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October 23 2007 Planning Commission Minutes

CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
October 23, 2007 - 4:00 p.m.


PRESENT: Chairman Gil Almquist
Commissioner Ron Bracken
Commissioner Chapin Burks
Commissioner Ross Taylor
Council Member Gail Bunker
Commissioner Mike Nobis
Commissioner Julie Hullinger
Commissioner Kim Campbell

CITY STAFF: Community Development Director Bob Nicholson
Assistant City Attorney Joseph Farnsworth
Planner Ray Snyder
Planner John Willis
Engineer Cathy Hasfurther
Deputy City Recorder Linda Brooks


CALL TO ORDER
Chairman Almquist called the meeting to order and welcomed those in attendance. Chairman Almquist led the flag salute.

Chairman Almquist stated there is a change in the agenda for this evening. Items 4B, 5B and 6A will not be heard tonight because they were required to notify neighbors on some of those items sooner than they were to get the notifications out. These should be heard on the next meeting on November 13, 2007.

CONSENT ITEMS - FINAL PLATS

A. Consider approval of an amended final plat for Stone Cliff Townhomes Plat “C” a 24-unit townhome subdivision located at 2240 East and 1800 South (Stone Cliff), the zone is PD (Planned Development). Mr. Reid Pope, representative. Case No. 2007-FPA-050

City Project Manager Todd Edwards said the purpose of this amendment is to combine lots 4 & 5 into a larger lot 4 and eliminating lot 5. Also, enlarging lot 3 to match existing home. No other changes were made to the plat.

Assistant City Attorney Joseph Farnsworth said that because all of the property owners have not yet given consent this plat will be set for a public hearing. City staff has talked to the representative from the HOA tonight and he is fine with that. This will go to City Council for public hearing but the date has not been set.

PLANNING COMMISSION
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Page Two


MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of an amended final plat for Stone Cliff Townhomes Plat “C” a 24-unit townhome subdivision located at 2240 East and 1800 South (Stone Cliff), the zone is PD (Planned Development). Mr. Reid Pope, representative. Commissioner Campbell seconded the motion. All voted aye.


B. Consider approval of a Road Dedication Plat for the construction of Ft. Pierce Area 2 encompassing an area on the west side of River Road from 4500 South to 4700 South and from 500 East to 1000 East. City of St. George, applicant. Case No. 2007-FP-044

C. Consider approval of a Road Dedication Plat for the construction of Medical Center Drive (behind the hospital) from approximately 1700 East to Foremaster Drive (from 500 South to 700 South). City of St. George, applicant. Case No. 2007-FP-25

D. Consider approval of a Road Dedication Plat for the construction of 1470 East Street from the present termination in front of the Marriott Hotel to the intersection with Medical Center Drive (from 200 South to 500 South). City of St. George, applicant. Case No. 2007-FP-024

MOTION: Commissioner Burks made a motion to recommend to City Council approval of Items B, C and D and authorize chairman to sign. Commissioner Nobis seconded the motion. All voted aye.


REDUCED SETBACK (A)

Consider the reduction of the required ten foot (10'-0") side yard setback on the west property line to a zero foot (-0-) setback for lot 7B in the Ft. Pierce Industrial Park. The property is zoned M-1 (Industrial). Warren Energy Services, applicant. Case No. 2007-RS-003

City Planner Ray Snyder said this request is for a reduction of the side yard setback to a zero ft. on the west property line. The property is located in the Ft. Pierce Industrial Park on Lot 7B at 1600 East Circle. The zoning is M-1 (Manufacturing). The setbacks on the front will be 60 ft., the side 10 ft., street side 60 ft. Staff recommends approval of the reduced setback.

Mark Burgess representative said they did take the plans through to have the utilities abandoned. The City did not see a problem with abandoning the easements. All the drainage comes through to the front of the applicant’s property.



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City Planner Ray Snyder said if Planning Commission approves this request this evening then staff will request a Site Plan Review and a Joint Utility letter for their file.

Mark Burgess said there is a road to the rear that will be used for emergency vehicles.

Development Project Manager Bill Swensen said the Fire Department has signed off on the plans for a -0- lot line. Dixie REA is currently reviewing it. Bill said they don’t foresee any problems with this request.

Mark Burgess pointed out that Warren Energy keeps their propane tanks in the rear of the property.

