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November 8 2005 Planning Commission Minutes

CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
November 8, 2005 - 5:00 p.m.


PRESENT: Chairman Gil Almquist
Council Member Suzanne Allen
Commissioner Myrna Stout
Commissioner Ross Taylor
Commissioner Kim Campbell
Commissioner Vince Clayton
Commissioner Chapin Burks
Commissioner Ron Bracken
Deputy City Attorney Ron Read
Community Development Director Bob Nicholson
Planner Mark Bradley
Planner Ray Snyder
Engineer Cathy Hasfurther
Assistance City Engineer Jay Sandberg
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.

FINAL PLATS

A. Consider approval of a final plat for River Hollow Phase 4 with 4 single-family residential lots located 2580 East and 1190 South. Mr. Skyler Lawrence, representative. Case No. 2005-FP-077

B. Consider approval of a final plat for Sun River at St. George Phase 13 with 62 single-family detached patio homes located at the northeast end of the Sun River development off Bluegrass Way. Mr. Darcey Stewart, applicant. Case No. 2005-FP-078

C. Consider approval of a final plat for Sun River at St. George Phase 14 with 73 single-family detached patio homes located at the northeast end of the Sun River development off Bluegrass Way. Mr. Darcey Stewart, applicant. Case No. 2005-FP-079




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D. Consider approval of a final plat for Classic Contractors Park at Fort Pierce with 12 industrial/manufacturing lots located at 1500 East and 3850 South. Mr. Mark Burgess, applicant. Case No. 2005-FP-080

E. Consider approval of a final plat for Foremaster Ridge Phase 4 with 62 single-family residential lots located at 190 South and Crestline Drive. Mr. Doug Rogers, applicant. Case No. 2005-FP-081

F. Consider approval of a final plat for The Orchids with 5 single-family residential lots located at 960 East and 900 South. Mr. Don Crichton, applicant. Case No. 2005-FP-082

G. Consider approval of a final plat for Sundown Estates with 13 single-family residential lots located at 750 North and 1300 West. Mr. Brett Burgess, representative. Case No. 2005-FP-083

H. Consider approval of a final plat for Painted Desert Estates Phase 9 with 10 single-family
detached patio homes located at 2450 South and approximately 1250 East. Ence Homes, applicant. Case No. 2005-FP-084

Planner Mark Bradley pointed out that 6 of the 8 mylars are in front of you. The other two (1G and1H) are in the engineering department. If Planning Commission is comfortable in approving 1G and 1H they could be subject to receiving all signatures before going on to City Council agenda. The Orchards mylar all the signatures are completed but they do need notes on the final plat. The applicant is aware of this request.

Commissioner Clayton stated he could not vote on Item H due to conflict of interest.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of final plats as outline in the agenda 1A through G with the note that Item F there needs to be the standard private street note and the note regarding the Homeowner Association having the responsibility to maintain the private streets and common area. Commissioner Burks seconded the motion. All voted aye.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of final plats as outlined in the agenda 1G and 1H with some additional signatures needed prior to going to City Council. Commissioner Burks seconded the motion. Commissioner Clayton did not vote.


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CONDITIONAL USE PERMITS

A. Consider a conditional use permit request to provide retail sales and outdoor display of landscape rock located within a C-3 (General Commercial) zone at 447 No. Bluff Street and establish a shared parking agreement with the adjoining south property. Mr. Robert Rusby, applicant. Case No. 2005-CUP-034

Planner Ray Snyder said this is the fourth time this has come before the Planning Commission. Ray presented the original site plan. Ray said the applicant presented an updated layout just before the meeting this evening. Ray said he just received a memorandum from Aron Baker the City Traffic Engineer.

Commissioner Stout asked if the shared parking agreement needs to be recorded with the property. Deputy City Attorney Ron Read said it does.

Chairman Almquist mentioned he would like to see the landscaping for this project.

