City Council

Thursday, December 3,2015
Minutes



ST. GEORGE CITY COUNCIL MINUTES
REGULAR MEETING
DECEMBER 3, 2015, 5:00 P.M.
CITY COUNCIL CHAMBERS

PRESENT:
Mayor Jon Pike
Councilmember Gil Almquist
Councilmember Jimmie Hughes
Councilmember Michele Randall
Councilmember Joe Bowcutt
Councilmember Bette Arial
City Manager Gary Esplin
City Attorney Shawn Guzman
City Recorder Christina Fernandez

OPENING:
Mayor Pike called the meeting to order and welcomed all in attendance. The Pledge of Allegiance to the Flag was led by Scout Troup 672 and the invocation was offered by Nadine Barish with the congregation Beit Chaverim.

Mayor Pike mentioned events that are taking place currently and in the near future.

Councilmember Bowcutt mentioned the Christmas lights at the Town Square. He thanked the Parks Department for doing such a great job installing them.

COMMENTS FROM THE PUBLIC:
There were no comments from the public.

FINANCIAL REPORT:
Consider approval of the financial report for October, 2015.

City Manager Gary Esplin advised the report shows the City is in good financial condition. He stated that the financial statements are available online at www.sgcity.org.

MOTION: A motion was made by Councilmember Hughes to approve the financial report for October, 2015.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT:
Consider approval of an Intergovernmental Cooperative Purchasing Agreement between the City of St. George and Natural Purchasing Partners for fire apparatus.

St. George City Council Minutes
December 3, 2015
Page Two

City Manager Gary Esplin advised this is an agreement with an intergovernmental cooperative purchasing agency to assist in the purchase fire apparatus. He explained how the process works. In order to participate in the program, an agreement needs to be in place.

MOTION: A motion was made by Councilmember Almquist to approve the intergovernmental cooperative purchasing agreement with Natural Purchasing Partners for the Fire Department.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

AWARD OF BID:
Consider award of bid for a 107’ aerial ladder truck for the Fire Department.

City Manager Gary Esplin stated that this is for the purchase for a new fire truck in the amount of $972,583. The current budget includes $675,000; however, based upon this new truck, the Council authorized adding the additional $300,000 to cover the cost.

MOTION: A motion was made by Councilmember Arial to award the bid for a 107’ aerial ladder truck for the Fire Department.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

Mayor Pike mentioned after several months of discussion and public input, the Council has decided that the current short term rental ordinance will continue. He stated that enforcement will resume and the Legal Dept will begin sending notifications of the decision.

Councilmember Almquist mentioned last May; they took 330 youth to southern California. When he was there, he met San Bernardino’s Mayor Davis during his trip. On behalf of the Council, he reached out to Mayor Davis to let him know that the City stands beside them.

St. George City Council Minutes
December 3, 2015
Page Three

CLASS C BEER LICENSE AND LOCAL CONSENT:
Consider approval of a Class C Beer License and Local Consent for Viva Chicken restaurant located at 1183 East 100 South. Mathew Graff Glendenning, applicant.

City Manager Gary Esplin explained this is not a new license, rather a new owner. The applicant meets all requirements.

MOTION: A motion was made by Councilmember Almquist to approve the Class C Beer License and Local Consent for Viva Chicken restaurant.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

CLASS A ALCOHOL LICENSE:
Consider approval of a Class A Alcohol License for off premises sales for Maverik, Inc #521 located at 995 East St. George Boulevard. John Dinsdale Hillam, applicant.

City Manager Gary Esplin stated this request is an alcohol license for the new Maverik on the Boulevard. The previous business had a license at this location; however, this is a new business and a new building.

MOTION: A motion was made by Councilmember Randall to approve the Class A Alcohol License for off premises sales for Maverik, Inc.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

SINGLE EVENT ALCOHOL PERMIT AND LOCAL CONSENT:
Consider approval of Single Event Alcohol permits and Local Consent for the 2016 year for the George Jazz Garden beer garden located at 2 West St. George Boulevard. Emceesquare Media, Inc, applicant.