MOTION: Commissioner Taylor made a motion to recommend approval of the reduction of the required ten foot (10'-0") side yard setback on the west property line to a zero foot (-0-) setback for lot 7B in the Ft. Pierce Industrial Park. The property is zoned M-1 (Industrial). Warren Energy Services, applicant, include staff comments and to obtain a letter from the JUC for staff’s file. Commissioner Bracken seconded the motion. All voted aye.


CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit to convert a motion picture theater into a performing art theater building with a height exceeding the allowed height of 35 feet located at 214 North, 1000 East. Property is zoned C-2 (Highway Commercial). St. George Musical Theater, Mr. Les Stoker, architect/representative. Case No. 2007-CUP-019

Note: Also associated with this request is shared parking (Case No. 2007-SHP-002).

City Planner Ray Snyder said this is a request to convert an existing motion picture theater into a performing art’s theater building and also a request for approval of shared parking for the theater. This theater will typically operate in the evenings. The site is surrounded by commercial businesses to the north, west, and south. The east is the industrial park. The approximate proposed heights are as follows; forty-two ft. four inches (42'-4") to the highest point of the roof; thirty-nine ft. ten inches (39'-10") to top of roof ridge, and the average roof mid-point (between ridge and metal decorative beam) would be thirty-seven ft. one inch (37'-1").

Ray went over the requirements for shared parking. There was discussion on the other businesses there and their hours of operation.


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Council Member Bunker asked about the back side of the building. Les Stoker architect on the project said the back of the building will have an Efis coating with a band around the top. Council Member Bunker pointed out that the back of the building can be seen from the freeway, it would be nice if they could add some interest to it. Les said the Conditional Use is for the height of the building not for the color he thought.

Assistant City Attorney Joseph Farnsworth said there are findings that play a role with a Conditional Use Permit and one of those findings is what kind of visual impact the required height makes. He said that is something that Planning Commission can take into account with a Conditional Use Permit in how the building will look.

Chairman Almquist suggested he have the colors for the side and rear of the buildings ready to review during City Council.

MOTION: Commissioner Burks made a motion to recommend to City Council approval for a conditional use permit to convert a motion picture theater into a performing art theater building with a height exceeding the allowed height of 35 feet located at 214 North, 1000 East. Property is zoned C-2 (Highway Commercial). St. George Musical Theater, Mr. Les Stoker, architect/representative. The negative impact of the heights mitigated by the aesthetics which far surpass what the building looked like previously. The applicant needs to have color renderings for rear, north and south sides of the building for City Council. Commissioner Bracken seconded the motion. All voted aye.




MOTION: Commissioner Burks made a motion for approval of the shared parking agreement. Commissioner Nobis seconded the motion. All voted aye.


B. Consider a request for a conditional use permit to construct a professional office building with a height exceeding 35 feet located at 501 North Bluff Street. The proposed maximum height is forty-two feet (42'). The property is zoned C-3 (General Commercial). Brown Engineering, representative. Case No. 2007-CUP-020

This item will be heard on November 13, 2007.

BDCSP (BUILDING DESIGN CONCEPTUAL SITE PLAN)

A. Consider a building design and conceptual site plan (BDCSP) to construct a car dealership parking structure located at the intersection of 1700 South Street and Blackridge Drive. The zoning is PD (Planned Development). Steven Wade, applicant. Case No. 2007-BDCSP-004

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City Planner Ray Snyder said this is to construct a car dealership parking structure in the PD zone. Previously a parking lot was approved by a Site Plan Review for the same area. This case in now before the Planning Commission because it is a proposed structure in the PD zone. The proposed parking structure will be two levels. The upper level would be at approximately the elevation of Blackridge Drive. A photometric plan is required with a Site Plan Review. Pole lighting shall be of a “dark sky” style with no lens protruding below the side perimeter of the fixture. The light levels are to be verified by a light meter prior to occupancy.

Staff suggested the following;

1. The structure, colors, and materials shall be per October 23, 2007 submittal to Planning Commission.
2. The parking structure is approved for two levels as presented.
3. A Site Plan Review application along with 4 sets of plans shall be submitted to the Development Services Dept. for standard plan check review.
4. Provide a photometric plan.
a. Pole lighting shall be of a “dark sky” style with no lens protruding below the side perimeter of the fixture.
b. The light levels are to be verified by a light meter prior to occupancy.
5. Any signage shall be under separate permit.
Traffic Conditions
1. Meet the requirements of the City Traffic Engineer.
2. Meet the requirements of the State of Utah Department of Transportation UDOT).
3. All signing and striping shall conform to the City of St. George and MUTCD standards.

