Planning Commission Minutes

Tuesday, April 11,2006



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
April 11, 2006


PRESENT: Chairman Gil Almquist
Commissioner Chapin Burks
Commissioner Vince Clayton
Commissioner Ron Bracken
Commissioner Ross Taylor
Commissioner Kim Campbell
Council Member Gail Bunker

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Director Bob Nicholson
Planner Mark Bradley
Planner Ray Snyder
Engineer Cathy Hasfurther
Deputy City Recorder Linda Brooks


CALL TO ORDER

Chairman Almquist called the meeting to order, welcomed those in attendance. Chairman Almquist led the flag salute.

LOT SPLIT

Consider a request to split one lot into two parcels located at approximately 250 East and 825 South (Dixie High School property). Mr. Dennis Patten, representative. Case No. 2006-LS-003

Planner Ray Snyder said the request before you tonight is to divide a parcel of land into two parcels in order to construct a church building (an LDS Seminary Building). The split would create a lot from Washington County School District property (high school). This property is located behind Dixie High School. The applicant proposes to construct a 9,210 sq. ft. single story church seminary building for students to attend classes and for related administration. Access to the parcel is from the High School parking lot. Access to the parking lot is from 400 East Street. Staff recommends the following standard conditions be applied:

1. Provide separate deeds for each created parcel.
2. In addition to the legal descriptions that appear on the ROS (Record of Survey; which is filed with the County Recorder and is not recorded) provide the City a separate 8-1/2 x 11 legal descriptions for each parcel.

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3. A utilities and drainage easement shall be completed, notarized, and recorded.
4. The City Engineer shall review the cross access (reciprocal access agreement). The cross access agreement shall be recorded by the applicant and a copy provided to the City.
5. The applicant shall submit for review all legal documents to the City Attorneys Office.

Traffic engineering conditions are as follows;

1. That a cross access (reciprocal access agreement) easement be prepared for the two lots so access can be achieved between the lots.
2. All access issues shall be resolved with the City Traffic Engineer.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of a request to split one lot into two parcels located at approximately 250 East and 825 South (Dixie High School property), Mr. Dennis Patten, representative. Commissioner Bracken seconded the motion. All voted aye.


DETERMINE USE (A)

Determine whether or not a Childrens Justice Center, a private/public partnership would be similar to Public Buildings as listed as a conditional use in residential zones. Ms. Patricia Sheffield, representative. Case No. 2006-DU-002

Planner Ray Snyder said this is a property that is in an R-1-8. There is also with this an associated Conditional Use Permit for the Childrens Justice Center. The reason this is being proposed is to determine whether a Childrens Justice Center, which is a private/public partnership, would be similar to Public Buildings which is listed a conditional use permit in Chapter 7, Residential Zones. The proposed location is at approximately 450 East, 500 South Street. The applicant proposes to building a 2-story home that would serve as the operational center for Washington Countys Children Justice Center.

Patricia Sheffield the applicant said the property is owned by Intermountain Health Care and the Children Justice Center has been in this area since 1996. They do not house any children. They are there long enough to interview the children. They are establish under State statue. They see the children who have been affected by internet crimes, abuse and drug and sexual abuse crimes. This facility should be in a neighborhood setting to make the children feel more comfortable. The public use they receive from the State helps to operate a part of their facility. Everything else is funded by private organization. They are called Washington County Justice Center so they are considered employees of Washington County but are funded by monies from the State.


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Council Member Bunker asked why so many parking spaces. Patricia replied that is a requirement from the City to meet their ordinance.

Chairman Almquist asked legal council if this property is determined to be a Conditional Use Permit and if someone else came in with a different use would they be required to supply more parking? Deputy City Attorney Paula Houston said any one with a new use for this building will require a new conditional use permit. Ray went over the ordinance on how the parking ratio was determined.

Patricia said they have an agreement with IHC, which is donating the land to them, that IHC has the right to determine who would go in building if they vacated.

Commissioner Burks said no complaints on your current location. Patricia said in the 8 years she has been director she has not received any complaints.

Patricia said her average interview runs about 2 hours. Patricia said they are building for the future. She said they are interviewing about 300 children per year. This new building will give them more office staff rooms and a larger conference room. Patricia said the most they would have is five families in the building at one time. But that would be very rare.

