June 27 2006 Planning Commission Minutes CITY OF ST. GEORGE WASHINGTON COUNTY, UTAH PLANNING COMMISSION June 27, 2006 PRESENT: Chairman Gil Almquist Commissioner Ross Taylor Commissioner Mike Nobis Commissioner Ron Bracken Commissioner Kim Campbell Council Member Gail Bunker Commissioner Julie Hullinger EXCUSED: Commissioner Chapin Burks CITY STAFF: Deputy City Attorney Paula Houston Community Development Director Bob Nicholson Planner Ray Snyder Engineer Cathy Hasfurther Deputy City Recorder Linda Brooks CALL TO ORDER Chairman Almquist called the meeting to order, welcomed those in attendance. Chairman Almquist led the flag salute. CONSENT ITEMS - FINAL PLATS A. Consider approval of an amended final plat for Millcreek Commercial Center with 11 lots (the original Lot 1 is being divided into 7 lots) located at 850 North 3050 East. Mr. Brandon Whallon, representative. Case No. 2006-FPA-053 B. Consider approval of a final plat for Cottages at Fossil Hills Phase 1 with 17 units located on the east side of River Road near Brigham Road. Mr. Brian Sparks, representative. Case No. 2006-FP-054 C. Consider approval of a final plat for Snowfield Estates with 44 single-family and duplex lots (Lots 1-27 R-1-10 and lots 28-44 are R-2 duplex lots) located on the west side of Valley View Drive and Stonebridge Drive. Jeff Rogers, representative. Case No. 2006-FP-055 D. Consider approval of an amended final plt for Tonaquint West Condo’s Phase 1 Subdivision with 1 commercial lot located at 1600 South and west of Dixie Drive. Mr. Reid Pope, representative. Case No. 2006-FPA-050 PLANNING COMMISSION June 27, 2006 Page Two E. Consider approval of an amended final plat for Shadowbrook Subdivision with 22 lots located at 900 East and 900 South. K. LeRoi Nelson, representative. Case No. 2006-FPA-048 F. Consider approval of an amended final plat for Legacy Phase 8 with 11 lots located on Hampton Road near Canterbury Road. Mr. Ken Hamblin, agent. Case No. 2006-FPA-047 G. Consider approval of an amended final plat for The East St. George Commercial Subdivision located on the corner of Red Cliffs Drive and fronting 2720 East. Jeff Klein, applicant. Case No. 2006-FPA-049 City Engineer Cathy Hasfurther said Snowfield Estates will do an abandonment which will go through a couple of the lots. Staff has agreed to let this move forward. The abandonment needs to go through City Council for resolution. MOTION: Commissioner Bracken made a motion to recommend to City Council approval of the final plats read into record and authorize chairman to sign. Commissioner Taylor seconded the motion. All voted aye. CONDITIONAL USE PERMITS A. Consider a request for a conditional use permit to establish a substance abuse treatment and education facility located within the Ventana Professional Park at 280 North and 1680 East Street. Ms. Carolyn McCullough, applicant. Case No. 2006-CUP-016 Planner Ray Snyder said this was heard at the last Planning Commission meeting on June 13, 2006. At such time it was tabled due to parking requirements being worked out. Ray continued to stated that the applicant received a letter from Larry Belliston stating he has assigned approximately 4 parking spaces per unit. Larry has also gone around and talked to the other businesses in this location. They have welcomed the applicants without any concerns. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a conditional use permit to establish a substance abuse treatment and education facility located within the Ventana Professional Park at 280 North and 1680 East Street. Ms. Carolyn McCullough, applicant. Commissioner Bracken seconded the motion. All voted aye. PLANNING COMMISSION June 27, 2006 Page Three B. Consider a request for a conditional use permit to establish and operate a Day Care within a residence located at the northeast corner of 200 West and 200 North (actual address is 190 West and 200 North). The proposed hours are 5:30 a.m. to 6:00 p.m. Monday through Friday. A maximum of sixteen (16) children are proposed. Mrs. Kristi Edwards, Mrs. Emily Edwards, and Mrs. Danielle Brown, applicants. Case No. 2006-CUP-019 Planner Ray Snyder said the applicants live in a single-family residential neighborhood. The applicant proposes to operate a daycare with 16 children. Presently they do operate a daycare but their enrollment is less than 9 children which does not require a conditional use permit. The applicants will work with the neighborhood to mitigate any drop off and pick up issues. There appears to be a deficient in the parking. Ray said staff has not received any opposition to this request as of the time of this writing. If Planning Commission recommends approval, staff suggests the following conditions: 1. A final fire inspection would be required prior to operation. The applicant shall comply with all Fire Department conditions; such as the posting of fire escape routes, smoke alarms, etc. 2. Parking appears to be deficient for the proposed operation. The Planning Commission will need to determine appropriate number of on-site spaces required. Commissioner Bracken asked how many parking spots are they required to have? Ray replied in the past it has always been up to Planning Commission by the applicant presenting the drop off and pick up