Bill Western architect for Steven Wade said yes, they do plan on putting up display pads. The display pads are basically the same elevation as the upper deck of the parking facility.

Commissioner Taylor asked about the lighting on the upper level of the deck. Bill said they will provide a photometric plan to the City.

Chairman Almquist asked about the landscaping for this site. He would like to suggest that the part of the building that backs Blackridge Drive have more landscaping. Blackridge Drive is a well used street by the public and it would be nice if they didn’t have to look at bare land and a few bushes. Bill said he will address that with Mr. Wade. He doesn’t believe he will have a problem with that.




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MOTION: Commissioner Campbell made a motion to recommend to City Council approval include staff comments and clarify that the landscaping on the two sides of this parcel meet compliance with what Planning Commission sees on the other public streets with the exception of lawn. They expect to see scrubs and trees as noted in the C-6 landscaping plans. Commissioner Hullinger seconded the motion. All voted aye.


Chairman Almquist stated it is now 5:00 p.m. which requires us to hear the public hearings at this time.

GENERAL PLAN AMENDMENT - PUBLIC HEARING (5:00 P.M.)

Consider an amendment to the City General Plan Land Use Map. The applicant would like to go from LDR (Low Density Residential) to MDR (Medium Density Residential) and NC (Neighborhood Commercial). The area is approximately 22.08 acres and is located at the southeast corner of the intersection of River Road and 2450 South Street. The project is called “Heritage Farms.” Mr. Monty Bundy, applicant. Case No. 2007-GPA-004

Community Development Director Bob Nicholson said this is on the southeast corner of River Road and 2450 South. This is a request to change the density from Low density residential: 1-4 units per acre to Medium density residential which could be anywhere from 5-9 units per acre and a 2 acre commercial center. Back in July 2007 this item was heard and was tabled for more information. This action tonight is not a zone change. This could be a follow-up after the General Plan is heard and maybe approved. The applicant would like to get 6.3 homes per acre so that is a range from 120 to 127 homes. Bob said when you look at the General Plan that is an increase of approximately 45 homes. In terms of utility capacity, he talked with the City’s Water and Power Department, that would not be a significant change in terms of impact to the City’s system. He said the same would be true for traffic. Today the traffic department provided some information. They did a traffic count back in April 2007, that intersection was counted from 6:30 a.m. to 5:00 p.m. just short of 5,000 cars through that intersection. By the year 2030 they project River Road to be carrying about 28,000 cars. A minor help to River Road will be the bridge over Virgin River and 3000 East. That bridge is currently in design and should be out to bid next summer. Bob said they are talking about density this evening. When you look at the big picture, which is more important design or density. Well, often it is the design. But tonight they are really talking numbers. It is designated as low density and the applicants would like to bump that up to medium density. The other important factor is what the project is and what do the home’s look like. Housing prices in St. George have risen and when they talk about obtainable housing they talk about medical workers, teachers, the middle class workers.


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Bob said adjacent to Jedora Estates they are proposing a row of houses being on 8,000 to 9,000 sq. ft. lots for single-family homes. That is an attempt to buffer Jedora Estates.

Brock Johnston representative with Rainey Homes said they have changed the number of units and the layout of the subdivision since they were here last. Brock said they wanted to create a project that would enhance the area. They want to target a market for a resident that has two incomes and can obtain a home.

Tyler Hoskins with Hoskins Engineering and Development said 2450 South and River Road are both arterial streets with plenty of capacity for this project. They will mitigate the traffic such as decel lanes, turn pockets, signals whatever is required for that location. He has studied the General Plan and one of the trends they see is the fact that in the area in town where they see more traffic specifically where two arterial streets meet such as 2450 South and River Road. They are seeing a general trend of those areas going to higher density product and/or commercial type product. This is what they are suggesting here according to what the General Plan has been in the past. He feels the design trumps density. He said in his opinion it doesn’t matter necessarily what the density is as long as it is within the General Plan. Tyler said they have a project in Salt Lake called Daybreak Subdivision and they are using that as their model for this project.