Dennis Landon lives behind this proposed building he said they have talked to Patricia a couple of times and they are in favor of the home. They have a garage in the rear and they would like to still have access though the existing shared driveway.

Ila May Blake said she is not in favor of having a public building in their area. She would like to see this property sold to a developer and have home build on it. She is concerned about the traffic.

Dr. Day said he is the original designer for this project. He would like to say they are not adding another public building they are adding a home. He said child abuse is on the rise and it is not declining. This is not just another development. This is a commitment to the children of an abused situation.

John Pike who works for IHC said he has been on the advisory board for the Justice Childrens Center. This is important work - it is not a typically commercial business. He rarely sees cars there and really not much activity. This is a great program.

Monica Hafen said she doesnt have a problem with them being there. She would like to know what will happen to the existing home.

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Lloyd Cannon said he is not against it. He is concerned about the parking lot at night will it be locked up.

Tom Durrant said that place is constantly full of vehicles. He feels the parking should be increased.

Sharon Brooks said she would like to see them use some of the land for single-family development.

Mike Allton said he does not want it in his neighborhood. He agrees with Tom Durrant about the parking. People in a residential area should not have this type of use near their home.

Barney Cox said he has problems with the parking. He worries about the neighborhood children.
Brian Armstrong said he is against this being in the neighborhood.

Patricia said there are people who are concerned about increased traffic. They generally have only two or three families at one time. She said there is one meeting that is held on Tuesdays from 8:00-9:00 a.m. for about 20-25 people. Commissioner Campbell asked if they could have the meetings at the hospital? Patricia said no she would like to keep them in the same facility.

Commissioner Clayton called a question. Commissioner Bracken seconded the question.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a Childrens Justice Center, a private/public partnership would be similar to Public Buildings as listed as a conditional use in residential zones, Ms. Patricia Sheffield, representative. Commissioner Bracken seconded the motion. All voted aye.


CONDITIONAL USE PERMIT

A. Consider a conditional use permit request to construct a new Childrens Justice Center operational center on property located at approximately 450 East and 500 South Street. Ms. Patricia Sheffield, representative. Case No. 2006-CUP-009

Planner Ray Snyder said this is to construct a 2-story building that would serve as the operational center for Washington Countys Childrens Justice Center. The building would appear as a single family residence from the street. The size would be 4,041 sq. ft. on the main floor level and 1,861 sq. ft. on the upper level. There would be a playground and parking lot located to the rear of the property. The total property size would be 34,848 sq. ft. The total height of the building will be 32 ft. 7 inches.

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Staff recommends approval with conditions that would include, but not be limited to the following;

1. Due to the determination of case No. 2006-DU-002 that this request is similar to a public building in the R-1-8 zone, this conditional use permit is approved with conditions;
2. Redesign the driveway to avoid close proximity to existing power pole.
3. Determine that 20 parking spaces are adequate for this application.
4. Any proposed future expansions would require additional review by the Planning Commission and City Council.
5. Obtain a business City license.
6. Submit a SPR (Site Plan Review) application (the plan checking process). The site is subject to review and modifications as determined by the SPR.
7. A lot merger is required to combine SG-928-A and SG-928-B.

Commissioner Burks asked if they would be willing to put up a wall around the property. Patricia Sheffield said that is something they could look at. She feels this would not make the property look more conducive for the neighborhood.

Chairman Almquist stated it would be nice if they could spare the trees on the lot if at all possible. Patricia said she agrees.

Bob Johnson a neighboring resident said he thinks their presentation here tonight looks residential.

MOTION: Commissioner Clayton made a motion to recommend to City Council approval a conditional use permit request to construct a new Childrens Justice Center operational center on property located at approximately 450 East and 500 South Street. Ms. Patricia Sheffield, representative, subject to each of recommendations from staff and with 4 additional ones, 1) it be determined through staff if a wall would be necessary, 2) that there be no overnight or residence of this home, 3) administrative interview only to take place and 4) keep the tree in the front. Commissioner Burks seconded the motion. Commissioner Taylor said he would like no therapy or medical treatment at this facility be added to the motion. Commissioner Clayton and Commissioner Burks accepted that into the motion. All voted aye.


