City Council Minutes

Thursday, April 20,2000



ST. GEORGE CITY COUNCIL MINUTES REGULAR MEETING MAY 4, 2000, 4:00 P.M. CITY COUNCIL CHAMBERS Mayor McArthur called for a motion. Council Member Isom made a motion that the March 2000 Financial Statement be accepted as written. Council Member Whatcott seconded and the motion passed unanimously. Public Hearings Zone Change Bob Nicholson, Director of Community Development, presented a request to consider approval of a zone change from R-1-10 Single Family Residential, 10,000 sq. ft. minimum lot size to PD Planned Development Residential on 21.55 acres located on the east side of Dixie Drive and the south side of 100 North. Kevin Ence, applicant. He explained that the applicant is proposing 86 units for a density of 3.00 dwelling units per acre. The applicant is required to have 17,200 sq. ft. of recreation area and 74,876 is being proposed. The recreation areas are passive landscape areas. The units are proposed to be single story residences. The walled areas along public streets will require a minimum of 4 ft. wide landscape strips between the walls and the sidewalks. The General Plan Land Use Map designates the site as Low Density Residential, which is a density of up to four units per acre. The surrounding zoning is R-1-10 and PD to the North, R-1-10 and PD to the west, R-2 and R-1-10 to the east and R-1-10 to the south. Kevin Ence, applicant, displayed exhibits of the proposed area and explained that he proposes to build a PD on the 21.55 acres of the property and leave 11 acres in R-1-10 private dwellings. He proposes a privacy wall along Dixie Drive with planter strips between sidewalk and wall. Mr. Nicholson indicated that the General Plan requires the area to be low density and this plan conforms to the density requirements. He said the Planning Commission had recommended approval by a vote of 5-1, but there was a lot of neighborhood tension at the meeting. He explained that the applicant had met with the neighbors and has tried to reach a compromise. Mr. Ence told Council Members that this PD would have lots 40% larger than other PD?s in the area. In order to give it a neighborhood feel, he had added sidewalks and widened the streets to 30 feet of asphalt (which is only 5 feet less that the standard City street). He feels this PD will be a good buffer zone between the commercial area on Dixie Drive and the lower density residences further east. He indicated that the neighbors did not want walls along 100 North. Mr. Ence proposed to reduce the width of the road from 66 ft. to50 ft. and to add a curve in order to calm traffic and reduce the need for sound walls. Council Member Whatcott asked if staff would have a problem with reducing the size of 100 North Street from 66 ft. to 55 ft.? It was decided that while Engineering would need to be consulted, a 50 ft. roadway might work because there are two other collectors in the area. Also, this road does not line up with an intersection on the east side and therefore would not become a collector. It was decided this could be addressed after the zoning issue was resolved. After the discussion, Mayor McArthur opened the Public Hearing. Public Hearing Steve Jurca - Mr. Jurca said he lives in Hammer Hollow. He read a prepared statement in which he reminded Council of a community meeting held six years ago and presided over by Larry Bulloch, Public Works Director. He indicated that there had been a large turn out at the meeting because the residents were concerned that there was too much high density housing in the area. The statement expressed his concerns that young families do not prefer that type of housing for raising their families. They want single family St. George City Council Minutes April 20, 2000 Page Three dwellings. He cited the example of Shadow Mountain. He said Mr. Bulloch had indicated that the City would honor the R-1-10 zoning. Eileen Roundy - Ms. Roundy told Council she lives just off Valley View in an R-1-10 zone. She said that in the 15 years she has lived there, they have seen an explosion of high density residences. She and her daughter counted 50 high-density residential dwellings in a small area. She asked that the area in question be left R-1-10. She presented a letter she had written to Council Members. Kent McComb - Mr. McComb is a partner in the company that is selling the land. He reminded Council Members that the Mathis family paid $100,000 in a SID which improved Dixie Drive as well as other financial contributions. He said that he has been farming the land to keep it as open space, but it is no longer worth the effort. He felt that the Mathis family had paid their dues and that this zoning change would allow them to sell their land at a fair price. Jeff McKenna - Mr. McKenna indicated he practices law in the community. He, his wife and family live in Green Valley area in a townhome. He told Council Members they like the Green Valley area and would like to purchase a home there, but feel there is an absence of family-type housing. He expressed appreciation for Mr. Ence?s efforts, but felt the community would be better served if the zoning remains R-1-10. Kevin Ence - Mr. Ence told Council Members that these PD lots will be larger than other PD lots in the area and will have enough room for a backyard. He indicated that several months ago he had requested permission to build one and one half or two story units in this PD, but had been denied. If two story houses were approved, it would allow more