St. George City Council Minutes
December 3, 2015
Page Four

City Manager Gary Esplin explained that the George Jazz Garden has been operating throughout 2015 at George Streetfest event. The license previously approved expires at the end of this month.

MOTION: A motion was made by Councilmember Arial to approve the single event alcohol permit and local consent for the 2016 year for the George Jazz Garden.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

MEMORANDUM OF UNDERSTANDING:
Consider approval of the annual memorandum of understanding between the City of St. George Police Department and the U.S. Marshals Service.

City Manager Gary Esplin advised this agreement is a continuation of a previous agreement where the City is reimbursed for services provided to the U.S. Marshal office. The Police Department will receive $13,000 to be used toward overtime.

MOTION: A motion was made by Councilmember Arial to approve the annual memorandum of understanding between the City of St. George Police Department and the U.S. Marshals Service.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes from the meeting held on October 22, 2015.

MOTION: A motion was made by Councilmember Almquist to approve the minutes from October 22, 2015.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
St. George City Council Minutes
December 3, 2015
Page Five

Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

MINUTES:
Consider approval of the minutes from the meeting held on October 29, 2015.

MOTION: A motion was made by Councilmember Randall to approve the minutes from October 29, 2015.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/BARON COMMERCIAL CENTER/ORDINANCE:
Public hearing to consider adding “art studio/gallery” to the permitted uses to the Baron Commercial Center approved PD-Manufacturing zone use list; property is located at 620 North 1100 East Street. Miken Larsen, applicant.

Planner Ray Snyder presented the request to add “art gallery/art studio” to the approved PD-Manufacturing zone use list for the Baron Commercial Center. He presented a PowerPoint presentation covering the following topics: aerial map, zoning map, the letter from the applicant, and history – Zone Change. Staff has not received any letters of opposition and the Planning Commission recommends approval.

Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Councilmember Almquist to approve the permitted use for “art studio/gallery”.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.
St. George City Council Minutes
December 3, 2015
Page Six

PUBLIC HEARING/AMEND PD-C ZONE/ORDINANCE:
Public hearing to consider amending the PD-Commercial zone for Intermountain Health Care Medical Campus to expand the campus; property is located on River Road, between Medical Center Drive and Foremaster Drive. Steve Kelly, IHC, applicant.

Planner Ray Snyder presented the request to amend the PD-Commercial zone for Intermountain Health Care Medical Campus to expand the existing campus. He presented a PowerPoint presentation covering the following topics: conceptual rendering, photo simulation – rendering, east elevation – materials & colors, north & south elevations – materials & colors, west elevations – materials & colors, zoning map, aerial map, site/landscape plan, buildings & heights, and building changes. The proposed expansion will double the current building size. He then read the summary as listed in the agenda packet. Planning Commission recommended approval.

Mayor Pike added that this is a $220 million project. It will bring all of the inpatient services, acute rehabilitation and the mental health inpatient unit that were left at the 400 East campus. Additionally, it will expand the existing services at the River Road facility. All that will remain at the 400 East campus are outpatient cancer services; however, they will move to a different location in the future. Some outpatient services will remain at that campus as well.

Scott Wyckoff, Planner for the Southwest Region, stated that the parking on the corner of 700 South and River Road will remain. The groundbreaking is planned for May; construction will take approximately two years.

Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Councilmember Arial to approve the ordinance amending the PD-Commercial zone for Intermountain Health Care Medical Campus to expand the campus.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

Mayor Pike added that in today’s Mayor’s meeting, Terri Kane informed them that they will be using as many local companies as possible during construction.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider changing the zone from R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) to C-2 (Highway Commercial) to accommodate the future development of an auto service shop and car sales lot for Auto Gallery; property is located on the corner of 700 South and 1100 East Street. Bluff Street Properties, applicant.