Brock Johnston said he met with a few of the neighbors in Jedora. They had some input on this project and hopefully they will see that they have incorporated some of their input into this project. The homes range from 1,300 sq. ft. to 2,500 sq. ft. He presented a slide project of Daybreak in South Jordan, Utah. He pointed out the homes are closer together but still has that neighborhood feeling. He pointed out there will be some parks and trails. Brock said the bottom line is they have a long standing with the northern part of Utah. They will do everything in their power to make this a wonderful subdivision. This community is not meant to be the same as Jedora. He would hope this would enhance their value. The two major arterial roads throughout the subdivision are public streets.

Council Member Bunker asked if the alley ways in Daybreak have been successful. Brock said they have been very successful. Brock said one problem the residents see is that there is no parking on that alley way.

Zachary Weiland will speak as the neighborhood representative for Jedora residents Zac said they did not find out about this proposed change until they received the letter from the City. He pointed out that when it came to the neighborhood meeting Rainey Homes just sent me an e-mail and told me to spread the word. This is not about design, this is about money. The area where he lives is walking distance to the school. There are some areas where sidewalks don’t exist. He feels this plan will endanger lives. Rainey Homes turned in their plans one week before they met with the neighborhood. Please do not change the plan.

PLANNING COMMISSION
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A resident who lives in Foothills and works with the Fire Department stated they would not be able to get the fire trucks in those alley ways.

Gary Sorensen who lives in Quail Valley said they need to worry about future development and the traffic on River Road.

Christy Frank said she is against this project. Her concern is with supervision of the children when both parents are working to afford these homes. What would that do to their neighborhood. She feels it would create more crime.

Corey Jenkins lives in Jedora and is a real estate agent. He said people who work as laboror’s and earn $9.00 or $10.00 an hour will not be able to buy one of these homes.

Trevor Holt said he spent some time reading the General Plan. The issue is how will this impact the General Plan. He said one of the problems with this type of development is there is no privacy. He pointed out that River Road and 2450 South will be the main access to the new airport. This is about density it is not about design. He spoke on the neighborhood commercial on the corner. He feels they don’t need more commercial in this area. He read part of the General Plan into the record.

Connie Muir said in her area there is a great amount of rentals. She said the applicant said this is a whole new concept of living. She is here to state that it is not.

Mike McGregor said he would want everyone to look to the future. The vast majority of these type of development’s turn into an eyesore after a while. The intersection of River Road and 2450 South is a very dangerous intersection. He wants to look at the long term of this not the short term.

Glen Bundy said if this project is developed why can’t it be developed the way it is zoned which is R-1-10.

Mary Anne Marilea spoke on the garbage trucks coming down the alleyway with only one way out. She mentioned if they have teenagers living at home with a car, where would they park?

The public wanted to know why the City is considering this request. Community Development Director Bob Nicholson said this is simply democracy, the developer has the right to bring this request to the City. People need to realize that developers have the right to come forth.

Mike McGregor said the biggest problem he sees is the lack of being informed by this type of meeting.
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Public hearing closed at 6:45 p.m.

Brock Johnston said he spoke on Zachary Weiland more so than others in the neighborhood. He said General Plans have been amended throughout history. He said if there were high end homes on this parcel no one would want to buy them due to this busy corner. He pointed out that since he has completed the project Daybreak with alleyways there were no statistics in which crime has risen. If this goes through the PD process then the City has the ability to do a development agreement that dictates what type of units. Whereas if it is not that way, maybe the subdivision ends up being a place where no one maintains their landscaping.

Council Member Bunker asked about guest parking and additional cars in the family. How will you address that? Brock said if there are more than 2 vehicles then it would not be conducive to live in this community. This would have the same issue if it was single-family homes on 10,000 sq. ft. lots with a 2-car garage.

Commissioner Taylor said some of the concerns that came up tonight was that some of these units would turn into rentals. In places like Daybreak and others where affordable housing is the intent what guarantees are there that these won’t be purchased from an investment company? Brock said there is never a guarantee that a person cannot rent their home out.

MOTION: Commissioner Nobis made a motion to deny this request for an amendment to the City General Plan Land Use Map. The applicant would like to go from LDR (Low Density Residential) to MDR (Medium Density Residential) and NC (Neighborhood Commercial). The area is approximately 22.08 acres and is located at the southeast corner of the intersection of River Road and 2450 South Street. The project is called “Heritage Farms.” Mr. Monty Bundy, applicant. Commissioner Taylor seconded that motion. All voted aye.