square footage in the houses and leave more lot room. Mr. Ence also indicated he had toured four R1-10 subdivisions in the area. In Pebble Creek he found the number of retired owners to be 30%, in Parkview it was 60%, in Rivers Edge 95% are retired and in Sunbrook, 95 % are retired. His point was that just because you have an R-1-10 zoning does not mean the area will be inhabited by young families. Craig Astle and Jan Astle presented a color map of PD?s and high residential complexes in the areas. They congratulated the Mathis family on their contributions to the community and Kevin Ence for his contribution as a great builder. They indicated they knew this would be an unpleasant decision for Council Members to make. They spoke of their hope that this last small area of land could be left for families. They acknowledged that PD?s are not bad, but that they are not as family-friendly as R-1-10 zoning. They asked that the Council let the good of the many outweigh the good of the one. Richard Mathis - Mr. Mathis told Council Member he does not envy the decision they must make and would like to contribute some more information. He stated that Mr. Ence is a quality builder of which the City can be proud. He stated that in defense of PD zoning, these units have an association which can wield some control to keep the area looking nice, whereas a single family neighborhood is at the mercy of each resident? s habits. He asked that Council Members look at Mr. Ence?s other PDs which still look good many years after being built. After ascertaining that there were no more public comments, Mayor McArthur closed the public hearing and turned the time to Council Members to make comments and ask questions. Council Member Gardner asked if the major issue is that of opening up the area to make it more family friendly. He indicated that not having walls along 100 North would go a long way toward opening up the area. Council discussed the issue of reducing the road from 66 ft. to 50 ft. St. George City Council Minutes April 20, 2000 Page Four Council Member Isom wanted to address the points brought up about the meeting held at Sunset Elementary. She told those present that a staff member cannot make a promise that will bind the Council. She also explained that the master plan does not zone. The Master plan indicates density only and this PD falls within the Master planned density. Bob Nicholson told Council Members that he was the one who conducted the meeting at Sunset Elementary six years ago. He said he was sure no commitments were made, however, they had tried to be sensitive to the residents? concerns. He reiterated that the Master plan is not a specific zoning designation, but only a density designation. He also said 1 ? to two story homes would probably be good in this area to create a more interesting neighborhood. Councilman Whatcott asked how many lots there would be in the PD area if the designation remained R-1-10. Mr. Ence responded he would have 100 lots. If the zoning were changed to R-1-8 there would be 130. Under this proposal there are 117 in the combined areas. Councilman Whatcott asked Mr. Ence if he has many families in his other PD complexes. Mr. Ence indicated that his other PD projects have been tailored to older couples and he, therefore, has no experience on which to base a guess. Councilman Whatcott asked if a swimming pool or other attraction could be included to attract families. Mr. Ence indicated that club houses and swimming pools are headaches for an association, but he could put in playground areas. Council Member Allen felt that the sidewalks would give the PD a family-friendly atmosphere. Council Member Gardner said that in response to a School District assignment, he had been canvassing neighborhoods and counting children. He found that most neighborhoods would like more families. They had found that there is not an influx of new students in the School District, but simply a repositioning from area to area. He emphasized that the difference between the number of units in an R-1-10 and in this PD are about the same. Gary Esplin stated that he has lived in the Green Valley area for the past 15 years and has seen the rapid growth, but he told those present that R-1-10 zoning does not guarantee families will be attracted to the area. Council Member Whatcott reiterated that when you have a PD you have more control over the look of the neighborhood. Lon Henderson summed up the neighbor?s wishes. They do not want walls along 100 North and they want the road straightened out to open up the neighborhood. An open community is the key issue. Mayor McArthur asked Council Members if they had any more questions. Hearing none, he called for a motion. Councilman Orton made a motion to approve a zone change from R-1-10 Single Family Residential, 10,000 sq. ft. minimum lot size to PD Planned Development Residential on 21.55 acres located on the east side of Dixie Drive and the south side of 100 North, with the stipulation that City staff consider allowing one and one-half to two story housing in the PD, that the walls be removed from the east/west road, that the decreased roadway width be approved by Engineering, and that a conceptual drawing be brought back to Council for approval. Council Member Gardner seconded and Mayor McArthur called for a roll call vote as follows: St. George City Council Minutes April 20, 2000 Page Five Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye The motion passed unanimously. Zone Change Item