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

B. Consider a conditional use permit to construct an LDS church stake center and associated pavilion on property located at approximately 2400 East and 3400 South, west of Little Valley Road. Mr. Dennis Patten, representative. Case No. 2006-CUP-010

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Planner Ray Snyder said this request is to construct a church building with an associated outdoor pavilion. The parcel is zoned A-1 and RE-20. Ray went over the parking requirements. Typical operation includes; Sunday services, weekly leadership meetings, Relief Society meetings, Scouting, and youth activities. Two driveways will be installed on the northern road for ingress and egress. A conceptual landscaping plan has been submitted. The building will not exceed the maximum allowable building height. Ray pointed out that the Engineering Department is working with the applicant to address site drainage. Presently the canal bisects the property. The applicant is required to work with Development Services to mitigate.

Staff recommends approval with standard construction conditions of approval;

1. Submit a SPR (Site Plan Review) application (the plan checking process). The site is subject to review and modifications as determined by the SPR.
2. Comply with City Traffic Engineer requirements for access and circulation.
3. Coordinate with effected utilities to provide appropriate infrastructure; sewer, water, electrical, gas, etc. to the site.
4. Coordinate with the Development Services Department to ensure that roads comply with master road plan. Coordinate utilities with the road construction.
5. Mitigate the canal bisects the property to the satisfaction of the Development Services Department.
6. Comply with Concurrence Policy (ord. 2001-02-007) for offsite roadway improvements.

Dennis Patten said the ditch is being piped up further. The canal will be put along the edge. The traffic will come off Little Valley Road but in time it will come off another road to the west.
MOTION: Commissioner Burks made a motion to recommend to City Council approval of a conditional use permit to construct an LDS church stake center and associated pavilion on property located at approximately 2400 East and 3400 South, west of Little Valley Road, Mr. Dennis Patten, representative, with staffs recommendations. Commissioner Taylor seconded the motion. All voted aye.


C. Consider a conditional use permit request to construct an LDS Seminary building located at approximately 250 East and 825 South (south of Dixie High School). Mr. Dennis Patten, representative. Case No. 2006-CUP-011

Planner Ray Snyder presented a request to construct an LDS Seminary Building. A lot split will be required for this site (which was item 1 on this agenda). The floor plan will have six classrooms, seven offices, one principals office, a workroom, and restrooms. The applicant proposes 2 parking spaces per classroom plus 2 for staff for a total of 14 parking spaces.

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Ray said the building will have a concrete tile roof, and the exterior siding will have a brick veneer. The applicant has submitted a colored elevation Staff recommends approval with standard construction conditions of approval and;

1. Staff recommends that both Junior High and High School students be housed in the proposed new building and discontinue the use of the 775 South Street facility.
2. Provide a cross access agreement.
3. Submit a lot split application (ref. 2006-LS-003).
4. Submit a SPR (Site Plan Review) application (the plan checking process). The site is subject to review and modifications as determined by the SPR.
5. Comply with City Traffic Engineer requirements for access and circulation.

Dennis Patten said the concrete tile is what they generally do on their projects due to the heat. On this project they may or may not use concrete tile on this project. The old building will be purchased by the School District to be used for adult education in the evening. The chain link fence is being suggested - the church wants to save money by using chain link.

Commissioner Taylor asked if there was a cross access agreement in place to be used. Dennis said it is.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a conditional use permit request to construct an LDS Seminary building located at approximately 250 East and 825 South (south of Dixie High School), Mr. Dennis Patten, representative, subject to the conditions of staffs comments (exclude #1). Commissioner Bracken seconded the motion. All voted aye.


Commissioner Campbell returned to his seat on Planning Commission.

FINAL PLATS

A. Consider approval of a final plat for Paragon Cove Townhomes Phase 5 at Stone Cliff with 20 single-family detached patio home sites located off of Cliff Point Drive, south of 1450 South Street. Mr. Gail Maxwell, representative. Case No. 2006-FP-022

B. Consider approval of a final plat for Stone Cliff Phase 10 with 64 single-family lots located at the southwesterly portion of the development off of 1450 South Street, east of River Road. Mr. Gail Maxwell, representative. Case No. 2006-FP-023



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C. Consider approval of a final plat for The Cliffs of Snow Canyon Plat H with 34 single-family lots located east of Snow Canyon Parkway at approximately 3052 North. Mr. Ryan Cowley, representative. Case No. 2006-FP-024

