Planning Commission Minutes

Tuesday, June 13,2006



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
June 13, 2006


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

EXCUSED: Commissioner Julie Hullinger
Commissioner Ross Taylor

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

CALL TO ORDER

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

Chairman Almquist thanked Mark Bradley for his dedication to the City of St. George as City Planner for 6 years. He will be solely missed.

CONSENT ITEMS - FINAL PLATS

Planner Mark Bradley said Home Depot would be subject upon UDOTs approval. They have worked out all the City has requested them to do. Whisper Ridge Phase 2 needs to be approved subject to the maintenance issue of the round-about as well as a detention basin.

A. Consider approval of a final plat for The Ledges at St. George Phase 3 with 51 single-family lots located at Ledges Parkway and 1620 West. Mr. Randy Deschamps, representative. Case No. 2006-FP-044

B. Consider approval of a final plat for Shinava Ridge with 49 single-family patio homes sites located at Entrada Trail and Sinagua Trail, west of Snow Canyon Parkway. Mr. Richard Allen, representative. Case No. 2006-FP-045


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E. Consider approval of a final plat for Black Ridge Commercial Center with 2 commercial lots located at 250 West and Black Ridge Drive. Mr. Brandon Anderson, representative. Case No. 2006-FP-052

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of final plats 1A, 1B and 1E which were read into the record and authorize Chairman to sign. Commissioner Campbell seconded the motion. All voted aye.


C. Consider approval of a final plat for Whisper Ridge Phase 2 with 15 single-family lots located at Indian Hills Drive at approximately 1200 West. Mr. Cary Blake, applicant. Case No. 2006-FP-046

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of final plat C subject to finalizing a maintenance agreement for the round-about and the detention area and authorize Chairman to sign. Commissioner Nobis seconded the motion. All voted aye.


D. Consider approval of final plat for Home Depot - Westridge Commercial Subdivision with 5 commercial lots located at the northwest corner of the intersection of Westridge Drive and Sunset Blvd. Ms. Amy Yatch, representative. Case No. 2006-FP-051

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of final plat D subject to UDOTs approval for the improvements along Sunset Blvd. and Westridge Drive and authorize Chairman to sign. Commissioner Nobis seconded the motion. All voted aye.


PRELIMINARY PLATS

A. Consider a preliminary plat request for Foremaster Green Condominiums with 156 dwelling units located at the southeast corner of Foremaster Drive and Riverside Drive intersection. Mr. Tim Fry, representative. Case No. 2006-PP-020

Planner Mark Bradley said this has been brought through before and identified. The subject units exceed the height of 35 ft. and also would be considered a 3-story building. Mark said the first story would be parking and then two stories of living above there. This item will have to come back through under a conditional use permit for the height, also as R-3 multi-story and PLANNING COMMISSION
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2-1/2 stories. Mark said it is best to point out a few things tonight then it could be continued on to the next meeting.

Mark stated the applicant received a hillside development permit a year ago. The area of disturbance will remain the same but the type of buildings will be different. It is a larger building in mass size. With the design of the building it reduced the area of open space/recreation. They are providing the minimum for recreational area which is 200 sq. ft. per unit.

Mark said staff is recommending that the cul-de-sac be stubbed so in the future it can connect to the main entrance on Nettas Knoll Drive, which is a public street. As far as the hillside development permit they were to supply access to the property in the back, which is located east of this property. Staff recommends that access to the north be developed according to the hillside cut and match the hillside plans.

Chairman Almquist said as far as hillside, it does not change the percentages of disturbance by adding the club house? Mark said his understanding the cut area will remain the same.

Ben Howell representing the owner said the square footage of the units have increased to approximately 1,700 sq. ft. It will look more aesthetically pleasing as the parking will be in the rear of the buildings. Ben said the hillside cuts have not been changed. Ben said they purchased the property after it went through hillside. Their buildings are thicker and larger than when the Hillside Review Board reviewed the plans.

Tim Fry with Premier Design and Engineering said he did the originally layout of Foremaster Green with Rosenberg and the units all have a 25 ft. setback from Riverside Drive. The actually disturbance line on the old plans is where the grading limits were. The actually grading has reduced on some of those limits. The actually retaining walls on the south end have reduced about 8 ft.