withdrawn at the applicant?s request. Has not been rescheduled. Change to Zoning Ordinance As a follow-up to a previous discussion, Bob Nicholson presented two alternatives to amend the Zoning Ordinance to deal with commercial and industrial building heights. Alternative ?A? increases building height in the M-1 and M-2 zones to 45 ft. and keeps the building height in commercial AP and PD Commercial at 35 ft. with guidelines for allowing taller buildings with a conditional use permit. Alternative ?B? would raise commercial and industrial building heights to 45 ft. as permitted or buildings up to 60 ft. as a conditional use permit, with 1000 sq. ft. of outdoor plaza space for each additional foot of building height above 45 feet. Council Member Whatcott asked if the ordinance could include stipulations that the visibility of historic structures shall not be impaired. He wondered how that could be implemented. Council Members discussed various approaches to protecting visibility of historic buildings and listened to input by the City Attorney. It was decided that many of the approaches considered would put a great burden on the Council to make decisions arbitrarily. It was decided that a certain zone could be set forth in which tall buildings would not be permitted. Public Hearing Mayor McArthur opened the Public Hearing and asked if anyone in the audience would like to speak to the issue at hand. Hearing no comments, he closed the Public Hearing. It was decided to have Mr. Nicholson and Mr. Wright redraft Alternative ?A? with the inclusion of the points discussed and resubmit it to Council at a later date. Increase in Utility Deposit Fee Deanna Evans, City Treasurer introduced Judy Hart, Collections Agent for the City, and told Council how appreciative she is of Ms. Hart?s endeavors to work with utility clients who are behind in their payments and in collecting past due accounts. Council joined with Ms. Evans to thank Ms. Hart. Ms. Evans told Council that in an effort to reduce write-offs and uncollectible accounts, the Utility Department had begun to issue three warning notices instead of two. Two warnings are printed on the customer?s bill and one is a separate mailing. Other measures taken have been to allow only one payment arrangement per year and to sign an agreement with the Utah Heat program to have money for the customer?s late bills come directly to the City. Ms. Evans informed Council that in spite of their best efforts, the number of uncollectible accounts is increasing. To help reduce this problem she asked that Council consider approval of an increase in utility hook up deposits from $75 to $125 to begin May 1. This would require an amendment to Chapter 2, Title 2 of the St. George City Code. An increase to $125 would still mean St. George has one of the lowest connection deposits in the area with some cities charging as high as $200. She stressed that this would be only for residential customers who rent. St. George City Council Minutes April 20, 2000 Page Six Council Members questioned why it would be only residential renting customers. Ms. Evans informed them that historically, home owners have too much invested in their home to leave whereas a renter may only have a 6-month lease. Also, if a home owner defaults, the home can be attached for payment. Council Member Isom made a motion that Council approve an ordinance to amend Chapter 2, Title 2, St. George City Code, increasing utility deposits from $75 to $125 deposit. Council Member Whatcott seconded and Mayor McArthur called for a roll call vote as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye The motion passed unanimously. Resolutions Abandonment Request Gary Esplin asked that Council consider vacating the easements between lots 11 and 12 in the East Ridge Subdivision, Phase 4, to make one lot. He indicated that staff recommends approval of this measure. Mayor McArthur called for questions. Hearing none, he called for a motion. Council Member Whatcott made a motion that the Utility Easement between lots 11 and 12 in East Ridge Subdivision, Phase 4, be abandoned to allow the applicant to combine the lots. Council Member Orton seconded and the Mayor McArthur called for a roll call vote as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Staff Reports Planning Commission Report Jim McGuire reported on the Planning Commission meeting held April 11, 2000. He told Council that the Planning Commission recommends approval of the following items and requested that a Public hearing be set for May 18 at 5:00 p.m. to discuss them: 1. Consider approval of an amendment to the General Plan Use Map to adopt the master plan of the South Block area near the replacement airport site containing 2,682.92 acres, which will include designations for Very Low Density (estate lots), Low Density, Medium Density and High Density Residential Development, Commercial (retail, office, resort hotel, Etc.), Industrial (airport friend development), Open Space (golf course, floodway) and designations for related mixed use. Leucadia Corporation, applicant. 2. Consider approval of an amendment to the General Plan Land Use Map by changing the designation from High Density Residential to Professional Office and Commercial on 11.26 acres located at the planned intersection of Riverside Drive and 1200 South. Ence Homes applicant. St. George City Council Minutes April 20, 2000 Page Seven 3. Consider approval of an amendment to the General Land Use Map by changing the designation from Low Density Residential to Commercial on 2.19 acres located at the southwest corner of the planned intersection of 1400 West and Snow Canyon Parkway. Allen Carter, applicant. 