area. Staff feels 200 North would be a very busy street for traffic. Danielle Brown applicant said they start at 5:30 a.m. and some of the children stay till 8:00 p.m. (not all the time). Council Member Bunker asked if the only cement for parking is on the north side of the home? Danielle replied that all she has at this time is street parking. She indicated that all the applicants live in the same house with her (one is her sister and the other is her cousin). Commissioner Taylor indicated to the applicant that they are not allowed to park on the lawn. Danielle said she was not aware of that. Commissioner Taylor said he didn’t see how she is going to use her home in the program. Danielle went over the uses of the rooms inside of her home. Commissioner Taylor said he would like to see more of a clear plan in terms on how you intend to manage 16 children. PLANNING COMMISSION June 27, 2006 Page Four Danielle said the Fire Marshall inspected her home last time and since then she has put in smoke detectors and a fire extinguisher. Commissioner Nobis asked how many staff are on duty? Danielle said 90% of time all three of the applicants are there. Danille said she talked with State and they said she could have up to 18 children based on the square footage of their home. MOTION: Commissioner Taylor made a motion to table this item until the applicant comes back with a plan and the number of children she can have based on the decision from the State. Commissioner Campbell seconded the motion. All voted aye. C. Consider a request from EMP Development, applicant, Rosenberg and Assoc. And Premier Design, representatives for permission to construct the “Foremaster Green Condominiums” buildings which would exceed the height limit of 35 feet or 2-1/2 stories per Section 10-7C-4 of the Zoning Ordinance. The applicant requests a maximum ridge height of 42'-2" and an average roof midpoint height of 35'-7". The applicant proposes three story buildings (1st story garage and 2nd and 3rd story residential above). Case No. 2006-CUP-021 Planner Ray Snyder said this came before Planning Commission as a preliminary plat but it was tabled in order for the applicant to do a Conditional Use Permit due to height. Ray said the site did receive a hillside permit back in 2005. Ray presented slides of the location. They will need to do a Site Plan Review, a preliminary plat, and a traffic study. Ray said there is a letter in the Planning Commission’s packet from the City’s Traffic Engineer with conditions. Which will be addressed during the preliminary plat stage. Commissioner Campbell asked where they are measuring the height from? Tim Fry with Premier Engineer said it is measured from the finished grade. Commissioner Campbell said shouldn’t it be measured from the average height of Riverside Drive. Commissioner Campbell feels it is somewhat vague for what they are approving here tonight. Chairman Almquist said Planning Commission could look at each building for the height due to the different level of Riverside Drive. Commissioner Campbell said or take the midpoint of Riverside Drive to acquire the height. PLANNING COMMISSION June 27, 2006 Page Five Tim Fry said the applicant is willing to accept whatever the Planning Commission requires. Bob Nicholson said the ordinance is measured from the adjoining street for each unit. Commissioner Taylor asked the applicant if they were asking for three-stories. Commissioner Bracken said by going with three-stories they can make the housing more affordable. Bob Nicholson said the interior road is a private driveway but the City Engineer said because it needs to connect to the end of the project then it becomes a different issue. Chairman Almquist felt the size of the road is an issue with the height of the building. Commissioner Nobis said there are other factors they need to consider to the issue of the height. Commissioner Nobis said he would be willing to give more height if they showed less units along Riverside Drive. Ben Howell representative of EMP said one reason they are asking for the height is to be able to put the parking underneath the building. Each unit has a two-car garage and an additional guest parking for each unit as well. The garage entry is off the private drive. Ben said they could flip the buildings so it won’t look like the same building - one after another. Ben presented slides of the similar units from a location in California. Ray Snyder said when staff signs off on the construction plans, the Fire Marshall has to sign off on the plans after staff’s review. MOTION: Commissioner Nobis made a motion to tabled this item until the applicant knows the height on each building relative to both streets. Commissioner Campbell seconded the motion. All voted aye. D. Consider a request for a conditional use permit to operate a Christian School utilizing the existing Calvary Chapel church building. Three classrooms are proposed to be used for K-12 classes. The days would be Monday through Thursday 8:15 a.m. to 3:15 p.m. and Friday 8:15 a.m. to 12:15 p.m. The church property is located at 3922 South Pioneer Road. Mr. Jeff Frank, Assistant Pastor, applicant. Case No. 2006-CUP-020 Planner Ray Snyder said a conditional use permit is issued for churches