St. George City Council Minutes
December 3, 2015
Page Seven

Planner Ray Snyder presented the request for a zone change from R-1-10 to C-2 to accommodate the future development of an auto service shop and car sales lot for Auto Gallery. He presented a PowerPoint presentation covering the following topics: aerial map, zoning map, general plan map, rezone to C2, proposal and photos of the property. He mentioned the comments for this item as noted in the agenda packet. Staff has not received any inquiries regarding this request. The parcel to the north will remain R-1-10. Pertaining to the driveway on the conceptual plan, staff will look to see if it meets the distance requirements.

Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Councilmember Hughes to approve the zone change from R-1-10 to C-2 on approximately .80 acres.
SECOND: The motion was seconded by Councilmember Bowcutt.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/VACATE TRAIL AND RECREATION EASEMENT/ORDINANCE:
Public hearing to consider vacating a portion of a trail and recreation easement located at Mall Drive and the north side of the Virgin River. Dinosaur Crossing, applicant.

Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of a trail and recreation easement along Mall Drive and the north side of the Virgin River. He presented and reviewed the final plat.

Mayor Pike opened the public hearing. There being no public comment, he closed the public hearing.

MOTION: A motion was made by Councilmember Almquist to accept the easement vacation for a portion of a trail and recreation easement located on the north of the Mall Drive Bridge and the north side of the Virgin River.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye


St. George City Council Minutes
December 3, 2015
Page Eight

Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider changing the zone from R-1-7 (Single Family Residential 7,000 sq. ft. minimum lot size) to PD-Residential on 4.78 acres located at 450 North Street between 2450 East and 3050 East Streets for the Residences at Four Fifty. Dixie Endeavor, LLC, applicant.

John Willis presented the request for a PD zone change from R-1-7 to PD-Residential for the Residence at Four Fifty. He presented a PowerPoint covering the following topics: aerial map, zoning map, land use plan map, proposed site plan. The proposed development meets the parking, landscaping and recreation requirements. He read staff’s comments as listed in the agenda packet. Since there are single family residences to the west, they will be required to install a privacy wall along that property line. He continued with his PowerPoint presentation covering the following topics: landscaping plan, elevation, materials board, and photos of the area. The Planning Commission spent quite a bit of time listening to comments from the public; they recommended denial.

Mayor Pike stated that the neighbors were notified.

Dave Nasal, applicant, presented a PowerPoint presentation covering the following topics: Residences at Four-Fifty; zoning map, proposal, maps of the area, and narrative. The goal is provide open space minus pools which can cause HOA’s to be expensive. Each of the lots will be plotted individually. He then showed renderings and explained that 450 North will be an 80 foot road. Most of the units will have a wide space between the proposed project and the single family homes. They are
working on drainage issues along Spring Tree Gardens and will keep as many trees as they can in that area. There is a 30-foot setback on the west side.

Mayor Pike opened the public hearing.

Melody Wittwer, resident, submitted a handout and stated that the neighbors came together because they love the City and their community. She read portions of the handout which is included in the agenda packet. They are looking at the regulations to protect their neighborhood.

Baltazar Zamora, Jr., resident, explained that he recently purchased his home. The proposal does not include a privacy wall along 450 North. He stated that this proposal will increase traffic on his cul-de-sac. These units will most likely be purchased by investors for rental properties. He does not feel it is fair for one man’s ambition of making money to put aside his family’s future. If this is approved, he would recommend adding a road or greater distance be put along the west side of the property to create a buffer. He will feel unsecure having the neighbors looking over into his yard. His home is directly west of this proposal.

St. George City Council Minutes
December 3, 2015
Page Nine

Kendrick Rogers, with High Point Homes, explained they are purchasing the home to the south. When they looked at the property, they assumed there would be more townhomes to the north, which they were comfortable with as there are some there already. Their property is zoned R-1-7 and will remain so.