D. Consider approval of a final plat for Franklin Place Phase 1 with 35 single-family lots located at 2450 South and Little Valley Road. Quality Development, applicant. Case No. 2006-FP-025

E. Consider approval of a final plat for Sun River St. George Phase 18 with 33 single-family detached patio home sites located off of Arch Angel Drive, south of the Sun River Parkway. Mr. Darcy Stewart, applicant. Case No. 2006-FP-026

MOTION: Commissioner Clayton made a motion to recommend to City Council approval of the final plats read into the record and authorize chairman to sign. Commission Burks seconded the motion. All voted aye


D. Consider a conditional use permit to construct and establish an indoor go-cart track, restaurant, three conference rooms, and possible future indoor climbing rock inside of a leased industrial building located in the Millcreek Industrial Partk at 3146 East Deseret Drive. Mr. David Robinson, representative. Case No. 2006-CUP-012

Planner Ray Snyder said this has been before you to determine the use for the industrial park area. The subject property is located in the Millcreek Industrial Park at 3146 East Deseret Drive. The total building will be 53,800 sq. ft. There are proposed sixteen adult go-carts and five junior go-carts. The adult go-carts are used on one track and the junior are used on another. The restaurant is not intended as a destination restaurant. There are 75 existing parking spaces. The Planning Commission will have to determine if this use is adequately served by 75 parking spaces. Ray went over staffs recommendations;

1. The site is approved only for two indoor go-cart tracks, associated ancillary restaurant, and conference rooms.
2. 75 parking spaces have been determined to satisfy the parking requirements based upon submitted parking calculations by staff.
3. The applicant(s) shall obtain a City business license.
4. Outside lighting shall comply with dark sky lighting design.
5. A SPR (Site Plan Review) application shall be submitted for plan checking.

Commissioner Campbell said he is concerned about the lighting. Currently there are lights that are already existing

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Tim Maserang the applicant said they are utilizing most of the space in this building. They do have some space for rock wall climbing in the future.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a conditional use permit to construct and establish an indoor go-cart track, restaurant, three conference rooms, and possible future indoor climbing rock inside of a leased industrial building located in the Millcreek Industrial Partk at 3146 East Deseret Drive, Mr. David Robinson, representative, to include the possible future indoor climbing wall and subject to staffs comments. Commissioner Clayton seconded the motion. All voted aye.


BUILDING WITHIN I-15 RIGHT OF WAY (A)

Consider approval of a building design for the Texas Road House restaurant located within 200 ft. of the I-15 freeway right-of-way at Red Cliffs Drive and 2720 East. Mr. Paul Machalek, representative. Case No. 2006-SPBE-004

Planner Ray Snyder presented a site plan and building elevation for a proposed restaurant. The property is located near the intersection of Red Cliffs Drive and 2720 East. The area is zoned
C-3.

Paul Machalek representative for the Texas Road House said they are doing their own civil engineering with PEPG out of Salt Lake area. From the top of building is where their flag poles where based. On their site visit they have decided to delete those flag poles. They are working very closely with the development engineer.

Commissioner Campbell asked about the material used for the roof and also the wood products they plan on using for the building. Paul asked what would you suggest they use? Commissioner Campbell said there is a cement type board to make it look like wood. Paul said they will consider a more desirable type siding due to the weather here in St. George.

Chairman Almquist said the plan should be adhered too.

Bob Nicholson said the flags have not been allowed on top of buildings. He suggested they do a separate flag pole.





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MOTION: Commissioner Burks made a motion to recommend approval of a building design for the Texas Road House restaurant located within 200 ft. of the I-15 freeway right-of-way at Red Cliffs Drive and 2720 East, Mr. Paul Machalek, representative, subject to staffs recommendations and look at other building materials for the wood like siding. Commissioner Campbell seconded the motion. All voted aye.


Commissioner Bracken stepped down on the next two items due to conflict of interest.

DETERMINE SIGNIFICANT CHANGE (A)

Determine whether or not a proposed office building in lieu of a designated restaurant/retail pad site located within the Blackridge PD Commercial development at 250 West and Blackridge Drive is a significant change to the Planned Development zone. Mr. Steve Brown, applicant. Case No. 2006-DSC-004

Planner Ray Snyder said this before you is to determine whether or not if a proposed office building in lieu of a designated restaurant/retail pad site located within the Blackridge PD Commercial development would be considered a significant change to the zone and require a public hearing.