4. Consider approval of an amendment to the General Plan Land Use Map by changing the designation from Medium Density Residential to Commercial on 7 acres located on the southeast corner of 1680 East and 280 North. Larry Belliston, applicant. 5. Consider approval of a zone change from R-1-10 Single Family Residential to C-2 Highway Commercial on 7 acres located on the southwest corner of 1680 East and 280 North, Larry Belliston, applicant. Mayor McArthur called for a motion. Council Member Orton made a motion that Pubic Hearings be set for May 18, 2000, at 5:00 p.m. to discuss the items approved by the Planning Commission in their April 11, 2000 meeting. Council Member Whatcott seconded and the motion passed unanimously. Conditional Use Permits Jubilee Home Jim McGuire asked that the Council consider a request for approval of a Conditional Use Permit to build an addition to the Jubilee Home at 209 East 500 South. The Foundation of Dixie Regional Medical Center, applicant. Mr. McGuire explained that Dixie Regional Medical Center had originally been approved to remodel a home owned by the hospital and adjacent to the Jubilee Home on the east side, for offices and bedrooms. The house was subsequently found to be unsuitable and they are now asking to be allowed to enlarge the Jubilee Home. He told Council Members that the neighbors had voiced concerns over parking if new offices were built in this area. They already feel parking is inadequate. The new plan will offer three additional offices and three additional bedrooms. Council Member Whatcott expressed the Council?s support of the Jubilee House, but wondered if the hospital was taking advantage of this situation to create offices instead of maximizing the number of bedrooms. Kerry Hepworth, Dixie Regional Medical Center, explained that the hospital needs more space. It would be advantageous to office the Jubilee House staff at the home and free up the hospital offices for hospital staff. She emphasized that they do not want to compromise the mission of the home, and that this would be a short-term arrangement until office space can be built on their River Road campus in five years or less. At that time the offices in the Jubilee Home would be converted to bedrooms. Council Members wanted confirmation that these offices would only be used for staff connected with the Jubilee House. Ms. Hepworth assured Council they would. When asked what services were provided by the Jubilee Foundation, she stated that they are fund raisers for the home as well as other parts of the hospital. Council Members asked about the occupancy rate of the Jubilee Home. She stated that overall it runs about 68% full. The home has four bedrooms now and this plan will add three. They provide about 1000 nights of occupancy per year, of which approximately 20% is charity. She reiterated that the offices will be placed on the River Road campus as soon as possible and the house office space converted to bedrooms. St. George City Council Minutes April 20, 2000 Page Eight Council Members expressed the concerns of the neighborhood about parking along 400 East. Ms. Hepworth responded that the Hospital is sensitive to the problem and is trying to alleviate it by requesting that all staff and visitors park in off street parking along the west of the hospital. She admitted that staff who use the east door have resisted this plan. After the discussion was concluded, Mayor McArthur called for a motion. Council Member Whatcott made a motion that the Condition Use Permit for an addition to the Jubilee Home at 409 East 500 South, be approved, with conditions as follows: revocation of the old Conditional Use Permit received last January, providing adequate parking, approval of an additional conditional use permit if the old house is to be used again, maintaining the landscaping in the front yard of the old house, and abandon the lot line between the two homes. The condition use permit will be reviewed in one year. Council Member Allen seconded and the motion passed unanimously. Wireless Communication Tower on Dixie Regional Medical Center Jim McGuire asked that Council consider approval of a Conditional Use Permit for a wireless communication roof-top antenna on the elevator shaft at Dixie Regional Medical Center, 544 South 400 East. Western Wireless, Inc., applicant. Mr. McGuire showed photographs with the four 10-foot antennas superimposed atop the elevator shaft. Mr. McGuire told Council Members that the Zoning Ordinance specifies a height of only 8 ft. above an equipment room. He pointed out that Council will have to decide if an elevator shaft should be treated the same as an equipment room. Council Members discussed this point and felt that it should be considered the same in order to satisfy the spirit of the Zoning Ordinance. The applicant was asked if they could function with 8 ft. antennas rather than 10 ft. They were unsure. Jonathan Wright indicated that if an 8-foot antenna were approved and it was decided they need 10 ft., they could go the Board of Adjustments and request a variance. George Brock, Western Wireless, said they would be willing to accept the 8 ft. limit. Mayor McArthur called for a motion. Council Member Whatcott made a motion to approve a Conditional Use Permit for an eight-foot wireless communication roof-top antenna on the