Peter Mackitis, resident, thanked the Council for hearing their comments. He stated that he has spent a lot of time with staff on this project and noted that neighbors have become closer during this process. They like the way their community is, they want to keep it the same. It was denied by the Planning Commission twice. He is concerned that those who live in high density housing do not necessarily care about their neighborhood. He has invested quite a bit of money on his home. There is plenty of multi-family housing in that area. With the current zoning, they are at the range of the maximum. He hopes the right decision is made.

Barbara Turnbow, resident, explained that they moved here because this is a beautiful, safe community. When they purchased their home, they were told the area would be single family homes. There are a lot of children in the area. Their concern is that if 40 more apartments, with additional children, the children will be unattended and roam. She asked the Council to consider what was there in the beginning – what they moved into and invested in. These apartments would look right over the fence into their backyards which makes her nervous.

Rita Richardson, resident, commented that the apartments will be right in her backyard. She does not feel comfortable to have them that close. Additionally she commented that there will be additional traffic. She asked the Council to keep the zone as it is.

Mr. Nasal stated that he is not trying to recruit criminals to the area. They started with the concept of fourplexes on the north side and duplex town homes on the south side; however, once he heard the comments, they decided to keep it zoned R-1-7 on the south side. Although there is a decent amount of frontage on the south side, they plan to landscape the property as much as they can. They are spending a lot of money on this project. As he has children, he can appreciate the concerns and those wanting open space. He stated that he feels 450 is the buffer and that explained that he has met with Public Works regarding traffic concerns. A traffic light will be installed on 3050 in the future.

Mandy Gubler, resident, stated that all those involved have lived in high density housing. They know that it will not be full of criminals; however, when people live in homes they do not own, the investment is not as great. The neighborhood wants the area developed. She explained this property was purchased as a foreclosure. It is not fair, just because the developer got a good deal, that it fundamentally changes the integrity of the neighborhood they purchased their homes in.

Bryan Wilson, resident, stated that he is against the zone change. He asked that all those in the audience against the zone change stand.


St. George City Council Minutes
December 3, 2015
Page Ten

Roland Turnbow, resident, commented that the neighbors know each other and protect each other’s children. These residents have attended three meetings regarding this proposal. He hopes that they put credibility in the department that has responsibilities to protect, establish and maintain the good community and locations of St. George. It is disappointing that each time they have heard representatives of this development; there has been a change in plans. When that happens, he questions the reliability and truthfulness of what is being proposed. He told a story about President Abraham Lincoln and mentioned that the Council has an opportunity to make a profound impact to the residents of South Pointe.

Jim Park, resident, feels there have been some misrepresentations. Personally, he is excited about the project. There are a lot of presumptions that those that live in high density are criminals. The proposed units are not apartments, they are townhomes. People save up their whole lives to purchase townhomes just as they do single family homes. With fear comes a lot of speculation which may or may not be founded. There may be a number of people who feel as he does, they just may not be here tonight.

Mr. Mackitis commented that Mr. Park does not live very close to this area. This is the first time he has heard from someone in favor of the project. At the last Planning Commission meeting, Mr. Nasal stated that each of the duplexes would be sold individually. He believes if this is not approved, Mr. Nasal will flip the property.

Councilmember Hughes pointed out that these units have garages which make them look like homes.

Mr. Mackitis explained if you look at the area, there are mostly single-story homes. The proposal is for a two-story development. They are aware that a home can be two stories; however, as a resident in the area, he is trying to protect what he bought into.

Councilmember Hughes commented that this is a unique piece of property that may develop into something worse than what is being proposed.

Jeff Mathis, project architect, mentioned the importance of the design. The units were designed to have the owners take pride. He stated that this is not your basic duplex or fourplex, they have put thought into them.

Mayor Pike closed the public hearing. He asked City Attorney Shawn Guzman talk on the General Plan and zoning. There is never a “once and for all zoning” as the current Council cannot bind what the future Council would do.

