meeting to order and led the flag salute.
ITEM 1: FINAL PLATS
A. Consider approval of a final plat for “The Cliffs at Snow Canyon Plat M” a one (1) lot single family subdivision. The representative is Mr. Scott Woolsey, Alpha Engineering. The property is zoned PD-R (Planned Development Residential) and is located at 3052 North Snow Canyon Parkway (in the Cliffs development between Units 206 and 207). Case No. 2013-FP-016.
B. Consider approval of a final plat for “Tonaquint Terrace Phase 2, 3rd Amendment and Extension” a sixty-five (65) lot single family subdivision final plat amended and extended. The representative is Mr. Jim Raines, Bush and Gudgell. The property is zoned R-1-10 (Single Family Residential 10,000 square foot minimum lot size) and is located at 2269 South 1260 West (in the Tonaquint Terrace development). Case No. 2013-FPA-015.
Todd Jacobson, Project Manager, presented the Final Plat and Final Plat Amendment listed above.
The purpose of the Final Plat Amendment is to add a 20 foot wide portion to Lot 130 which runs southerly to 2240 South Street (which also runs along the rear of Lot 131). This 20 foot wide strip of land will also be a public utility and drainage easement. No other changes have been made.
ITEM 2: ZONING CHANGE– PUBLIC HEARING (5:00 PM)
Consider a request for a zone change from PD-R (Planned Development Residential) to OS (Open Space) and to amend the “Fossil Hills PD Master Plan” by deleting 23.69 acres of PD-R zoning and replacing it with OS zoning. The owner is SITLA and the representative is Progressive Contracting Inc. (PCI), Mr. Russell Limb. Case No. 2013-ZC-006.
Bob Nicholson, Community Development Coordinator, presented the zone change request listed above. The representatives are John Wilson of PCI and Rob Reid of Rosenberg Engineering. The purpose of the zone change to Open Space (OS) is to allow the applicant to seek approval for mineral extraction (gypsum mining) through a Conditional Use Permit (CUP) in the OS zone. The General Plan designates most of this area as Open Space.
PCI owns the adjacent property to the northeast and operates a gypsum mining business there. PCI would like to mine gypsum on this property and eventually convert the property to future industrial use (M-1 zone), consistent with the zoning and use on three sides of the property. The Sunroc Block plant is adjacent on the west and gypsum mining is adjacent on the east. To the south are various industrial uses.
The Open Space zone allows for mineral extraction through a CUP process and the applicant intends to pursue that process if the zone change to OS is approved. If the zone change is approved, then various aspects and concerns relating to gypsum mining will need to be addressed as part of the CUP process (such as air quality, traffic, etc.). Rezoning to OS would be consistent with the current City General Plan land use map.
Chairman Bracken opened the public hearing. There was no public comment. The public hearing was closed.
ITEM 3: PRELIMINARY PLATS
A. Consider a Preliminary Plat request for “Zions Bank” to create two (2) commercial lots. Lot 1 (existing bank site) would be 1.22 acres and Lot 2 (new commercial site) would be 0.73 acres. The owner is Zion’s First National Bank and the representative is Mr. DeLon Askvig. The property is zoned AP (Administrative Professional) and C-2 (Commercial). The property is located at 717 South River Road. Case No. 2013-PP-022.
Mr. Jacobsen presented the above Preliminary Plat request. Staff comments were: (1) The developer is proposing a cross access agreement and a shared parking agreement between the two lots, and (2) currently the property line between the two parcels extends through the middle of the existing bank. This plat will locate the property line in a more suitable location.
B. Consider a Preliminary Plat request for “The Legends at Cactus Flats” to create twelve (12) lots on 3.75 acres. The owner/developer is Mr. Glen Bundy and 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). The property is located along the west side of 2100 East north of 2450 South. Case No. 2013-PP-018.
Mr. Jacobsen presented the above Preliminary Plat request which had been tabled at the May 14th Planning Commission meeting.
This item was tabled at the May 14, 2013 Planning Commission meeting. This tabling was to allow the applicant time to present an alternate option to the adjacent property owner to the north and to resolve the issue of vacating, developing, or redirecting 2330 South Street.