Commissioner Campbell questioned if they could angle the buildings to give the site some relief. The way it looks now, it looks like barracks. Tim said they played with the plans quite a bit and that is what they have come up with.

Commissioner Bracken said because the buildings are higher, bigger and bulker maybe they should decrease the amount of buildings. Tim said they have increased the amount of the land but they have not disturbed the hillside.


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Tim said the areas they count for recreation was in the center of the subdivision but they did not count what was between the buildings as part of the recreation center.

Chairman Almquist said the landscaping is sufficient. Chairman Almquist asked if the units are being build on piers? Tim said they have to due to the clay soil. Chairman Almquist said the landscape shown on the plans around the units will require watering. The clay soil will be disturbed around those units. Tim said the landscaper will have to coordinate with the geotechnical engineer on those issues.

Dave Black with Rosenberg & Associates is the geotechnical engineer on this project. He said they want to reduce the amount of high water type plants. They will encourage them to keep the landscaping away from the buildings. If there is good drainage they can increase the landscaping. They will have to look at the slopes. Chairman Almquist asked how deep the clay was out there. Dave said it is deeper than they can reach. This will be a challenge.

MOTION: Commissioner Burks asked for this item to be tabled and heard on the next Planning Commission agenda. Commissioner Bracken seconded the motion. All voted aye.


Jay Sandberg City Engineer said the board may want to take both preliminary plats for Sun River Phase 20 and 28 together.

B. Consider a preliminary plat request for Sun River St. George Phase 20 with 42 single-family patio home sites located at Angel Arch Drive and English Ivy Drive, south of Sun River Parkway. Mr. Darcy Stewart, applicant. Case No. 2006-PP-024

C. Consider a preliminary plat request for Sun River St. George Phase 28 with 42 single-family patio home sites located at Garnet Ridge Drive and English Ivy Drive, south of Angel Arch Drive. Mr. Darcey Stewart, applicant. Case No. 2006-PP-028

Jay Sandberg City Engineer said this is in the southerly area of Sun River. This is the typical Sun River development. On Angel Arch Drive it is a 66 ft. road. This is pretty straight forward.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of preliminary plats Sun River Phase 20 and 28. Commissioner Bracken seconded the motion. All voted aye.



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E. Consider a preliminary plat for Crimson Valley Estates with 56 single-family lots located at 3000 East and 2000 South. Mr. Ken Miller, representative. Case No. 2006-PP-031

Jay Sandberg City Engineer said as stated in the packet this is a development that went through a zone change with a development agreement. The lots will be larger. Jay said 3000 East is a corridor for a trail and a large drainage area. The developer has accommodated that with a large easement. Staff wants to take a closer look at the detention basin to see if the look can be soften. Jay said there is a large power pole that will need to be resolved.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a preliminary plat for Crimson Valley Estates with 56 single-family lots located at 3000 East and 2000 South. Mr. Ken Miller, representative. Commissioner Burks seconded the motion. All voted aye.


PUBLIC HEARING - AMEND FINAL PLAT

Consider a request to amend the final plat for Bloomington Ranches No. 7, to divide Lot #9 into two lots located at Sugar Leo Drive and Latonia Circle. Mr. Jim Raines, representative. Case No. 2006-FPA-031

Bob Nicholson said lot 9 is on the corner of Latonia Circle and Sugar Leo Drive. The applicants request is to divide the lot which will make each lot exceed the minimum of 10,000 sq. ft. There is a home on one side of this parcel. The split will give way to another lot for a home to be built. It is an amendment to a recorded plat and requires a public hearing. Notices have been sent out to the adjacent neighbors. Staff has not received any comments.

Jay Sandberg City Engineer said the new amended plat will need to show that it has to be elevated out of the flood plain.

Larry Lands said he lives across the street and he is opposed to this request. He feels the size of the lots are not comparable to what size is currently out there.

Sam Haslam said they have redone the interior of the existing home and they will do the outside as well. It is their intention to sell the existing home and also the new home.