City Attorney Shawn Guzman explained that a General Plan is what the legislative body generally visions as the future development of property. This is a unique piece of property because of how the area was developed. He stated that a General Plan is kind of a bubble; property lines are not necessarily followed. Although the Planning Commission recommended denial, the Council has the discretion to either approve or deny the request.

St. George City Council Minutes
December 3, 2015
Page Eleven

Councilmember Bowcutt clarified that the Planning Commission did not unanimously deny the request as one of the citizens stated. He explained that the developer has changed the plans to make fit better for the citizens. The proposed development is not in the middle of a single family subdivision, it is on the edge. He lives in a townhome and has great pride of ownership. He asked staff if the road on the west could run right on the property line, creating a larger buffer for those on the cul-de-sac. Additionally, he suggested the possibility of flipping the units.

Mr. Willis stated that is a possibility.

Councilmember Randall explained that she and her husband purchased a lot in 1991 on a cul-de-sac. Her neighbor built a 3-story home, another built a 2-story home and there are 45 children on her cul-de-sac. Even if the Council keeps it single family, they cannot predict who will be there.

Councilmember Hughes stated that he tends to agree with the residents for the most part. These are nice buildings; however, he sees the concerns of the residents.

Councilmember Arial commented that this is a tough decision; however, she believes staying with the existing zone is best.

Councilmember Almquist noted that he has seen this type of request a number of times as he was previously on the Planning Commission. In 90% of the requests, the developer had made adjustments because of opposition. He mentioned that
design can trump a number of things such as density or other negative effects. The proposal is broken into 3 phases. He asked if Mr. Nasal looking into having phases 2 & 3 zoned R-1-7 and phase 1 remaining as is.

Mr. Nasal explained they looked at that, but because of the property, it did not seem to work out. With single family homes, they can theoretically fit 22 lots. They can look at flipping the units as Councilmember Bowcutt suggested. He stated that they tried hard to find something that will fit on this property.

Councilmember Almquist recognized that developers do not just “wing it”. Based upon what he has seen in the past and zoning maps, he is inclined to keep it zoned R-1-7 and have Mr. Nasal make it work. He feels that although profit can be a motivator, it cannot be the only one.

Mayor Pike mentioned that this is difficult. The road will be an 80’ road no matter what the zoning is. If not approved, he doesn’t know what it will look like. It has not been developed because it is a difficult parcel. He appreciates that the developers are trying to make things work and the residents are trying to understand.

MOTION: A motion was made by Councilmember Bowcutt to authorize the zone from change R-1-7 to PD-Residential on 4.78 acres located at 450 North Street.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a roll call vote, as follows:
St. George City Council Minutes
December 3, 2015
Page Twelve

Councilmember Almquist – nay
Councilmember Hughes – nay
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – nay

The motion failed.

Councilmember Almquist agreed with Councilmember Bowcutt, just because some makes changes, they are not being wishy-washy, rather, they are trying to work things out.

PUBLIC HEARING/AMEND PD-R ZONE/ORDINANCE:
Public hearing to consider amending the PD-Residential zone for Magnolia Hills to construct a short term rental project on 7.49 acres located off Plantations Drive between World Mark by Wyndham, Green Valley Spa and Las Palmas. David Nasal, applicant.

Planning & Zoning Manager John Willis presented the request to amend the PD-Residential zone from Magnolia Hills. He presented a PowerPoint presentation covering the following topics: vicinity map, aerial maps, zoning map, general plan map, elevation, materials board, proposed site layout, close ups of the site. He
explained that 1790 West is a public street; however, it is proposed that it dead end into a private drive. The developer will be required to provide a public turn around. He continued with his PowerPoint presentation covering the following topics: Trailer & boat parking, landscape plan, plat and photos of the area. They are requesting that 1.64 acres remain natural landscape. The Planning Commission recommended approval with the condition that the applicant landscape disturbed areas to blend into the natural vegetation. This area was part of the Green Valley PD approved in the early 80’s; most of which is short term rentals. He read comments as listed in the agenda packet. The applicant has agreed to providing the public turn around. Additionally, he read the conditions from the Planning Commission, also outlined in the agenda packet.