HILLSIDE DEVELOPMENT PERMIT

B. Consider a request for a hillside development permit for a storage yard expansion on approximately 2 acres located off River Road behind the existing Sun Roc block plant. The front (where the existing block plant is located) is M-1 and the rear is PD (part of the Fossil Hills Master Plan). Sun Roc, applicant. Case No. 2007-HS-009

Planner Ray Snyder presented this item for Sun Roc. The request is to construct a paved area for additional storage space. The Hillside Review Board did a site visit on October 17, 2007. They were looking at the safety and stability of the rock. It is next to a manufacturing site. The Hillside felt they would recommend approval for this. The area is not in the Hillside Overlay area. The top of the hill shall remain undisturbed. The applicant should resolve this with staff. If you approve this, they need to submit the zone change application. The applicant knows they need to do this.

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Ray stated that the proposed block storage lot area has been previously disturbed. The applicants began grading without a permit and a stop work order was issued. The area is outside of the hillside overlay area, but is within the geologic hazard area. Slope ranges and disturbance will need to be reviewed by the Hillside Review Board. Staff has a concern about the 40% areas shown. Ray said staff recommends that an approved “No Disturb” area be designated on the slope map. Orange fencing needs to be installed to indicate limits of disturbance.

Rob Reid with Rosenberg Associates said the Hillside Review Board wanted to see if they could reduce the amount of disturbance to the hill. That is where the proposal came to go more vertical. So they didn’t lose any storage area. They could go vertical if the material is stable enough and they won’t know that until it is under construction. They are currently in the process to amend the PD zone to change the use of the area. He would like to see this go forward with it condition placed upon the motion for a PD zone amendment to take place.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a request for a hillside development permit for a storage yard expansion on approximately 2 acres located off River Road behind the existing Sun Roc block plant. The front (where the existing block plant is located) is M-1 and the rear is PD (part of the Fossil Hills Master Plan), with staff comments. Commissioner Bracken seconded the motion. All voted aye.


LOT SPLIT

Consider a lot split request to divide one parcel into two for property located at 167 South 500 East. The existing lot is 17,424 sq. ft. The proposed lots would each be 66 ft. wide by 132 ft. in depth. Each lot would be 8,712 sq. ft. The property is zoned R-1-8 (Single Family Residential 8,000 sq. ft. minimum lot size) and is located in the central city area. This request complies with Section 10-7B-6H which permits a minimum lot width of 65 ft. The request is made to accommodate a single family home construction. Case No. 2007-LS-006

Planner Ray Snyder said the request is to accommodate a single-family home construction. The zoning for this parcel is R-1-8. A zoning regulation amendment was completed but a lot split was not submitted for this site. The zoning regulation is 10-7B-6 under Modifying Regulations. After the zoning regulation was approved the applicant did not follow through and split the lot.

Staff recommends approval with the following standard conditions;
1. Provide separate deeds for each created parcel.
2. In addition to the legal descriptions that appear on the Record of Survey provide the City a legal description for each parcel.
3. A utilities and drainage easement shall be completed, notarized, and recorded.
4. The applicant shall submit for review all legal documents to the City Attorney’s Office.

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5. Approval for septic tank by City Council is required.
Traffic Engineering Conditions
1. All access issues shall be resolved with the City Traffic Engineer.
2. Install standard street improvements (curb, gutter, etc.).

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a lot split request to divide one parcel into two for property located at 167 South 500 East. The existing lot is 17,424 sq. ft. The proposed lots would each be 66 ft. wide by 132 ft. in depth. Each lot would be 8,712 sq. ft. The property is zoned R-1-8 (Single Family Residential 8,000 sq. ft. minimum lot size) and is located in the central city area. This request complies with Section 10-7B-6H which permits a minimum lot width of 65 ft. The request is made to accommodate a single family home construction and include staff comments. Commissioner Burks seconded the motion. All voted aye.


ZONING REGULATION AMENDMENTS - PUBLIC HEARING (5:00 P.M.)