and schools. Their conditional use for the church did not include a Christian School. This is the reason they are before you tonight. There are 88 existing parking spaces. None of the students would drive except future high school students. Presently there are only two 10th graders. There are seven PLANNING COMMISSION June 27, 2006 Page Six existing classrooms in the building. These classrooms are used for Youth and Children’s Ministry on Wednesday evenings during services from 7:00 p.m. to 9:00 p.m. and on Sunday’s from 9:00 a.m. to 12:30 p.m. The applicant desires to use three (3) classrooms on weekdays for the purpose of having grades K-12. The applicant proposes 40-60 students the first school year. Ray said the applicant has requested tonight to see if they could also be approved for a temporary trailer to house employees for their office. This temporary building would be located to the rear of the building. Ray said this could be temporary for a period of time. Ray said in terms of parking for future buildings they will then have to prove that they have parking to accommodate the growth of the building. They are growing and have grown a little bit faster than they planned. They need extra administrator rooms for the teachers. The modular will be behind the building. When they build the new to use the 12 x 60 for office administration. Even if the parking lot that does not come through with the Willows - 1.6 acres of parking if they don’t receive the parking from Willows. Commissioner Taylor said will the portable be used as a classroom. Rick replied no. Commissioner Taylor asked how much time do you think you would need for the portable? Rick said as soon as they move into their addition, there will be no need for the portable. Rick indicated that the portable will look as the current building. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a conditional use permit to operate a Christian School utilizing the existing Calvary Chapel church building. Three classrooms are proposed to be used for K-12 classes. The days would be Monday through Thursday 8:15 a.m. to 3:15 p.m. and Friday 8:15 a.m. to 12:15 p.m. The church property is located at 3922 South Pioneer Road. Mr. Jeff Frank, Assistant Pastor, applicant, and also approval to set up a 12 x 60 portable on the rear side of the building, that it be placed on supports and be removed within 90 days of Phase 2. Commissioner Nobis seconded the motion. All voted aye. PUBLIC HEARING Consider approval of a proposed amendment to the City of St. George Code, Title 10 Zoning Regulations, Section 10-2-1: Definitions, to limit the number of unrelated persons to 3 rather than 4 persons to constitute a family under paragraph B of the “Family” definition. Ms. Gloria Shakesphere, et al, applicants. Case No. 2006-DI-003 PLANNING COMMISSION June 27, 2006 Page Seven Bob Nicholson said Jim McArthur and Gloria Shakesphere have made some calls to other cities and will present their findings tonight. Bob said they are talking about the family definition. Paragraph B is what they would like to see changed tonight from 4 persons to 3 (not related by blood, marriage, adoption). Some cities allow up to 4 and some 3 - that seems to be the average. Jim McArthur said the towns they selected were towns that were similar to our town with colleges. They had problems in the beginning of the change. But now that some of the cities have been into this at least two years it is running smoothly. Jim said Provo stated enforcement is the big issue. Jim said Provo indicated they need housing for students and asked residents to turn their home’s basement’s into student housing. Now that is a problem with parking. Bob said the larger projects it does not affect for student housing but it will be different when it comes to duplexes. Deputy City Attorney Paula Houston said they need to present reasons for this change. Carol Sapp with Southern Utah Home Builders Association said she is a resident of the Sandtown area. She is also chairman of CAT Team 1. She would like to know how many complaints in the City involve college students in the current 4 to a household. How many problems in issues relating to crowding or more than 4 that are non-college related. How many of these cases of non-college related be termed to be something that could be enforced. She would like to know how many are reported complaints and how many are just discussions. How many are based on here say? She feels there needs to be some researched. She has some concerns. She said affordable housing does not exist here in St. George. She feels it should be done right with what the current number of 4 is today. The Board of Realtors is not behind this change. She requested that this ordinance not be passed tonight. Phil Packer lives downtown and said is to maintain the historic area and the family atmosphere. If they continue to make this downtown affordable, it will lose the family atmosphere. Bruce Jensen a downtown resident said across the street from him is a home that is rented out. They have friends that come over. So it is not just the cars that are from the people that live there. It goes beyond the residents when it comes to vehicles. Deputy City Attorney Paula Houston said Provo allows 