Jeff Mathis, architect for the project, stated that the idea was to tap into the recreation that the area provides. The design of the site is to accommodate those who want to stay for a couple of days, with a resort mentality.

Councilmember Bowcutt asked Mr. Willis if the turn around is shown anywhere on the plans.

Mr. Willis explained that it is not in the plans, but staff will work with the developer to make sure it is part of the construction plans. There may be a slight modification to accommodate the turn around.

City Manager Gary Esplin noted that the modification can be made after staff has reviewed it.

Mayor Pike opened the public hearing.
St. George City Council Minutes
December 3, 2015
Page Thirteen

City Manager Gary Esplin explained when he built his home in that area, he knew this has been planned. He stated there is a need for another access on Plantations Drive.

Mayor Pike closed the public hearing.

Councilmember Arial commented that she believes this is an appropriate project for that area.

MOTION: A motion was made by Councilmember Arial to amend the PD-R zone for Magnolia Hills to construct a short term rental project on 7.49 acres located off Plantations Drive.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

PUBLIC HEARING/ZONE CHANGE/ORDINANCE:
Public hearing to consider changing the zone from R-4 (Multiple Family Residential) to PD-Student Housing on 1.6 acres for the Vintage at Tabernacle project; property is located at approximately 850 East Tabernacle. Chris McKay, applicant.

John Willis presented the request for a zone change for the Vintage at Tabernacle project. He presented a PowerPoint presentation covering the following topics: aerial maps, general plan map, zoning map, student housing pedestrian area and site plan. Although the code requires a minimum of two acres, the Council can reduce the acreage if the project is compatible to the surrounding area. The proposal is have 56 units with 265 beds. It is proposed that the project will be built as one project, not in phases. Parking requirements in PD-Student Housing is one parking stall per student; however, the ordinance allows a reduction. The developer is requesting a reduction to 0.75 parking stall per student. He outlined the conditions in which a developer can request a reduction in parking as stated in City code. He then reviewed the landscape plan and explained that they are required to have 100 sq. ft. of recreation space per unit. Access will be off Tabernacle and will have a pedestrian access in the rear of the property. They are requesting a height increase to 64’ 8”, the rear of the building would be the north instructional building. He mentioned other student housing projects in the area that are three stories high. Additionally, he showed the materials board and read staff comments as listed in the agenda packet. There will be a change in the driveway to line up with the one across the street.

Councilmember Arial commented that the proposed project is similar to gateway. It is important to install the landscape as planned.
St. George City Council Minutes
December 3, 2015
Page Fourteen

Mr. Willis stated that the Planning Commission recommended approval with the height reduction, reduction in area, elevation and site with the comments/conditions as outlined in the agenda packet. Staff has been speaking with the applicant on the type of trees; landscape experts have found that 36” box is the best to accommodate. He read staff comments as outlined in the agenda packet.

Councilmember Almquist asked if the density and location takes pressure off expanding to the west.

Mr. Willis commented that this project does what the ordinance is intended to do – to take pressure off the neighborhood to the west. There have been some residents who voiced their concerns regarding traffic.

Chris McKay and Grant Collard, applicants, explained that they assisted in a similar project in Provo. They manage over 11,000 beds in several states; they know what
students want. They presented a PowerPoint presentation covering the following topics: A growing university; what we’ve learned; Vintage at Tabernacle; and close vs. big and far.

Mayor Pike opened the public hearing.