A. Consider a zoning regulation amendment to amend the St. George City Code, Title 10 zoning Regulations, Chapter 7 Article C “Multiple Family Residential Zones” Section 10-17C-5 to add 10-7C-5 (3) provisions for detached homes on building pads with common area. City of St. George, applicant. Case No. 2007-ZRA-014

Community Development Director Bob Nicholson said right now in an R-3 and R-4 you can build apartments, townhomes or condominiums. One of the things right now technically under the language what you can’t build is a single-family detached home on less than 6,000 sq. ft. The purpose of this request is to establish standards for detached homes on building pads with common area in the R-3 and R-4 zone. Currently the R-3 and R-4 zones do not accommodate building pads (patio homes) with common area. This amendment would provide provisions to allow patio homes. The new language would appear as follows;

3. In the R-3 and R-4 zones, projects with individual building pads and common or limited common areas may be approved subject to the following standards:
a. Density shall not exceed the above limitations;
b. Land outside the building pad (approximate building footprint) is designated as common or limited common area and a Home Owners Association is to be established to maintain the common and limited common areas.
c. Building setbacks, fencing, and retaining wall restrictions shall be the same as for the Planned Development residential zone.

Bob said this is based on a similar request from Linda Kirkpatrick for The Flats at South Pointe.


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MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a zoning regulation amendment to amend the St. George City Code, Title 10 zoning Regulations, Chapter 7 Article C “Multiple Family Residential Zones” Section 10-17C-5 to add 10-7C-5 (3) provisions for detached homes on building pads with common area. City of St. George, applicant. Commissioner Bracken seconded the motion. All voted aye.


Chairman Almquist recognized member of Troop 217.

B. Consider a zoning regulation amendment to amend the St. George City Code, Title 10 zoning Regulations, Chapter 7 Article C “Multiple Family Residential Zones”, Section 10-17C-7 “Modifying Regulations” to add 10-7C-7 (I) to reduce separations between 2-story buildings from 15 ft. to 10 ft. and a zoning regulation amendment to amend the St. George City Code, title 10 Zoning Regulations, Chapter 8 “Planned Development Zone” Section 10-8-5 “Residential Standards” to add 10-8-5 (D) (2)(a) to reduce separations between 2-story buildings from 15 ft. to 10 ft. Bush & Gudgell, applicant. Case No. 2007-ZRA-015

Planner John Willis stated that the purpose of this request is to reduce the separations between 2-story buildings from 15 ft. to 10 ft. This request was generated by Bush and Gudgell. John read into the record, the new language regarding side yard setback or building separation for detached units.

Multiple Family Zone 10-7C-7I

I. Building separation for detached units and group dwellings: Where there is common or limited common area between structures and no fence or retaining wall over three feet (3') exists between units. Structures shall be built in accordance to the provisions of the current international residential building code;

Commissioner Taylor asked how was it decided to be 15 ft when this was originally done. Bob Nicholson replied that 15 ft. has been on the books for a long time. He is sure that it had something to do with aesthetics. Bob pointed out that this separation is not between property lines, this is the situation when you have common area between units that they are requesting 10 ft. The reason for the separation is to prevent the fire jumping from one unit to another.

Jim Raines with Bush and Gudgell said he requested this amendment. Jim said his company has done over 2,000 townhome projects the last eight months. He pointed out that Daybreak can have a 3 ft. separation between units. He said a TND allows 5 ft. side yard setbacks (which is 10 ft. between units).


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Jim said they would like a 7-1/2 ft. separation but he would be fine with the 10 ft. separation. Jim said they have met with Kevin Taylor Deputy Fire Marshall and he said he is fine with the 10 ft. separation.

Linda Kirkpatrick said on the comments from the previous public meeting, Kevin Taylor Deputy Fire Marshall said he doesn’t find that the Fire Department fights statistically high number of fires rescuing people from a single story garage. She said she can’t say for certain that the Deputy Fire Marshall gave his full support on the 7-1/2 ft. separation between units. He didn’t indicate a huge problem with the 10 ft. separation. Linda said she is asking for 7-1/2 ft. consideration for only the garage area. They are not asking it for the two-story but if that tends to be a problem they would like to move forward with this project and would allow that 7-1/2 ft. to be put aside if Planning Commission felt so.

Carol Sapp said she is not representing any developer. As a member of DIACC and Dixie Steering Committee one of the hurdles they are going to face is to convince the City Council to what they should do to follow that plan in changing some of the things they have been doing. Products like this are going to be coming forward. She feels that they have something here that is safe and designed well, this is one of the first examples coming out of the Vision Dixie process.

John said the change in this ordinance will affect City wide.