MOTION: Commissioner Stout made a motion to recommend to City Council approval of a conditional use permit request to provide retail sales and outdoor display of landscape rock located within a C-3 (General Commercial) zone at 447 No. Bluff Street and establish a shared parking agreement with the adjoining south property. Mr. Robert Rusby, applicant, with the following conditions, there is not to be a large quantity of rock stored on site and no pallet storage in front of the building, the applicant is to maintain the landscaping as it was presented here tonight at approximately 680 sq. ft. of landscaping and the north property line access is to remain open to the Tesoro gas station for access to the traffic light and the applicant provide a recordable shared parking agreement prior to City Council meeting. Commissioner Bracken seconded the motion. All voted aye.


B. Consider a conditional use permit request to operate a private school for Raindance Youth Services located at 1067 East Tabernacle, Suite 14B within a C-2 (Highway Commercial) zone. Mr. Ron Hatch, applicant. Case No. 2005-CUP-037

Planner Ray Snyder presented the site plan. There are 25 parking spaces allocated to this site. Ray said the project is to encourage and enable adolescent youth which have developed behavioral and/or emotional disorders, or have learning disabilities, to redirect their lives and reach their full

Planning Commissioner’s wanted to know the difference from this school and the other treatment schools located on St. George Blvd. Ray replied those schools are 24-7 where this one isn’t.

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Ron Hatch founder and owner of Raindancer Youth Services stated most of the students are between 14-17 years old. The students are adjudicated to his school. The students are attending the Woodward Center right now until they receive permission for this school.

Planning Commissioner’s talked about the safety of the students not wandering off and what kind of support system is in place.

Ron Hatch stated they have tutors, an office manager and the students are not allowed to be out by themselves. They are always with the treatment counselor. If one of the student’s did get out then the student will be moved out to another program. Ron said he will only have 30 students at any given time.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a conditional use permit request to operate a private school for Raindance Youth Services located at 1067 East Tabernacle, Suite 14B within a C-2 (Highway Commercial) zone. Mr. Ron Hatch, applicant, to allow 30 students, the business license is obtain, and meet the conditions of the Fire Marshall to be sure that there is an appropriate exit. Commissioner Bracken seconded the motion.

Commissioner Stout said can they also add that as a stipulation that this is a conditional use permit that as a condition they require compliance with their own exclusion policy as has been provided in their text. Commissioner Taylor and Commissioner Bracken accepted that into the motion.

Commissioner Burks voted nay
Commissioner Clayton voted nay
Commissioner Bracken voted aye
Commissioner Stout voted aye
Chairman Almquist voted aye
Commissioner Taylor voted aye

Motion passes 4 to 2.


3. Consider a conditional use permit request to construct a manufacturing plant that would exceed the allowable height of thirty-five feet (35') up to a proposed height of fifty feet (50'). The property is located within a M-1 (Industrial) zone, Lot No. 55 in the Ft. Pierce Industrial Park, located at the North West corner of 1630 East and South Street. Geneva Pipe, applicant. Case No. 2005-CUP-041

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Planner Ray Snyder said this request is from Geneva Pipe. They want to have a manufacturing facility and then a small detached office area. The high for the silo’s will need to be look at. The parking requires 48 spaces which they are showing. The street tree ordinance does require trees and they are showing that. There are no issues with setbacks. The proposed building will be 50 ft. and 68 ft. for the silo’s.

Commissioner Clayton asked if the use of the subject property was approved by the Jennings Group. Ray believes they have sat down with the Jennings Group.

Travis Davis is with Hughes Construction. The biggest issue they have is with the height of the silo’s. Travis said the building has two sections to it. The lower level is about 35' and there is another section that will be added later which will be 50'. The top of the soil is 68 ft. and then it has a couple of feet for a guard rail.

Commissioner Campbell arrived at 6:20 p.m.

Travis said the soils report. There are two types of soils. The top is collapsible and the bottom is expandable. There intent is to keep all the moisture away from the buildings. Travis indicated that the second layer is about 7 ft deep.

Travis replied the operation itself could easily take place under a canopy. But they choose to have it in a building. Most of the operation is contained.

Travis said the silo is loaded with a blower operation. Travis said they will be doing gravel all over the ground space.