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MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request to amend the final plat for Bloomington Ranches No. 7, to divide Lot #9 into two lots located at Sugar Leo Drive and Latonia Circle, Mr. Jim Raines, representative, with staffs comments as well as elevating the pad to mitigate the flood plain issue. Commissioner Burks seconded the motion. All voted aye.


PUBLIC HEARING - ZONE CHANGE

Consider a zone change request from R-1-10 (Single Family Residential) to PD-AP (Planned Development - Administrative and Professional Office) on 3.62 acres located at 1400 West and Snow Canyon Parkway. Mr. Rick Rosenberg, representative. Case No. 2006-ZC-011

Bob Nicholson said this is located on the southwest corner of Snow Canyon Parkway and 1400 West. When this came before the Planning Commission before the use was for a fast-food and retail. This is a different application. The uses will be business and professional offices. On the Citys Master Plan they do try to designate as a neighborhood convenience plan. Bob pointed out the roof peaks which will be 35 ft. The building will have to be build to what has been submitted. The site plan allows for a right-in only with a decel lane to turn onto 1400 West. The main entrance will be on 1400 West. Across the street the Royal Oaks Park will be expanding the park to the Snow Canyon Parkway.

Bob Nicholson said staff comments are;
1. The primary access would be from 1400 West Street. According to the traffic study and the design of Snow Canyon Parkway a right-in only would be allowed off Snow Canyon Parkway. In addition, the right-in only would be required to be located close the 1400 West and Snow Canyon Parkway intersection based on the deceleration lane requirements. A right-out is not allowed onto Snow Canyon Parkway based on multiple lanes and the lane type function.
2. The request is consistent with the General Plan Land Use Map.
3. Staff supports the proposed request subject to the access requirements for Snow Canyon Parkway.

Greg Griffin from Snow Canyon Holdings said he has a different rendering than what staff has shown. They clustered the buildings together so they could be a little bit further away from the residents. They promise a first class project.


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Rick Rosenberg with Rosenberg and Associates said they did a photometric plan and the lighting will be shielded down. Rick said it is easier to achieve the low light. They will be sensitive to the residents. There will be a continuing block wall around the residential area.

Chairman Almquist asked about the covered parking. Rick said the covered parking will be steel type structure. They will try to keep it as low as they can. Rick said the covered parking is on the west side. There will be landscaping behind the parking.

Tom Lukow a resident of Paradise Canyon feels this is a wrong place for this type of use. The residents do not want to have this turned into commercial property of any type.

Glen Penrose a resident of Paradise Canyon feels traffic is the biggest concern. He said it is difficult to turn left on 1400 West to Snow Canyon Parkway. He asked about traffic signals.

Jay Sandberg City Engineer said the City is looking at the entire corridor and a corridor study is underway. The staff is looking for designated areas for signals. There is a good possibility there will be a traffic light at 1400 West.

Ed Faust lives in the area and said they are not ready for commercial property. He states that 1400 West is a speedway. He against the commercial use.

Bob Nicholson said this has been designated as a neighborhood commercial corner on the General Plan. The last application the use was not appropriate due to the odor from the fast-food and retail uses. This is fairly low impact because it is all offices.

Jeremy Call said this would be a nice area for people who live in the area and worked in the area - they could walk to work and cut down on the traffic.

Rick Rosenberg said it is professional office, it is not commercial offices. A professional office has less traffic than that of a commercial use. The uses such as doctors office, dental office can allow for residents to walk to their appointments instead of driving clear across town.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a zone change request from R-1-10 (Single Family Residential) to PD-AP (Planned Development - Administrative and Professional Office) on 3.62 acres located at 1400 West and Snow Canyon Parkway, Mr. Rick Rosenberg, representative, subject to staffs comments. Commissioner Campbell seconded the motion. All voted aye.



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CONDITIONAL USE PERMIT

A. Consider a request for a conditional use permit to establish a substance abuse treatment and education facility located within the Ventana Professional Park at 280 North and 1680 East Street. Ms. Carolyn McCullough, applicant. Case No. 2006-CUP-016

Planner Ray Snyder said this is a request to establish a substance abuse treatment and education facility called Empowered. Ray said the business has been in operation for the past 7 years under the Utah State Life Skills program at the adult probation and parole office at 150 North, 200 East in a conference room. The applicant wishes to relocate her business as Empowered into the old Health Services facility. This is a court sponsored program with referrals for drug and DUI classes, treatment, etc. according to Ms. McCullough.