Commissioner Clayton asked about the rear of the building. Gary Tooke spoke on the highest point which is 34 ft. for the building. They discussed the layout of the building.

Commissioner Campbell asked if the mechanical units will be hidden by the parapet? Commissioner Campbell wants to make a recommendation that the mechanical units cannot be seen.

Chairman Almquist said why was the decision different than what was made. Gary said because of the expansive clay.

They spoke on the landscaping and how the vegetation will be watered.

MOTION: Commissioner Clayton made a motion to recommend approval as long as the floor elevation on the building is not less 4 ft. from the existing building and the top of the mechanical units are not higher than the parapet. Property hidden as set by staff. Commissioner Burks seconded the motion. All voted aye.

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SITE PLAN & BUILDING ELEVATION

Consider a request for a site plan and building elevation approval for the Blackridge Office Building #2 located within the Blackridge Planned Development Commercial zone at 250 West and Blackridge Drive. Mr. Steve Brown, applicant. Case No. 2006-SPBE-005

Planner Ray Snyder said this is a site plan and building elevation review for a proposed office building. The height is about 34 ft. and the lot size is 103,433 sq. ft. The applicant proposes to build a 27,560 sq. ft. two-story building. The building will have a concrete tile roof, and the exterior siding will have a brick veneer or decorative rock wainscot. The applicant has submitted a colored elevation and indicates earth tones with a brown roof. The proposed parking is 110. The site is short one space and three spaces need to be removed due to the fact that the design and location is not permitted. Staff recommends approval with the following conditions;

1. The applicant must resolve parking discrepancies during the plan check process.
2. Platting of lots is required.

Commissioner Campbell questioned on the bottom elevation. He said when you look at the floor plan it shows three pop-outs on the end of each.

Mark Bradley said that is the reason they bring this before the Planning Commission and there is something that needs to be addressed now is the time to do so.

Commissioner Campbell said on the elevation setting from Bluff it needs to have some breakup of the style. It looks too much as a upscale manufacturing building. Commissioner Campbell suggested new designs that would make the building pop-out. There should be something to either goes back out or pops-out. Gary Tooke said they could create a pop-out but it will only be a facade.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a site plan and building elevation approval for the Blackridge Office Building #2 located within the Blackridge Planned Development Commercial zone at 250 West and Blackridge Drive. Mr. Steve Brown, applicant, with the following conditions, staff comments, the elevations of building will be 20 ft. difference and that the east elevation (Bluff Street) that the center flat wall is broken up in thirds with one surface coming out 1 ft. or going in 1 ft. Commissioner Taylor seconded the motion. All voted aye.


Commissioner Bracken returned to his seat on the Planning Commission board.

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REDUCED SETBACK (A)

Consider a request side/rear yard setback along the south property line for an expansion of a storage building located at 1020 No. Dixie Downs Road. Mr. Bart Smith, representative. Case No. 2006-RS-002

Planner Ray Snyder said the applicant wants to withdraw their request for this item. Chairman Almquist said let the record show that this item has been pulled by the applicant. No vote is needed.

NON-CONFORMING BUILDING

Consider a request to modify a non-conforming building/use by attaching a storage unit at the required street side setback to a non-conforming front setback area on property located on 1020 North near the intersection of Dixie Downs Drive and 1020 North. Mr. Bart Smith, representative. Case No. 2006-NC-001

Planner Ray Snyder said this is to consider a request to modify a non-conforming building constructed at two feet (2') from sidewalk by attaching a new storage unit to it at the required setback of twenty feet (20') from the property line on 1020 North Street. Dixie Self Storage Center has existing storage buildings that were constructed on 1020 North Street two feet (2') behind the sidewalk.

MOTION: Commissioner Clayton made a motion to recommend denial of a request to modify a non-conforming building/use by attaching a storage unit at the required street side setback to a non-conforming front setback area on property located on 1020 North near the intersection of Dixie Downs Drive and 1020 North. Mr. Bart Smith, representative. Commissioner Burks seconded the motion. All voted aye.