Staff comments were: (1) There is a proposed master planned 50-foot roadway on the north side of this project. Currently this roadway ends at the northwest corner of the property. The roadway is planned to extend through this property to 2100 East. The developer is proposing that this roadway not be extended through the property. To do this, the City would require that 2330 South Street be vacated from where it currently ends at the northwest corner of the property to the west to 1950 East Street. (2) The property owner to the north currently uses their property to store their cattle during certain times of the year.
Several options for an access road were discussed. “Option 1”, which was submitted by the applicant, eliminated the master planned road (which runs west to east on the north border of the submitted proposed platted development) and placed the access road to the north, running upwards from the northwest corner of the proposed development into John Hafen’s property (which is located to the north of the proposed platted development called “Legends of Cactus Flat”).
“Option 2”, would continue the proposed road that runs through the proposed development and has it run through proposed lot #5 on the southwest area of the development and connects the road into 2330 South Street.
Mr. John Hafen, who owns the property to the north of the proposed development, expressed his concern that both options that were proposed render his property valueless for his future development of his land. These options also put residential up against his property with no buffer between the proposed residential and his agricultural uses. Mr. Hafen prefers the master planned road as it creates a buffer zone and would work best to subdivide his lot for his future development. Mr. Hafen also commented that now that there are residential lots in the area they are draining down from Schmutz Hill, especially in the summer time storms, and it is hard to contain. The drainage issues are a large concern for him.
Roger Bundy, of R&B Surveying, agreed that there has been a drainage issue at that location and it will be addressed during the review of the construction drawings. He commented that he doesn’t understand how this plan makes Mr. Hafen’s land “valueless,” stating that Mr. Hafen could only have one row of lots anyway. Roger Bundy feels if affects Glen Bundy more as it causes him to lose a row of lots.
Commissioner Read asked if Mr. Hafen would lose lots. Mr. Jacobson commented that Mr. Hafen would lose a lot due to the road curving up.
Attorney Farnsworth questioned if the road going through the proposed development could exit upward and to the west to meet up with 2330 S Street where it is currently showing the cul-de-sac. Roger Bundy confirmed that it could. This would create a third option for discussion.
Commissioner Fisher asked Mr. Hafen what alternative he prefers. Mr. Hafen stated that he wants the road to stay where it was planned. He doesn’t like the other alternatives because he loses his buffer zone.
Chairman Bracken asked Mr. Hafen how he would access his upper portion of his property when the property owners to the north of him develop their area. Mr. Hafen replied that he doesn’t know, it’s too far in the future. He stated that he has talked to that property owner and he doesn’t intend on doing anything with the property in the near future. He just knows he does not want people close to his corrals.
Chairman Bracken explained that instead of having a road on the south side it would be to the north side. Mr. Hafen said that there is about a ten foot grade change there and it makes it difficult to develop. It creates a more useable situation the way that it is planned now.
Mr. Nicholson reiterated that the road on the master plan is shown to go straight through. It is conceptual and used as a guide. There is an issue where no solution is going to please all parties. All options affect someone negatively.
Mr. Jacobsen gave a reminder that an agricultural note will be required on this plat to note the issues of odors, nuisances, etc. of animals in that zone.
Discussion was held on the feasibility for both property owners and the different options of where the road could exit the proposed subdivision.
Attorney Farnsworth stated that the Planning Commission and the City need to look at what is in the best interest of the City in regards to the best plan for accessibility to the property. He asked the staff to report on what the best plan for the area would be.
Commissioner Campbell commented that he does not like the position this proposal puts the City in to involve three different property owners.
Chairman Bracken commented that he is seeing that both property owners are having issues. Some staff members may not have known of the large difference in elevations.
Attorney Farnsworth recommends tabling this item again because many factors have not been looked at. He asked whether the traffic engineers and public works department have looked at this.
Roger Bundy stated that Mr. Jenkins noted that this would not be a large heavy traffic area there just needs to be a connecting road. The main issue was that there be a main connecting road.
Commissioner Read inquired if this could be a private road. Mr. Nicholson replied that it would be more difficult to finance and costly to maintain. He would like that to be avoided.
Further discussion was held between the applicant, the neighboring property owner and Planning Commissioners regarding access. The discussion did not produce a conclusion. Attorney Farnsworth again recommended tabling this item.