elevator shaft Dixie Regional Medical Center, 544 South 400 East. Western Wireless, Inc., applicant. Council Member Isom seconded and the motion passed unanimously. Sign Committee Appeal Mayor McArthur asked if the applicant was present for this item. As he was not, the item was tabled. Beer License and Restaurant Liquor License for Applebee?s Restaurant Gary Esplin asked that the Council consider a request for approval of a beer license and local consent for a restaurant liquor license for Applebee?s Restaurant at 150 South River Road. He told Council Members that the request has been reviewed by the Police Department and the application is in order. John Prince, Franchisee for the State of Utah and Dave Honey, Manager came to the podium to answer Council?s questions. They told Council that the restaurant will open May 8. Council Member questioned the applicants to assure themselves that the application was in order and that all criteria had been met. There was a discussion regarding why a license must be issued to one person and not a corporation. City Attorney Jonathan Wright explained that if legal action must be taken, it must be taken against a person. The screening process was discussed and Council was told that if the person listed on the application quits his job and another person is instated, that person must go through the screening process, but it would not have to come back to Council. St. George City Council Minutes April 20, 2000 Page Nine Council Member Isom made a motion to approve a request for approval of a beer license and local consent for a restaurant liquor license for Applebee?s Restaurant at 150 South River Road with the stipulation that all legal criteria are met. Council Member Allen seconded and the motion passed unanimously. Beer License for Sun River Golf Course Clubhouse Gary Esplin asked that Council consider a request for approval of on-sale and off-sale beer licenses for the Sun River Golf Course Clubhouse and operation. He explained that although they had applied for both on-sale and off-sale, according to City policy they could only have one license. Golf Club Representatives had opted to apply for off-premises sales. Council Member Whatcott made a motion to approve a request for approval of an off-premise beer license for the Sun River Golf Course Clubhouse and operation. Council Member Orton seconded and the motion passed unanimously. Grant Application Gary Esplin asked that Council consider authorizing Leisure Services to apply for a grant from the Utah Non-Motorized Trail and River Enhancement Program to build a trail from River Road to the Washington City border. Council Member Orton made a motion to authorize Leisure Services to apply for a grant from the Utah Non-Motorized Trail and River Enhance Program to build a trail from River Road to the Washington City border. Council Member Allen seconded and the motion passed unanimously. Grant Application Gary Esplin asked that Council consider giving their authorization to apply for a grant from the Land and Water Conservation Organization. He proposed that the City apply for $50,000 to be used toward the skate park. Council Member Isom made a motion that Council approve application for a $50,000 grant from the Land and Water Conservation Organization to be used toward the skate park. Council Member Gardner seconded and the motion passed unanimously. Battle of the Bands Gary Esplin introduced this addendum to the agenda. It is an application for a special event to be held May 6, 2000 in Sun Bowl. New Wave Productions, applicant. They are proposing to have a Battle of the Bands using 15 local bands. They have asked that the City waive the fee and take 15% of gate receipts in lieu of the fee. Mr. Esplin explained that the fee is $1,000 and is used to cover expenses for any City staff time expended for the event. Council Members asked what would happen if the project did not generate enough revenue for them to hire a clean up crew. Mr. Esplin said they would be responsible for clean up whether they hired a crew or cleaned it themselves. Council Member Gardner made a motion to approve an application for a special event to be held May 6, 2000 at the Sun Bowl, New Wave Productions, applicant, with the stipulation that the City would accept 15% of the gate receipts in lieu of the usual fee and New Wave Productions would be responsible for clean up. Council Member Orton seconded and the motion passed unanimously. Appointments to Boards Mayor McArthur announced that he would like Council to consider appointment of Floyd Rigby as Chairman of the Arts Commission. St. George City Council Minutes April 20, 2000 Page Ten Council Member Allen made a motion that Floyd Rigby be appointed as Chairman of the Arts Commission, Council Member Isom seconded and the motion passed unanimously. Minutes Mayor McArthur called for comments on the minutes of the City Council work meeting of March 30, 2000. Hearing none he called for a motion. Council Member Isom made a motion that the minutes be approved as written. Council Member Allen seconded and the motion passed unanimously. Executive Session Mayor McArthur asked if anyone had need of an Executive Session. Hearing a request he called for a motion to adjourn to executive session. Adjournment Council Member Whatcott made a motion that Council adjourn to Executive Session at 7:00 p.m. Council Member Orton seconded and the motion passed unanimously. ________________________________ Miriam Palma, Deputy City Recorder