Steven Schffield said he developed Boulders. There are about 40 homes. They were required to have a minimum of 10 ft. as he evaluates the cost and if they could do it again at 7-1/2 ft. apart that would enable them to increase their density with the same development costs. That would give them the ability to reduce their costs by $20,000. It would have a direct impact on the units. If this is done well, it will have a great impact on the development and its costs.

MOTION: Commissioner Taylor made a motion to recommend approval to City Council for a zoning regulation amendment to amend the St. George City Code, Title 10 zoning Regulations, Chapter 7 Article C “Multiple Family Residential Zones”, Section 10-17C-7 “Modifying Regulations” to add 10-7C-7 (I) to reduce separations between 2-story buildings from 15 ft. to 10 ft. and a zoning regulation amendment to amend the St. George City Code, title 10 Zoning Regulations, Chapter 8 “Planned Development Zone” Section 10-8-5 “Residential Standards” to add 10-8-5 (D) (2)(a) to reduce separations between 2-story buildings from 15 ft. to 10 ft. Added to the motion was rear yard fencing would be allowed if it did not block the fire access. Commissioner Hullinger seconded the motion.

Commissioner Campbell voted nay Commissioner Hullinger voted aye
Commissioner Taylor voted aye Commissioner Burks voted aye
Commissioner Nobis voted aye Commissioner Bracken voted aye
Motion carries with a 5 to 1 vote in favor

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C. Consider a zoning regulation amendment to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 19 “Off Street Parking Requirements,” Section 10-19-3 to add 10-19-3 (B)(6) to allow garages to be accessed from a 20 ft. rear alley. City of St. George, applicant. Case No. 2007-ZRA-016

Community Development Director Bob Nicholson stated that the purpose of this request is to establish standards for garages accessed from an alley. Bob said in the RCC zone they do have an alley provision but there are no other provisions for this elsewhere. Bob read the language that will be added to Section 10-19-3:B6 Off Street Parking Spaces;

6. Garages accessed by a twenty foot (20') wide paved rear alley shall have a minimum five ft. (5') setback from the alley, provided the dwelling fronts on a public street. A twenty foot (20') garage setback shall be required when the dwelling fronts on a private street, unless the private street is built to City Standards for public street pavement width. In which case a garage may have a five foot (5') setback from the alley.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a zoning regulation amendment to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 19 “Off Street Parking Requirements,” Section 10-19-3 to add 10-19-3 (B)(6) to allow garages to be accessed from a 20 ft. rear alley. Commissioner Nobis seconded the motion. All voted aye.


D. Consider a zoning regulation amendment to amend the St. George City Code, title 10 Zoning Regulations, Chapter 7 “Residential Zones” Article “A” Residential Estate Zones, Section 10-7A-3 “Conditional Uses,” to incorporate “Child Nursery” as a conditional use permit and Chapter 5 “Agricultural Zones”, Section 10-5-3 “Conditional Uses” to incorporate “Child Nursery” as a Conditional Use Permit. Case No. 2007-ZRA-017

Planner Ray Snyder said the purpose of this request is to establish zoning consistency with other single-family zones. This request originated from a couple that wanted a daycare in Crimson Cliffs.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval of a zoning regulation amendment to amend the St. George City Code, title 10 Zoning Regulations, Chapter 7 “Residential Zones” Article “A” Residential Estate Zones, Section 10-7A-3 “Conditional Uses,” to incorporate “Child Nursery” as a conditional use permit and Chapter 5 “Agricultural Zones”, Section 10-5-3 “Conditional Uses” to incorporate “Child Nursery” as a Conditional Use Permit. Commissioner Bracken seconded the motion. All voted aye.


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October 23, 2007
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PRELIMINARY PLAT

Consider approval of an amended preliminary plat for The Flats at South Pointe located on 2750 East 450 North with 75 detached homes in an R-3 (Multiple Family) zone. Jim Raines with Bush & Gudgell, agent. Case No. 2006-PPA-018

Planner John Willis presented this item. This is an amended preliminary plat to create 75 detached homes. On April 19, 2007 City Council approved a preliminary plat for a 94 unit townhome development. The site is adjacent to Pine View High School which is to the north, Desert Rose Apartments to the east and Springtree Garden Townhomes to the west. The total acreage is 7.06 acres with a density of 10.62 per acre. City staff recommends the following:

1. This project does not meet the City’s ordinances in regards to, building separations, setbacks for garages from an alley, and building pads with common areas. Any approval given should be subject to those ordinances being amended by City Council.
2. 17 units front 450 North, thus eliminating a need for a wall. Access for these units will be from a 20' private alley. 450 North is a collector street that connects 2450 East with 3050 East.
3. There are 75 units and 14 visitors parking which are throughout the project.
4. Staff recommends that these units be elevated at least 18" to help with the design.
5. Based on the information in the Traffic Impact Study, the development will impact the intersection of 450 North and 3050 East; the development should share 16% of the cost (approx. $20,000) of placing a traffic signal.
6. All signing and striping shall conform to the City of St. George and MUTCD standards.