Planning Commissioner’s discussed the landscaping and the type of trees that would do well in that area.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a conditional use permit request to construct a manufacturing plant that would exceed the allowable height of thirty-five feet (35') up to a proposed height of fifty feet (50'). The property is located within a M-1 (Industrial) zone, Lot No. 55 in the Ft. Pierce Industrial Park, located at the North West corner of 1630 East and South Street. Geneva Pipe, applicant, with the additional request that the applicant use the best available technology for dust collection. It should be reviewed by the reviewed by Jennings Group to meet their conditions before this item goes to City Council.



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DISCUSSION ON MOTION
Deputy City Attorney Ron Read said let’s just clarify that the building is 50 and the silo is 70. Commissioner Stout asked about the trees.

Commissioner Burks said the applicant said he will look at and do the request for additional variation of landscaping. Commissioner Clayton voted seconded. All voted aye.


Commissioner Campbell stepped down to due conflict of interest on the next CUP.

C. Consider a conditional use permit request to construct a professional office building that would exceed the maximum allowable height of thirty-five feet (35') up to a proposed average roof midpoint height of forty-three feet (43') and a maximum roof peak at approximately forty-eight feet (48'). The property is located within a C-2 (Highway Commercial) zone at the corner of Sunset Blvd. and Daybreak Drive. Mr. Shawn Farris, representative. Case No. 2005-CUP-042

Planner Ray Snyder said this is a two-story building. They are asking for 43 ft to the proposed average roof midpoint height. The maximum roof peak is forty-eight (48'). Ray said he has two letters in opposition to the height of the building. If the Planning Commission recommends approval the following conditions are suggested;

1) The building is approved with an average roof midpoint height of forty-three feet (43') and a maximum roof peak of forty-eight feet (48').
2) Parking shall be demonstrated to meet the zoning ordinance requirements during the site plan review process by staff (40 parking spaces are required and shall be 9' x 18' in size with 25' wide drive aisles).
3) A SPR (Site Plan Review) application along with 4 sets of plans shall be submitted to the Engineering Dept. for standards plan check review.

Traffic Conditions
1) Only one driveway is approved on Sunset Blvd. as shown in the submitted site plan and shall meet the requirements of the City Traffic Engineer and shall meet the requirements of the State of Utah (UDOT).
2) All signing and stripping shall conform to the City of St. George and MUTCD standards.

Kim Campbell from Campbell & Associates said they picked up their grade less than 5% from the street. The building is 2-story and it has 10 ft. ceilings for mechanical.

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Several residents from Sunset Plateau expressed concerns about the height of the building.

Council Member Allen said perhaps the Planning Commission needs to go out and do a site visit.

Planner Ray Snyder said in a report to Planning Commission he stated Title 10 Section 10-10-4 states a maximum height is 35 ft. unless the height is approved by the Planning Commission.

Kim Campbell said the site line does block a view of the terrain of Sunset. But it doesn’t block anything in the horizon line. If they put a fence in the back yard that would block the view anyway. The fence has to be done because it is part of the ordinance.

Bob Nicholson asked why they couldn’t bring the building down to the sidewalk. Kim said it has to do with a higher retaining wall in the back.

Chairman Almquist suggested a field trip. Chairman Almquist said they should present balloons for the view and height.

MOTION: Commissioner Clayton made a motion to table this item for a field trip with the applicant for November 15, 2005 on a Tuesday at 2:00 p.m. Commissioner Burks seconded the motion. All voted aye.


Deputy City Attorney Ron Read left the meeting at 7:00 p.m.

DETERMINATION OF USE

Determine whether a residential in-patient mental health and substance abuse treatment would be similar to a convalescent home in an Administrative & Professional Office zone and whether the use would be in harmony with the intent and purpose of this zone. Mr. and Mrs. John & Sandra Misrasi, applicants. Case No. 2005-DU-003

Commissioner Clayton left the meeting at 7:15 p.m.

Planner Mark Bradley said the agenda states that this request is for mental health and substance abuse. But when he spoke to the applicant he mentioned that it would be substance abuse only. He will let the applicant address that. The applicant provided a letter.