Ms. Carolyn McCullough the applicant said there is a need for this type of facility. She said the clients are mostly court referred. She said there are people who are trying to improve their situations, some are on parole, and some are private clients.

Council Member Bunker asked if this was a 24-hour facility. Ms. McCullough said no this a group that meets for approximately one-hour for maybe two nights a week. During the rest of the week they are seen individually.

Helen Shumway an employee of Empowered said the majority of the population will be serviced after business hours due to their work schedule.

Chairman Almquist asked about the individuals that go outside to smoke. Under Utah Law they need to be 25 ft. away from all commercial buildings. Ms. McCullough replied they keep the area very clean.

Richard Hutchins said he works in this building and this is the first he has heard of this request. This is a very quiet office park and is very low key. These buildings are meant for 2-3 employees and 2-3 clients at one time. His concern mainly is the smoking and parking.

Scott Christensen said he only found out about this request yesterday. He works at this location for an architectural firm. He is worried about security. How many people will be there late at night.

Helen replied they estimate 10-12 people that would come for night sessions. They are willing to accommodate and comply with any State Laws. Part of the treatment is to be accountable. She said her night hours of operation will be from 5:30 pm to 8:00 pm. Helen said there is three large offices, a conference room and a restroom. Not everyone will be court ordered.
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Council Member Bunker asked what days of the week would they have the night groups? Helen said probably on Tuesday, Thursday and Friday. Council Member Bunker said she is concern about the nearby church activities that go on during the work week.

Chairman Almquist asked what the average ages of people they deal with. Helen said about 20 to 35 years of age. Helen said they will not treat sex offenders. You need to be specifically licensed to treat a sex offender.

Helen said they informed six businesses around them plus some across the street. Everyone they met with were very supportive.

Chairman Almquist said what if there is a problem with not having enough parking, or have a problem with one of their clients.

Deputy City Attorney Paula Houston said unless it becomes a nuisance it can not be dealt with in the future. The Conditional Use Permit needs to be addressed now - the Planning Commission cant come back and make new recommendations later. She said the City does not control what is happening on the street when it comes to smoking. Parking can be addressed. You may want to know what their lease provides for in parking. They could do some type of use agreement for extra parking but that is something they could address through the lease.

MOTION: Commissioner Burks made a motion to recommend to City Council denial for a request for a conditional use permit to establish a substance abuse treatment and education facility located within the Ventana Professional Park at 280 North and 1680 East Street. Ms. Carolyn McCullough, applicant. Commissioner Campbell seconded the motion.

Bob Nicholson said there needs to be some findings to why they denied this request.

Commissioner Burks said there is no cross access for parking and they may not have enough parking spaces. This may be enough of a reason to deny this request. If the applicants want to come back and show the board that there is adequate parking then that would shed a different light.

Commissioner Burks said he is willing to make a motion to delay this and have them come back to address the parking issues such as a written agreement to the parking through their lease. Commissioner Campbell said he would agree with that.

Commissioner Nobis said they could cut down on the amount of applicants based on their parking.
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MOTION: (continued): Commissioner Burks withdrew his previous motion and recommend to delay this until a future meeting. Commissioner Campbell accepted that. All voted aye.


