CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
May 22, 2012 – 5:00 p.m.
PRESENT: Chairman Ron Bracken
Acting Chairman Ron Read
Commissioner Ross Taylor
Commissioner Kim Campbell
Commissioner Ro Wilkinson
Commissioner Julie Hullinger
Commissioner Nathan Fisher
CITY STAFF: Community Development Coordinator Bob Nicholson
Development Services Manager Wes Jenkins
Planner II Ray Snyder
Deputy City Attorney Paula Houston
Administrative Professional Linda Brooks
EXCUSED: Council Member Jimmie Hughes
Planner I Craig Harvey
CALL TO ORDER
Chairman Bracken called the meeting to order and welcomed those in attendance. Chairman Bracken led the flag salute.
ZONE CHANGE – PUBLIC HEARING (5:00 P.M.)
Consider a zone change request from R-1-10 (Single Family Residential 10,000 square foot minimum lot size) to A-1 (Agricultural) on approximately 69 acres located generally between the Virgin River and Riverside Drive at about 900 South. The applicants are Mr. Sheldon Johnson and Mr. Kris Johnson, and Mr. Kris Johnson is the representative. Case No. 2012-ZC-011
Bob Nicholson Community Development Coordinator said this request is to rezone approximately 69.93 acres from R-1-10 to A-1 on property generally located between the Virgin River and Riverside Drive at about 900 South. The applicant is asking for the zone change so that he can raise crops as permitted in the A-1 zone. Because the property is within the Virgin River floodplain (& floodway) structures are generally prohibited. Agricultural or recreation use is probably the best use of the property. Currently the property is the subject of code enforcement action due to various commercial and industrial uses of the property, such as the storing of heavy equipment and other industrial materials. The City has encouraged the property owner to pursue other land uses, such as agricultural rather than the present storing of industrial equipment and materials, which the property is not zoned for.
Chairman Bracken asked if the zone stayed at R-1-10 couldn’t they have any agricultural use on the land.
Bob replied they have not been using the land as agricultural for a long time so therefore they would not be able to use R-1-10 zone for farming. If they had been using the land for farming for years then yes, they could continue to farm the land without a zone change.
Deputy City Attorney Paula Houston said that is correct. They have been farming a little piece of it but not the whole parcel.
Commissioner Wilkinson asked if changing the zone will remove all the storage equipment on the parcel.
Bob said the new zone would help with that but it does not guarantee. The zoning will help and Mr. Sheldon can get back to farming the land again.
Mr. Sheldon Johnson the applicant said that is not his equipment on the land. There is equipment that has been sitting there since 1960 but now they want to be rid of it. He spoke highly on Bob Nicholson for his assistance in having the equipment removed. They currently have 12-15 acres in alfalfa.
Commissioner Taylor said the problems with the water from the Virgin River all of these other kind of things make it so the property could never be used for residential. He feels this request for A-1 is appropriate.
MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a zone change request from R-1-10 (Single Family Residential 10,000 square foot minimum lot size) to A-1 (Agricultural) on approximately 69 acres located generally between the Virgin River and Riverside Drive at about 900 South. Commissioner Wilkinson & Commissioner Campbell seconded the motion. All voted aye.
A. Consider approval of a final plat for “Sunland Professional Park” a four (4) lot
commercial subdivision. The representative is Mr. Reid Pope, L.R. Pope Engineering. The property is zoned AP (Administrative Professional) and is located at 491 East Riverside Drive. Case No. 2011-FP-030
Todd Jacobson Project Manager said this site has four existing buildings on it that have been there for several years. The site is currently on one lot and this final plat will put each building on its own private ownership lot with the remaining area (landscaping and parking lot) being common area.
B. Consider approval of a final plat for “Tonaquint Heights Phase 1” a three (3) lot
residential subdivision. The representative is Mr. Jim Raines, Bush and Gudgell. The property is zoned R-1-40 (Single Family Residential 40,000 square foot minimum lot size) and is located on Chandler Drive at approximately 1100 West and 2400 South. Case No. 2010-FP-017
Todd Jacobson Project Manager said this final plat was previously approved by Planning Commission on October 26, 2010 and City Council on November 4, 2010. Because of the economy the developer decided not to move forward at that time and the final plat approval has since expired. This is coming back for re-approval.
C. Consider approval of a final plat for “Whisper Ridge Phase 4” an amended eight (8) lot
residential subdivision. 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 on the northeasterly side of Indian Hills Drive at approximately 1020 West and 1040 South in the Whisper Ridge Development. Case No. 2012-FP-007
Todd Jacobson Project Manager the final plat contains shared access easements on the driveways. These are clearly marked and defined on the plat. This is to minimize the amount of cutting into the hillside and keep the ground as natural as possible. Todd pointed out that they will use the shared driveway access. This will reduce the cut into the hillside.