Commissioner Campbell commented that there is the option of running a straight line through the two properties (the master planned road) that has not been discussed tonight.
ITEM 4: BUILDING DESIGN CONCEPTUAL SITE PLANS
A. Consider a request for a Building Design Conceptual Site Plan (BDCSP) review of a proposed new 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. Note: On May 16, 2013 the City Council vacated 1700 South Street.
Ray Snyder, Planner II, presented the above request for a BDCSP to develop a car dealership on the recently vacated roadway (60 ft R.O.W.) 1700 South Street and adjacent property. The City Council approved the vacation of 1700 South Street between Hilton Drive and Black Hills Drive at the May 16th City Council meeting.
The proposed building pad would be 12,573 square feet and would include a 7,039 square foot service area. Access is by Hilton Drive.
Setbacks, materials, parking, landscaping and lighting requirements were discussed.
Staff recommended that if the Planning Commission proposes approval, that it also add the following conditions: (1) Approval is recommended for an approximately 12,573 square foot single story car dealership building as presented on April 23, 2013 to the Planning Commission, (2) parking to be verified during plan check to meet ordinance, (3) the architectural theme, colors, and materials are approved as were presented on April 23, 2013, (4) a Site Plan Review application shall be submitted along with the required civil engineering plan sets to the Community Development Department for plan checking and processing, and (5) the site shall be designed with “dark sky” friendly lighting and will avoid any light pollution to the neighbors. A photometric plan shall be provided along with the SPR application in the civil engineering plan set.
Architect Mr. Weston, explained that they would be using alucobond materials all around front and masonry around the service department. The masonry on the back is going to be painted light grey.
B. Consider a request for a Building Design Conceptual Site Plan (BDCSP) review of a proposed remodel of an existing car dealership for “Steven Wade Chevrolet/Cadillac.” The site is located in the vicinity of 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-005.
Mr. Snyder presented the above BDCSP request to remodel the existing Toyota car dealership into a Chevrolet/Cadillac dealership. The project consists of remodeling the existing dealership showroom area and expanding it to enclose the existing overhang on the east side of the building. The remodeled building will not expand past the existing front setback. The design includes removing 3,700 square feet service area and adding a 10,400 square foot service area. The remodeled facility will also include a new 1,500 square foot service drive. The original building is approximately 9,000 square feet. The remodeled building would be 20,400 square feet.
The existing building finishes include stucco and glass at the showroom area and concrete block for service area. The remodeled facility will be glass and A.M.C. panels with a painted concrete block service area.
Setbacks, materials, parking, landscaping and lighting requirements were discussed.
Staff recommended that if the Planning Commission proposes approval, that it also add the following conditions: (1) Approval is recommended for an approximately 20,400 square foot single story car dealership building as presented on May 28, 2013 to the Planning Commission, (2) parking to be verified during plan check to meet ordinance, (3) the architectural theme, colors, and materials are recommended for approved as were presented on May 28, 2013, (4) a Site Plan Review application shall be submitted along with the required civil engineering plan sets to the Community Development Department for plan checking and processing, and (5) the site shall be designed with “dark sky” friendly lighting and will avoid any light pollution to the neighbors. A photometric plan shall be provided along with the SPR application in the civil engineering plan set.
Mr. Weston (architect) and Mr. Wade (owner) reiterated some information regarding the project.
ITEM 5: HILLSIDE PERMIT
Consider a request for a Hillside Development Permit for a proposed residential subdivision to create thirty-three (33) single family residential lots called “Kachina Cliffs Phase 3” on approximately 23 acres. The applicant is Henry Walker Homes and the representative is Mr. Scott Duffin, Horrocks Engineers. The property is zoned PD-R (Planned Development Residential). Hillside Permit Case No. 2013-HS-002.
Mr. Snyder presented the above request for a Hillside Development Permit for a proposed residential subdivision.
This project is located west of the Desert Reserve. An existing residential development is located to the north (Kachina Cliffs Phase 2) and to the west (Kachina Springs East Phase 3) and the City fishing pond/park to the south.
Horrocks Engineering has submitted a narrative, aerial map, slope analysis map, grading plan, cross sections, drainage report, and geotechnical report
Section 10-13A-6:A requires that all major development (cuts 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.