PRELIMINARY PLAT

D. Consider a preliminary plat request for Hidden Valley Residential Phase 1 with 7 twinhomes (14 units), 125 townhomes, and 99 single-family lots for a total of 238 dwelling units located at Hidden Valley Drive and Price Hills Drive. Ivory Homes, applicant. Case No. 2006-PP-030

Jay Sandberg City Engineer said this is the first phase of a very large subdivision. Jay presented a table for a breakdown of the number of units to what is being proposed for this project. The number of units have decreased somewhat. The original PD layout text showed patio homes and a few tri-plexes. The look and feel of those are single-family units. The original PD approval shows an area as higher-density. There are some traffic issues. The traffic study recommends that there be right turn pockets and plans are being modified to represent that. In the multi-family area there is a median planned along Hidden Valley Drive and that will be a right-in and right-out access. The development agreement is being worked out right now. There are two signals on Brigham Road. There also will be a cost of 35% of completing Brigham Road and details are being worked out. There are some cross sections. The development is subject to the standards as far as walls, landscaping, and street trees. Hidden Valley Drive is an 80 ft. residential three way collective road. Staff has tried to promote some type of trail. They are proposing to put in a wider sidewalk. As Hidden Valley Drive extends wider to the west they have indicated they will try to match the sidewalk with the trails. The sewer is coming up from Bloomington and under construction right now.

Staff comments are;
1. Resolve the use for Area 1.7. SITLA has contracted with Ivory Homes to develop the remaining portion of the residential area of Hidden Valley. Staff supports the four lots fronting the Desert Hills Subdivision and the twinhome concept. Staff does not support the triplexes based on the whole concept of patio homes. The applicants make a valid point that the PD text does not state detached. However, the PD text makdes reference to 4500 sq. ft. and the applicants recognize that patio homes in St. George are interpreted as detached.





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2, Traffic related conditions of approval are:
Require right turn lanes and left turn pockets at the intersection of Hidden Valley Drive and roads labeled Neighborhood Entrance Road. Right-in and right-out only at entrance to Casitas Phase 1/Hidden Valley Drive (no break in median) as shown.
Developer has agreed in principle enter into a development agreement to pay for traffic impacts - specifically Brigham Road widening, and signals on Brigham road. This agreement needs to be finalized.
The 50' local street and 58' Neighborhood collector needs to meet the Citys approved standard/alternate cross-sections. Specially City does not allow modified curb with sidewalk against curb. And the minimum asphalt width is greater than that shown.
3. Subject to PD standards (i.e., building setbacks, separations, parking spaces, etc.). Planning staff will review with construction drawings. Setbacks should be determined for the single family lots.
4. Walls, street trees, etc, shall be complied with.
5. Elevations of the proposed building types are going to be provided to staff.

Chairman Almquist asked if they have interior trails? Jay said they have some.

Colin Wright with Ivory Homes said the trail system is a 40 ft. wide trail and serves as part of their drainage. They also have a 10 ft. trail that runs pararell to that. Colin said the villas will be their higher seller. Colin spoke on the park and stated that they want to have the park build in the first year. They did do an extensive traffic study. They know there are improvements that need to be made. The detached homes will fit into the R-1-6 zone. They also applied for additional signage. They would like to put a 10 x 20 sign that will list Ivory Homes web site. They would like to have this sign for the life of the project.

Council Member Bunker asked about the access to the townhomes with the parking to the rear. Colin said there is an alley way to those garages. They have three parking spaces per unit.

Commissioner Burks asked if he had any problems with the conditions staff has requested. Colin said the only one would be for the park to be finished within the first year. They will certainly try.

Brad Young City Sign Ordinance said they get one sign that does not go over 12 feet in height. Temporary signs have to be removed after all original lots have been sold. The Planning Commission can approve an overall sign plan due to the fact that their subdivision is over 200 dwelling units. Brad presented slides of the proposed and existing signs which are 10' x 12' sign, and an 8' x 8' sign and a 4' x 4' sign. So what they want is a second sign of 10' x 12' at location #2 and also a 10' x 16' sign facing the freeway at location #3. But this request is up to the Planning Commission.


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Bob Nicholson said that two signs will be acceptable but the sign facing the freeway they need to talk to the State before that one is approved.

Colin said this makes sense. The only thing he wants to point out they are approved for over 1,000 units - this first phase is for only over 200 units.

Council Member Bunker said the City has been trying to be a more creative with subdivisions. Has there been any thought of clustering on your subdivision. Colin said the next phase there will be some clustering. When you look at the whole subdivision you will see a great blend of neighborhoods. Colin discussed the pricing of the homes.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a preliminary plat subject to conditions that staff has recommended Commissioner Bracken seconded the motion. Commissioner Burks amended his motion to accept items 2 through 5 of staff comments. Commissioner Bracken asked if they need to make a recommendation on signs.