Dana Patterson, site manager at Mesa Manor Apartments, explained that they are low income government subsidized housing for the elderly and disabled. She did not realize this would be five stories high. They are concerned about noise and drainage. When it rains, her parking lot gets flooded. Currently, there is a chain link fence separating them; she asked if they propose installing a block wall up to separate their building from her complex. She is excited to finally see development on the property.

Sherri Ruesch, Executive Director of Campus Facilities at Dixie State University, stated that when they build new buildings, they now build tall buildings. The current building being constructed is just as high as the proposed project. They are supportive of the project.

Mayor Pike mentioned that the State trumps the City - the University can build as high as they want. Because they do not have a lot of ground, they have to build up.

Spencer Beckstead, resident, stated that he recently moved to the area. He explained that he furnishes student housing and this is a group that takes pride in what they do. It is a compliment to have them in the City. He is in support of a project like this.

City Manager Gary Esplin commented that staff’s biggest concern is that this is the first time a project under the new zoning that allows a reduction in parking has been developed. The monitoring of the parking and agreements with those renting the facilities is very important. He asked if the developer is prepared not to rent the units if they cannot meet the parking requirements. Without the monitoring and the developer’s commitment, the project will not work.


St. George City Council Minutes
December 3, 2015
Page Fifteen

Mayor Pike commented that neighbors will be monitoring as well. This fits in well with the direction that the University is going. He hopes and believes this project will work.

Councilmember Almquist noted that there are eleven balcony–type doorways on the east elevation. He asked if they open or if they are more artistic. Generally, noise moves outside of the room to the balconies.

Mr. McKay replied the balconies are for artistic purposes only.

Mr. Collard explained that the balconies will be monitored regularly. Tenants cannot leave visually distracting items on them. As far as noise goes, it is typically contained in the middle of the courtyard. They plan on installing mature trees to buffer noise and for aesthetics. He does not believe they would like a block wall as Ms. Patterson suggested, but they can possibly install landscaping to provide a barrier. He can work though that with staff. The majority of the traffic will be on the University side.

Mayor Pike mentioned that because this is a Planned Development, the Council can require a block wall.

Councilmember Almquist commented that it is critical to note that their water cannot drain to the east; it needs to drain to the south.

The applicants stated that they will work with staff on drainage and other recommendations.

MOTION: A motion was made by Councilmember Bowcutt to approve the zone change from R-4 to PD-Student Housing on 1.6 acres for the Vintage at Tabernacle project and to give staff the ability to work with the developer on a barrier on the east side.
SECOND: The motion was seconded by Councilmember Arial.
VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

FINAL PLAT AMENDMENT/ORDINANCE:
Consider approval of an ordinance amending the final plat for Virgin Rio R.V. Park Phase 4.

Planning & Zoning Manager John Willis presented the request for a final plat amendment for the Virgin Rio R.V. Park, Phase 4. The applicant is proposing to amend the note that requires a 20’ building setback as there have been several sheds built in the area. He read the current and proposed notes as follows:
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December 3, 2015
Page Sixteen

Current: A 20.00’ building setback exists along the rear portion of Lots 261-274 as shown on the Plat.

Proposed: A 20.00’ non habitable building setback exists along the rear portion of Lots 261-274 as shown on the Plat.

MOTION: A motion was made by Councilmember Arial to amend the final plat for Virgin Rio R.V. Park Phase 4.
SECOND: The motion was seconded by Councilmember Randall.

Councilmember Almquist added that provided the City assumes no liability for property damage as the Council has allowed it.

City Attorney Shawn Guzman advised that he does not know what liability the City would assume. Anyone who has a structure is responsible for that structure.