Previously this subdivision went through a hillside review in 2006 and was approved. The “No Disturb” area appears to be the same (or very similar) to the “No Disturb” areas on the 2006 plan. The main issue for the Hillside Board is to make a finding that the small ravines are not part of the contiguous hillside and can therefore be omitted from the site disturbance limitations. Drainage has been addressed to the satisfaction of the Hillside Board. The applicant returned with a revised rock fall hazard report with mitigations which the hillside board supports.
The Hillside Review Board met on Friday, May 24th, and reviewed the revised “Rock Fall Hazard Mitigation” report dated May 9, 2013. After discussion, the following motion was made: “The hillside board recommends approval of the rock fall mitigation plan as presented and to condition the Hillside Permit to require legal access to maintain the drainage system. That staff will ensure this is addressed on the Final Plat and in the construction plans and that the side slope shall not exceed 3:1 (as depicted). All development shall stay out of the “Rock Fall Run-out Boundary” zone (as depicted). The developer shall construct a trench/ditch behind lots 30 and 31 (see detail in mitigation report and cross sections) and add additional boulders to mitigate rock fall potential.”
Scott Duffin answered Commissioner Campbell’s question about how the berms will look.
ITEM 6: CONDITIONAL USE PERMITS
A. Consider a request for a Conditional Use Permit to construct a detached accessory garage that will exceed the allowable height of fifteen feet (15’) unless a conditional use permit is granted for a greater height. The subject property is located at 538 Los Alamitos Drive. The zoning is R-1-10 (Single Family Residential 10,000 square foot minimum lot size). Mr. Charles James is the applicant. Case No. 2013-CUP-008.
(Tabled at request of applicant at 5/14/2013 PC meeting)
Craig Harvey, Planner I, presented the above Conditional Use Permit request. The Title 10, Chapter 7B “Modifying Regulations,” Section 10-7B-6(B)(7) reads: “Detached Garages and accessory building shall be limited to an overall height of fifteen feet (15’) for pitched roofs…unless a Conditional Use Permit is granted for a greater height”. This structure will be ± twenty feet (20’) in height, thus necessitating the purpose of this conditional use permit request.
Staff comments were: (1) The proposed four car detached garage will be located in the rear yard 31’ from the main dwelling and 5’ from the side and rear property lines, (2) the proposed structure will encroach onto City easements and will require a Joint Utilities Committee review prior to construction, (3) Mr. James has discussed the plans with the Bloomington Architectural Control Committee. Staff has spoken with Mr. Kruger of the B.A.C.C. and he indicated that their approval of the proposed structure is contingent on approval from the City Council. He recommended to Mr. James that the exterior finish materials match the existing home. (4) The applicant has provided a short narrative, (5) Mr. James has indicated in his narrative that the detached garage will have similar finishes as the existing home and colors even though the plans do not indicate those finishes, (6) staff has verified in GIS that the rear yard has 10,041 square feet. The proposed garage will be 2,160 square feet in area. This results in ± 21% rear lot coverage. (7) Staff recommends the setbacks be 10’ and not the 5’ requested by the applicant. This is recommended as a result of neighbors concern over the size the structure.
Homeowner Chuck James explained that he and his wife purchased their home over a year ago. They are both artists and would like part of this additional structure for their art studio and also to have room for cars, boats, etc. He is willing to redesign the garage if need be. It may be difficult to get vehicles in and out of the structure as it is. Mr. James said maybe they can redesign it to make the garage smaller to accommodate the height and hopefully keep it back further. It was designed as 36 feet deep and 60 feet wide. He is willing to go with a three car garage to help with the setbacks and lower the pitch. This will be their only garage.
Mr. James changed the size for approval to 32 feet deep by 48 feet wide and he estimates 17.5 feet high.
B. Consider a request for a Conditional Use Permit to permit automotive dismantling for an existing recycling business and to permit a caretakers unit for security and theft protection. The subject property is located at 985 East 770 North Street in the old industrial park. The zoning is M-1 (Industrial). Mr. Matt Thomas is the applicant. Case No. 2013-CUP-009.
ITEM 7: MINUTES