Commissioner Fisher asked about separating the buildings in Item 2A how does that work with the parking lot.
Todd replied they have always shared the parking lot but now they are going to create a common area. So the parking and landscaping will all be common area.
Deputy City Attorney Paula Houston asked how they are allowed to have a shared easement for access in Item 2C.
Todd said it would be handled through their CC&R’s.
Deputy City Attorney Paula Houston said our ordinance requires them to have frontage on a public or private street, if approved. This is not allowed and she does not know how they can proceed with this request.
Bob said this was discussed during the Preliminary plat process in order to minimize the hillside cut.
Todd said each lot does have frontage off a cul-de-sac. It is kind of a flag lot. This was addressed during the phase of the preliminary plat and was approved. Todd said he will check to make sure that it meets the required 25 ft. staff.
MOTION: Commissioner Fisher made a motion to recommend to City Council approval of the final plats 2A, 2B and 2C read into record and ask that a condition be placed on Item 2C that staff works with the Legal Dept. to satisfy the ordinance in regards to shared access to the lots and authorize Chairman to sign. Commissioner Campbell seconded the motion. All voted aye.
A. Consider a preliminary plat request for “Gazenda Phase 2” to create a one lot (1)
residential subdivision on 7.143 acres. The applicant is Gazenda II, LLC. and the representative is Bush & Gudgell Engineering. The property is zoned A-1 (Agriculture) and is located on 3430 East Street in the SE ¼ of Section 3, T43S, R15W, SLB&M. Case No. 2012-PP-011
Wes Jenkins Community Development Manager said this is a request to create a one lot residential subdivision. The property is located at approximately 3430 East 2300 South. Staff comments are as follows:
1. The proposed access will need to have a paved surface, i.e., concrete or asphalt.
2. A delay improvement agreement between the City and the owner will be required prior to a
building permit being issued. This agreement will list the terms of when public improvements will be required by the owner along 3430 East.
3. The owner is imposing a 243.73 foot setback to the house that is being proposed.
4. The owner will be dedicating to the City 33-feet of their frontage for the future 3430 East
MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a preliminary plat request for “Gazenda Phase 2” to create a one lot (1)
residential subdivision on 7.143 acres. Commissioner Wilkinson seconded the motion. All voted aye.
B. Consider a preliminary plat request for “Royal Pine Estates” to create a twenty-one
(21) lot residential subdivision on 8.639 acres. The applicant is Quality Development and the representative is Bush & Gudgell Engineering. The property is zoned R-1-12 (Single Family Residential 12,000 square foot minimum lot size) and is located on the southwest corner of the intersection of 3000 East and 1140 South. Case No. 2012-PP-010
Wes Jenkins Community Development Manager said this is a request to create a 21 lot subdivision. Staff comments are:
1. A development agreement will be required between the City and the developer. The
agreement will need to address at what point improvements along 3000 East will be required. City staff is recommending that once 50% of the overall lots are platted that the developer will install these improvements. This will allow the developer the opportunity to generate revenue on the first lots for these improvements.
2. The lots along 3000 East will be double frontage lots. These lots will require a 10-foot
landscape strip and a privacy wall along 3000 East. Because the City will own and maintain this 10-foot landscape strip, the developer will be required to have a licensed landscape architect design the landscape strip and the landscape strip will be installed per City standards.
Wes said with this plat process they will be required to do the improvements along 3000 East. Staff has recommended that those improvements be delayed until 50% of the lots have been platted. A development agreement would be required prior to any of the final plats being recorded. Wes said on the west side of the property the applicant will be giving a 20 ft. irrigation easement for the ditch that is currently there. Once the ditch goes away it may stay and be used as a drainage easement. Wes pointed out on the plat map that there is a small section of land that belongs to the Seegmiller’s and the applicant is in the process of acquiring that portion. He said that will have to be dealt with prior to the final plat being recorded.
Deputy City Attorney Paula Houston asked if part of the property that would be included in this preliminary plat is not owned by the applicant. It was discussed if the applicant does not acquire the land from the Seegmiller’s will the applicant still meet all the requirements for this preliminary plat.
Wes said the only thing it would affect is the lot sizes. He believes that it still should meet the lot size requirements.
Deputy City Attorney Paula Houston said they should not proceed if they don’t know the answer to that. She would recommend this item be tabled.
Stacy Young the applicant said the lot size would still meet the standards.
Deputy City Attorney Paula Houston asked if anything would have to be altered if they did not acquire that other piece of land.
Stacy answered no; the preliminary plat would be able to stand on its own without the acquired piece.
Wes said they can make this subject to before it goes to City Council and have them adjust that lot line if they don’t acquire that land before City Council. Along the westerly edge they are only discussing 5 ft.