VOTE: Mayor Pike called for a roll call vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

SET PUBLIC HEARINGS:
Planner Ray Snyder advised at its meetings held on November 24, 2015, the Planning Commission recommended setting public hearings on December 17, 2015 to consider: 1) a zone change request from M&G (Mining & Grazing) and A-1 (Agriculture) to R-1-8 (Single Family Residential 8,000 sq. ft. minimum lot size) on approximately 48 acres to accommodate the future development of a residential subdivision; property is located at approximately 3500 South and 3400 East; 2) a zone change from RE-37.5 (Residential Estate 37,500 sq. ft. minimum lot size) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) on approximately 3.13 acres to accommodate single family residential lots; property is located north of 750 North Street between 1300 West Street and Picturesque Drive; 3) a zone change amendment to the Hidden Valley PD (Planned Development) area by relocating the proposed church site 3.2 to the intersection of Hidden Valley Drive and Athens Drive and to move the school site 3.1 to the church’s previous location; the property is generally located south of Hidden Valley Road and west of Brigham Road; and 4) a zone change amendment to change the Ledges PD (Planned Development) Master Plan from Golf Course/Park Open Space to residential and increase designated short term rental areas on 11.8 acres; the proposed areas are located on the east side of Highway 18.

City Manager Gary Esplin asked if the School District signed off on the request to amend the Hidden Valley PD. He believes it is important that they are involved.

Mr. Snyder replied that he is not sure. Staff will request a letter from the School District. The church would like to come in now as a logical extension and not have a vacant property.

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December 3, 2015
Page Seventeen

MOTION: A motion was made by Councilmember Hughes to set the public hearings for December 17, 2015.
SECOND: The motion was seconded by Councilmember Almquist.
VOTE: Mayor Pike called for vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

CONDITIONAL USE PERMIT:
Consider approval of a conditional use permit to construct a detached accessory garage at 1842 South 3430 East Circle. Mr. and Mrs. Judd Palmer, applicants.

Planner Ray Snyder presented the request for a conditional use permit to construct a detached garage at 1875 South 3430 East Circle. He showed zoning (A-1) map, aerial maps, elevations, and photos of the property. The garage would match the materials of the home, which sits on approximately 8.00 acres. The roof peak would be 26’, the height to the midpoint of the roof would be 21’. Planning Commission recommends approval. The footprint does not show habitable area. He outlined the findings as listed in the agenda packet.

MOTION: A motion was made by Councilmember Randall to approve the conditional use permit for the Palmer home at 1842 South 3430 East Circle.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

FINAL PLAT:
Assistant Public Works Director Wes Jenkins presented the final plat for Dinosaur Crossing Subdivision Phase 2, a 10-lot commercial subdivision located along the south side of Riverside Drive and the east side of Mall Drive; zoning is PD-Commercial. He showed and reviewed the final plat.

Keith Buzwell, with Wadman Corporation, has been involved with this property for about eight years. They are proud to have taken part in installing the Mall Drive Bridge.

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December 3, 2015
Page Eighteen

MOTION: A motion was made by Councilmember Hughes to approve the final plat for Dinosaur Crossing Subdivision Phase 2 and authorize the Mayor to sign.
SECOND: The motion was seconded by Councilmember Randall.
VOTE: Mayor Pike called for vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.

REPORTS FROM MAYOR, COUNCILMEMBERS AND CITY MANAGER:
Councilmember Bowcutt reported that missed the last Planning Commission meeting and will miss the next one.

Mayor Pike mentioned that next week there is a required training at 3:00 for open meeting. Additionally, he mentioned that on the 17th of December at 4:00, there will be a reception for Councilmember Almquist. The swearing in for Ed Baca, as well as Jimmie Hughes and Bette Arial will be at noon on Monday, January 4th.

The meetings on December 24th and 31st will be cancelled.

ADJOURN:
MOTION: A motion was made by Councilmember Bowcutt to adjourn.
SECOND: The motion was seconded by Councilmember Hughes.
VOTE: Mayor Pike called for a vote, as follows:

Councilmember Almquist – aye
Councilmember Hughes – aye
Councilmember Randall - aye
Councilmember Bowcutt – aye
Councilmember Arial – aye

The vote was unanimous and the motion carried.





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Christina Fernandez, City Recorder