Brad Young said it is up to the Planning Commission which signs would be acceptable. Chairman Almquist said the size would be acceptable and Brad Young can work out the location of the signs.

Commissioner Burks said added to his motion that Brad Young will work out the location of the signs. Commissioner Burks also finds that staff comments in number 1 is not a significant change. Commissioner Bracken seconded the motion. All voted aye.


CONDITIONAL USE PERMIT

B. Consider a request for a conditional use permit to establish and operate a pre-school within a residence located at 49 South and 2790 East Circle. Ms. Melinda Young, applicant. Case No. 2006-CUP-016

Planner Ray Snyder stated this request is to establish and operate a Pre-School. The applicant proposes to operate a pre-school in the family room with a separate entrance from the home. The applicant is proposing to have a maximum of 12 children. The applicant proposes to utilize a portion of the basement that has a separate entrance for the pre-school. The hours of operation would be: Session 1 from 9:00 a.m. until 11:00 a.m. and Session 2 from 1:00 p.m. to 3:00 p.m. The days would be Tuesday, Wednesday, and Thursday. The applicant shall work with the neighborhood to mitigate any drop off and pick up issues.
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MOTION: Commissioner Nobis made a motion to recommend to City Council to approval of a request for a conditional use permit to establish and operate a pre-school within a residence located at 49 South and 2790 East Circle. Ms. Melinda Young, applicant. Commissioner Burks seconded the motion. All voted aye.


C. Consider a request for a conditional use permit to construct a professional three-story office building which would exceed the maximum allowable height of thirty-five feet (35') up to a proposed height of fifty-eight feet-nine inches (58'-9") located at 500 South and Bluff Street. Mr. Chad Chiniquy, applicant. Case No. 2006-CUP-018

Planner Ray Snyder said this request is to construct an office building that exceeds the allowable maximum height. The proposed height would be fifty-eight feet nine inches (58'-9") and will be three-story. There is a cross-section that has been added. The office building would operate approximately 5 to 6 days a week. General business hours are anticipated to be 8:00 a.m. to 6:00 p.m. The applicant is proposing 181 parking spaces. There access is on 500 South. Ray read a letter from Kent Griffin.

Commissioner Burks asked if the access to this property is that big enough? Ray said he has met with City Traffic Engineer and they said it is big enough. They were opposed to Bluff Street access and so was UDOT.

Ray said if the Planning Commission recommends approval the following conditions are suggested:

1. The building is approved with a maximum peak height of fifty-eight feet nine inches. Note: The average roof maximum height is forty three feet high.
2. Parking shall be demonstrated to meet the zoning ordinance requirements during the site plan review process. Parking spaces shall be 9' x 18' in size with 25' wide drive aisles minimum.
3. A Site Plan Review application along with 4 sets of plans shall be submitted to the Engineering Dept. For standard plan check review.
4. Submit an Optional Merger application to Community Development to merge the two lots together.
Traffic Conditions
1. No driveway shall be permitted on Bluff Street.
2. Driveway access on 500 South shall meet the requirements of the City Traffic Engineer.
3. All signing and striping shall conform to the City of St. George and MUTCD standards.

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Chairman Almquist said what if the Mexican restaurant does not sell to them then where would their access be. Ray said the Mexican restaurant parcel has been sold to them so this will not be an issue.

Ray mentioned that he did receive some input from the nearby residents.

Jeanette Stratton lives on 500 South her main concern is the excessive traffic on 500 South. She does not think it would be wise to grant this Conditional Use Permit. She would suggest they approve a 2-story building which would require less parking spaces.

Howard Staheli is concerned about the speed of traffic and the access point. To add one more story would add more traffic. This parcel has taken some of the overflow water. When a building is on this lot where will the water go.

Louise Bundy said she is concerned about the privacy in her yard. This building will be on her level and she feels people in the building will be looking down on her property therefore she would not have any privacy.

Fred Walton said he owns a home that would be facing this building. This building will be compared to the Ence Building on Bluff. He is concerned about the size and height of the building. He feels there is very little landscaping.