Assistant City Attorney Joseph Farnsworth said they have discussed with Linda Kirkpatrick that the ordinances would have to be heard before this item could be discussed.

Commissioner Taylor asked the applicant what is their thought on the 18" elevation? Jim Raines replied that is a standard request which comes out of the TND design. It is their understanding that 18" applies along 450 North doesn’t necessarily apply the interior townhomes and those things.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of an amended preliminary plat for The Flats at South Pointe located on 2750 East 450 North with 75 detached homes in an R-3 (Multiple Family) zone, with staff comments.





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October 23, 2007
Page Sixteen


DISCUSSION ON MOTION
Linda Kirkpatrick asked to interrupt the motion. She said they would like a clarification in talking with the Planning Department they would like to be on the record that they would agree to raise the units along 450 North 18". They have some existing grade circumstances out there with the high school playing field and a project to the west of them that may preclude them from doing it on some of the units. Planning Department is in agreement with that, if the commissioner that made the recommendation would consider that change in their motion.

Commissioner Campbell said the 18" is the front porch which is part of the whole TND environment. So are you requesting that some of the units don’t have the 18" on the front porch? Community Development Director Bob Nicholson said there is a big difference in having that porch elevated slightly from the sidewalk. Commissioner Campbell said it is conversation friendly.

MOTION: (continued) Commissioner Campbell said his motion includes 18" at the front porch of those buildings. Commissioner Burks seconded the motion.

DISCUSSION ON THE MOTION
Jim Raines said 18" is easy to accommodate on this project if it is measured from the low side of the lot. Where the high side of the lot may be a little bit less than 18". If that is how they interpret that 18" then they really don’t have an issue. There are some slope issues when you step across those lots. Commissioner Campbell said you can engineer the cut and fill to make it work. Jim said they can work out the interpretation with City staff.

Jim said they would ask that the 18" be made from the low side of the lot. Commissioner Campbell asked which eliminates how many units? Jim said none. Commissioner Campbell said then why are you saying you don’t want it in the motion. Jim said well, if the road sloped, if they measure from the high side lot and if they are 18" there then the lot side of the lot would be 24 to 30 inches. They would rather have those 18" at the low side and maybe reduce to 12" on the high side. Commissioner Campbell said his motion says at the front porch face is 18" elevated.

Linda Kirkpatrick said she wants to point out that all residents do have a courtyard showing on her plans. They are not trying to preclude a community friendly environment whatsoever. She thinks that can be accomplished easily with architectural style and promote that, that is their intent. But in some instances putting a crawl space under each and every house when you are trying to build in this price range and the elevation restraints they have on this site, not in all cases does this recommendation fit. They have agreed to put in a courtyard. Commissioner Campbell said they are not talking about courtyards. Linda said her courtyard is their porch surf. They are trying to approach that friendly feel that Planning Commission is talking about.

PLANNING COMMISSION
October 23, 2007
Page Seventeen


Commissioner Campbell said you are missing the point. The architectural features are fine. But the TND says the front porch needs to be elevated 18". He doesn’t see why they would be changing them. This is part of the whole TND experience. Changing one detail is not going to make or break the project.

Linda said this project is not a TND. Commissioner Campbell said it is a TND concept, the whole layout is. In its architecture, in the size of building, the distance between the units and the walk, out in front.

Bob Nicholson said his suggestion is they go with the motion and there will be time between now and when these ordinances get all adopted that if Linda wants to come back and demonstrate that 18" is just a terrible burden and mistake then they can rehear it. Bob said he supports what Commissioner Campbell is saying.

MOTION: (continued):
Commissioner Campbell voted aye Commissioner Hullinger voted aye
Commissioner Taylor voted aye Commissioner Burks voted aye
Commissioner Nobis voted nay Commissioner Bracken voted nay
Chairman Almquist voted aye
Motion carries with a 5 to 2 vote in favor
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