Commissioner Fisher asked about the landscape strips along 3000 East and if the City will take that over.
Wes said they are 3000 East is a minor arterial road and the City will maintain. The applicant will install the landscape strip and pay the cost over a certain period of time.
MOTION: Commissioner Fisher made a motion to recommend to City Council approval for a preliminary plat request for “Royal Pine Estates” to create a twenty-one (21) lot residential subdivision on 8.639 acres subject to the applicant acquiring the 5 ft. of property on west side of the boundary line prior to City Council and in addition conditioned upon the delay development agreement with the City in regards to the improvements on 3000 East.
DICUSSION ON THE MOTION
Commissioner Taylor asked for a clarification of the motion. He asked if the motion is subject to whether they acquire the 5 ft. or not.
Commissioner Fisher replied that when he states subject to - he is saying if they do not acquire the 5 ft. they have to start all over again. Right now they don’t have the land and they would have to add a new applicant to go with them.
Wes said the applicant would like to do if they don’t get it worked out then they will just pull out that portion of the land and shift the line over to their own property.
Stacy Young the applicant said they would like to proceed as it is platted. By the time they get to final plat stage they will resolve it one way of the other.
Commissioner Fisher clarified in his motion that it would be subjected to the applicant resolving the issue by either acquiring the part of land or omitting it prior to final plat process. Commissioner Taylor seconded the motion. All voted aye.
Consider approval of a roadway vacation for “600 South Street” located between 1000 East and 1100 East. The City is the applicant and representative. Case No. 2012-RVAC-001
Todd Jacobsen Project Manager said this request is for a 20-foot wide roadway vacation. This vacation is located on the south side of 600 South Street between 1000 East Street and 1100 East Street, and is across the street from Dixie Dynasty Apartments. The neighboring properties to the west and east have already vacated the 20-feet of roadway adjacent to their property. By approving this request this will line up the road and sidewalks with the previously mentioned neighboring properties. This request was taken to the Joint Utility Committee and they have approved this request but required a 15 ft. easement be retained for current and future utilities.
MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a roadway vacation for “600 South Street” located between 1000 East and 1100 East and staff comments. Commissioner Taylor seconded the motion. All voted aye.
Consider a request for a hillside development permit for “Castle Rock Subdivision Phase 2.” The purpose of this request is to obtain approval to shift the boundary line of the “No Disturb No Build Area” on Lot 149 by approximately 20 feet to the east on the north side of the lot, and by 10 feet on the south side of the lot. The site is located on Labyrinth Circle. The applicants are Mr. and Mrs. Schulzke and the representative is Bush and Gudgell, LLC. The property is zoned R-1-10 (Single Family Residential). Hillside Permit Case No. 2012-HS-001
Ray Snyder Planner II presented this item to allow for modification or adjustment of the “No-Build/No Disturb” line on lot 149 in the Castle Rock subdivision Phase 2. The applicant is asking for the boundary line is shifted approximately 20 feet to the east of the north side of the lot and 10 feet to the east on the south side of the lot. However, per the Hillside Review Board motion the lot lines shall be adjusted only so that no ‘net’ change shall be made.
Ray said the Hillside Review Board (HSRB) met on site on Wednesday May 16th, 2012 and recommends approval (6:0) with conditions;
The HSRB made a recommendation to approve the request to ‘adjust’ the no-build line on ten feet (10’) at the south end to accommodate as required the proposed home and that no ‘net’ change be made in the overall undisturbed area. It was clarified that this motion is for the ‘entire lot,’ and that a grading plan shall be submitted as required by staff as part of the permitting process. (Adjustment of the “No Disturb” line will result in a larger “No Disturb” area at the north end of the lot).
It was discussed that minimum scarring shall occur.
The applicant stated that rear retaining walls will be no higher than four feet (4’) to five feet (5’) maximum.
The applicant stated that he intends to build with the contour of the land.
Per Section 10-13A-10.C.3 no disturbance ‘common areas’ of a subdivisions area must not be diminished by an individual lot.
Per Section 10-13A-10.A a front setback may be reduced to 20 feet if the slope adjacent to the property is over 15%
Rock fall hazard was discussed by the HSRB. It was felt that the southerly portion of Lot 149 is not threatened, but any hazard would be mostly contained to the northeast corner.
Drainage shall be addressed during the staff grading plan review.
The applicant is aware that he shall comply with the HOA and CC&R’s.
It was explained to the applicant that above 40% is a no build area and that development above 20% is subject to 30% disturbed and 70% undisturbed.
MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a request for a hillside development permit for “Castle Rock Subdivision Phase 2” and the conditions they have imposed on the adjustment such that there is a net zero change to the do not disturb area and those conditions be supported as they approve this hillside permit. Commissioner Fisher seconded the motion. All voted aye.
Meeting adjourned at 6:00 p.m.