3 unrelated people and Salt Lake City allows 3 but they allow a permit to have more than that. They are very flexible to allow a relative to live there. PLANNING COMMISSION June 27, 2006 Page Eight Commissioner Taylor said he sees there are some stresses and strains in his neighborhood. Those have come from the investment in the community. He has homes in his area where an investor finds there is a greater profit in renting for different individuals instead of a family. MOTION: Commissioner Taylor recommend to City Council approval to change the definition to 3 he believes it would reduce the financial benefit. Make it equal to a family then they will be able to improve family housing and the neighborhood. Also the relation to parking. DISCUSSION ON THE MOTION Commissioner Nobis said he feels it should be tabled. If you can’t enforce four then how can you enforce three. Why can’t they draft something up in regards to the parking if that is what the issue is. Bob Nicholson said the most complaints come from unrelated residents. Those are where the real problems come from. This is a difficult challenge. Motion dies due to lack of second. MOTION: Commissioner Nobis said he would make a motion to revisit this item to look at ways that they can better enforce 4 unrelated individuals and also look at the parking issue, not so much the living issue. Commissioner Bracken seconded the motion. Commissioner Taylor voted nay Commissioner Nobis voted aye Commissioner Bracken voted aye Commissioner Campbell voted aye Commissioner Hullinger voted aye Motion carries 4 to 1 HILLSIDE DEVELOPMENT PERMIT A. Consider a request for a hillside development permit for Tonaquint Heights Subdivision located west of Tonaquint Drive and south of Tonaquint Terrace Subdivision. SITLA and Quality Excavation, applicant. Case No. 2006-HS-006 Bob Nicholson said this is for Tonaquint Heights at Southgate. They were before you about two months ago for a zone change. Hillside Review Board was on site about a week ago. They did make some recommendations. PLANNING COMMISSION June 27, 2006 Page Nine The following recommendations are; 1. Building construction envelopes are to be shown for each lot on the preliminary plat. 2. Open Space/no disturb areas are to be fenced with orange grid temporary fencing. 3. Road cut mitigation; the applicant proposes that surplus rock be stacked and laid on the cut slopes on the sides of the roads to cover cuts and fills. 4. Road right of ways shall be fenced with temporary fencing during excavation work. 5. Road “K” values must be met for the proposed public roads. Bob said staff comment is that all walls, setbacks and height subject to City standards and ordinance. Chairman Almquist said the City Council also made a field trip to this site. They are also feeling that the rocks that show a little above ground and larger rocks should be preserved. Bob said there will be note on the plat indicating the no disturbed areas. Commissioner Campbell would like to see the area between the houses protected somehow during the construction phase. Bob said the construction envelope will need to be shown on the plat. Ryan Thomas with Bush and Gudgell said the area between the lots will be disturbed. The pads on the plat also have a side yard which is also shown the pad. There will be fences up so the construction trucks cannot go into certain areas that are not allowed to be disturbed. Ryan said their intent is to be light on the land and disturb as less as possible. They are after the same goal as the City. Brent Burgess said they want to build this project with limited impact. Around the pads will be a private yard for that lot. There will be CC&R’s that will be very restricted. They will be very limited what they can do with their green space on their lot. MOTION: Commissioner Nobis made a motion to recommend to City Council approval of a request for a hillside development permit for Tonaquint Heights Subdivision located west of Tonaquint Drive and south of Tonaquint Terrace Subdivision. SITLA and Quality Excavation, applicant, subject to the hillside review comments. Commissioner Taylor seconded the motion. All voted aye. PLANNING COMMISSION June 27, 2006 Page Ten B. Consider a request for a hillside development permit to extend a road side hillside cut to increase the site visibility along Indian Hills Drive located at approximately 860 South Indian Hills Drive, across the road from the new West Bend Subdivision. City of St. George, applicant. Case No. 2006-HS-007 Jay Sandberg City Engineer said when the original plat was approved they had a 300 ft. site. They looked at the site and the area that could be disturbed. They determined that it was very minimal of what would be disturbed. One of the comments made was to make the line of site adequate. The Hillside Review Board approved the cut. Jay said to get the additional cut for the 500 ft. is why they are here tonight. They tried to minimize the cut as much as they could. Jay said the Hillside Board recommended that staff look at the Whisper Ridge subdivision. The geotechnical engineer said the 1-1/2:1 cut slope vs. a 1:1 cut slope, and determined which one would apply. Commissioner Campbell asked if there will be any dressing on the cut into