John Misrasi the applicant said they are an out-patient and substance abuse treatment center.

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John Misrasi said the clients they see are sent usually from the court based on a condition set by the court. Currently they have four levels of treatment depending upon variation of their condition. Their philosophy is transitional and currently for the out-patient and the other part is for employment, they are required to work. John said the average stay would be around 60-90 days. They are not a detox center.

Planner Mark Bradley said the applicant feels this intent is in compliance with a convalescent home. The concern staff has is when you get to the next level. You don’t want to have substance abuse people living in a business type setting.

Planning Commission needs to make a determination if this is similar to convalescent use.

John said he and his staff are there to heal the people not to help the courts. They are not an adolescent center. The majority of the people are non-violent adult criminals. They are trying to provide a solution.

Colby Wilcox said they have looked at the zoning. The vision is to help the people that come into their facility and they give them the practices they need to get back into society.

John said this will be a security facility but it will not be a locked down.

Com Stout said she believes that an Administrative and Professional zone is not the zone for this type of facility.

Commissioner Burks called for a question.


MOTION: Commissioner Burks said deny this item and said staff should come up with a place for this type of use. Commissioner Bracken seconded the motion.

Commissioner Stout said to check with different cities to find out where there are some centers similar to yours and what type of zone they are in and how they got approved for that area. What type of problems have they run into.

All voted aye.




PLANNING COMMISSION
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PUBLIC HEARINGS - ZONING REGULATIONS AMENDMENTS

A. Consider a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 5 Agricultural Zones and Chapter 7 Residential Zones to establish a neighborhood City park or City playground as a permitted use and Chapter 2 Definitions to include a definition for a neighborhood City park or City playground. City of St. George, initiated. Case No. 2005-ZRA-009

Planner Mark Bradley said they received more information from the Leisure Service Director. The City also needs to define a private park for definitions. At this time they are not ready to go out and define parks areas.

MOTION: Commissioner Burks made a motion to recommend to City Council approval for a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 5 Agricultural Zones and Chapter 7 Residential Zones to establish a neighborhood City park or City playground as a permitted use and Chapter 2 Definitions to include a definition for a neighborhood City park or City playground. City of St. George, initiated. Commissioner Taylor seconded the motion. All voted aye.


B. Consider a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 21 Landmark Site, to establish additional criteria for buildings to become a designated landmark site and expound on the type of uses that would be appropriate and in harmony with the surrounding residential zone(s). City of St. George, initiated. Case No. 2005-ZRA-010

Bob Nicholson said they presented this at the last Planning Commission meeting. The comment came that they need to identify some uses. There are basically 3 conditions that will be identified in the 10-21-3 Conditional Uses for Landmark Sites.

MOTION: Commissioner Burks made a motion to recommend to City Council approval for a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 21 Landmark Site, to establish additional criteria for buildings to become a designated landmark site and expound on the type of uses that would be appropriate and in harmony with the surrounding residential zone(s). City of St. George, initiated . Commissioner Campbell seconded the motion. All voted aye.





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C. Consider a request to amend the St. George City Code, Title 10 Zoning Regulations, Chapter 10 Commercial Zones to include a minimum lot size and lot frontage for Automobile, New or Used Sales and Service. City of St. George, initiated. Case No. 2005-ZRA-011

Bob Nicholson said at the last City Council meeting they raised the question to have some standard for car lots. The requested staff to come back and suggest something at minimally intrusive. Bob said as they looked at this - his thought is instead of having a full acre maybe having an ½ acre lot. Bob read off sizes of current car lots in the City.

Commissioner Taylor said this will be the size from this point on and the others would be grandfathered in. Bob said they will have the right to exist.

Commissioner Stout said they should go around looking at the existing ones and come up with a comparable.

Chairman Almquist said he thinks a minimum ½ acre.

Commissioner Bracken said 3/4 of an acre should be the minimum.

Council Member Allen said they should have a work meeting about this with City Council. Then they can discuss and make a recommendation from there.

MOTION: Commissioner Burks made a motion to table this item. Commissioner Bracken seconded the motion. All voted aye.
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