the hillside. Jay replied there will be a scar but they can make it a nice clean slope. Jay said there is a little bit of give from roads and cuts. Bob Nicholson said they have always preferred a deeper cut. This has been done for other developers. Chairman Almquist said this is an existing road and they are trying to solve the sight problem. This is not a developer coming in and putting in a new road. MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a hillside development permit to extend a road side hillside cut to increase the site visibility along Indian Hills Drive located at approximately 860 South Indian Hills Drive, across the road from the new West Bend Subdivision. City of St. George, applicant. Commissioner Bracken seconded the motion. All voted aye. DETERMINE USE Determine whether a metal recycling facility is a permitted use in the Ft. Pierce Industrial Park (M-1 Zone). The property is lot 54B. Dixie Metal Recycling is the applicant. Case No. 2006-DU-004 Planner Ray Snyder said based on this request Metal Recycling is not listed as a permitted use in the Manufacturing Zone. But the section does state that “other uses similar to the above and judged by the Planning Commission to be in harmony with the intent and purpose of the zone.” PLANNING COMMISSION June 27, 2006 Page Eleven Ray said the applicant has a request for a larger facility. Ray presented a letter from Dixie Metal Recycling and read off the 9 items that will be met by them if they are allowed to move into the Ft. Pierce area. Deputy City Attorney Paula Houston said it is important to look at the stated purpose. Elizabeth Whitlock with Carter and Burgess said the applicants are here tonight if you have any questions. The building they will be moving to will be a little bit larger. The applicant said the building they are currently in is leased. Before they chose Ft. Pierce they had a meeting with Jennings. They wanted to make sure that they fit into Ft. Pierce area before they purchased. They have a copy of the CC&R’s for the Ft. Pierce area. Elizabeth said the other three sides are vacant next to the location they are proposing. The applicant does not handle any toxic materials. The new location will be entirely fenced. MOTION: Commissioner Bracken made a motion finding that this use is similar to a warehouse and would blend with the rest of the uses in Ft. Pierce and recommend approval. Commissioner Hullinger seconded the motion. All voted aye. SITE PLAN/BUILDING ELEVATION A site plan and building elevation review for two (2) proposed buildings with adjacent parking facilities to accommodate retail/office and service commercial usage, located at the southeast corner of the intersection of Blackridge Drive and 1470 South Street in a PD Commercial zone. Southland Electric, applicant. Case No. 2006-SPBE-008 Planner Ray Snyder said this applicant wants to do two buildings. The City Traffic Engineer felt comfortable with this request coming before Planning Commission tonight. What Planning Commission is looking at tonight is the color of building. It was discussed why this was an addendum item. Ray explained it was held up because of waiting for approval from trafficking. Jeremy Call said this is a steep site. The top floor will be retail and the bottom floor service (such as the retail center outlet). The parking was based on the maximum they could get out of the parcel. As far as the driveway access there is an existing one on the south side. PLANNING COMMISSION June 27, 2006 Page Twelve Commissioner Campbell asked about the height of the building and the number of stories. Campbell asked if they are looking down on the roof. Jeremy said no, at the corner you are almost level with the elevation of the building. Jeremy said they would like to be approved for the 1st building and come back in two weeks for the second building. The 2nd building faces the parking lot. Commissioner Campbell said the board has the rendering of the 1st building but not the 2nd building. They could approve the 1st building but without seeing the 2nd building rendering they would not be able to approve the 2nd building. Dan Derek the applicant said the 2nd building will be the same rendering and designed as the first building. The 2nd building will be an office/warehouse. Jeremy Call said they can come back in two weeks and presented the 2nd building. Jeremy said if he has to come back for the 2nd building approval then he might as well wait and do the whole development in the next two weeks. Planning Commission asked Jeremy to give the board an idea to what the 2nd building will look like. MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a site plan and building elevation review for two (2) proposed buildings with adjacent parking facilities to accommodate retail/office and service commercial usage, located at the southeast corner of the intersection of Blackridge Drive and 1470 South Street in a PD Commercial zone, Southland Electric, applicant, with the condition that the elevation for the second building will be shown to City staff and found suitable with the comparison of the description given to Planning Commission tonight. Commissioner Campbell seconded the motion. All voted aye. Meeting adjourned at 7:50 p.m.