Garth Bundy said he has a real concern with the water drainage on this parcel. He said this needs to be addressed. He feels two-stories is enough if this approved here tonight.

Commissioner Campbell said the drainage would be controlled by the City. There will be a privacy fence. The height of the building is based on quite a few different views.

Terrace White a representative for the applicant said they have agreed with the traffic engineers to widen the entrance on 500 South. The client would not have a problem with the height, parking or planning. His client is working on merging the lots.

Chairman Almquist spoke on having a decel lane to get off Bluff Street to turn onto 500 South. Terrrace said that is something they would be willing to look at. Landscaping was discussed.

Council Member Bunker said is there a way that they could move their building closer to Bluff. Terrace said there may be a way to buffer that area in the front of Bluff better.




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Commissioner Bracken called the question.

MOTION: Commissioner Bracken made a motion to table this item until the height of the building can be reviewed. Commissioner Burks seconded the motion. Tabled until the applicant is ready. All voted aye.


SITE PLAN & BUILDING ELEVATION

Consider a request for a site plan and building elevation approval for a proposed commercial building on Lot 1 of the 3D Commercial Center located at 60 East and 2580 South. Mr. Rob Reid, representative. Case No. 2006-SPBE-007

Ray said this is in the 3D subdivision. Ray presented a rendering of the buildinge. There is a 66 ft. right-of-way. The main reason this is before the Planning Commission tonight is because it is facing I-15. There will be street trees along the freeway as part of the requirement. The proposed use for this lot is for a John Deere Dealership.

Ray said staff recommends the following conditions;
1. The building shall be single story and the height shall not exceed twenty-six feet four inches (26'-4").
2. The building colors and materials shall be per submittal to Planning Commission meeting of June 13, 2006.
3. Lighting at property line shall not exceed approximately 1.0 FC (foot candle). Maximum level on site is not expected to exceed 15 FC.
4. A site plan review (SPR) application shall be processed through the Development Services Department.
5. Signage shall be under separate permit.
Traffic Engineering Conditions:
1. A sixty foot (60') right-of-way easement for future master plan road extension shall be provided.
2. The applicant shall comply with driveway and circulation issues to the satisfaction of the City Traffic Engineer.
3. All two way drive aisles are to be 25 ft. minimum.
4. Show sight distance triangles at corner and at accesses. No walls in sight distance triangle area.



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Rob Reid with Rosenberg & Associates said they would like to go by the landscaping plan which they presented here tonight. He stated the color of the building will be geneva brown.

Rob said they will reserve the 66 ft. easement. Rob said they will not encroach on any easement and will try to keep the trees out of easement..

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a site plan and building elevation approval for a proposed commercial building on Lot 1 of the 3D Commercial Center located at 60 East and 2580 South, Mr. Rob Reid, representative, subject to staff comments. Commissioner Burks seconded the motion. All voted aye.

Chairman Almquist had a question on their motion. It states in staffs report that street trees by freeway and along street will have to match ordinance he feels it needs to say that it will match their drawing.

Commissioner Campbell said he will amend his motion to include the landscaping scheme that has been presented will be adhered to as far as clustering of trees and they need to meet the quantity required to meet the ordinance. Allow them to work with staff on making sure their percentages on landscaping is met. Commissioner Burks seconded that. All voted aye.


DISCUSSION ITEMS

A. Discussion on a proposed amendment to the City of St. George Code, Title 10 Zoning Regulations, Section 10-2-1: Definitions, to limit the number of unrelated persons to 3 rather than 4 persons to constitute a family under paragraph B of the Family definition. Ms. Gloria Shakespeare, et al, applicants. Case No. 2006-DI-003

Bob Nicholson said this request is to amend the zoning code. Tonight staff wants this as a discussion item. It will be heard again in two weeks at the next Planning Commission meeting as a public hearing. Under State Law any change to the zoning ordinance has to be held as a public hearing.

Bob said when this was looked at a year ago staff reviewed other cities regulations. Their family definition was similar to ours 4 persons and some had it at 3.


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Gloria Shakespeare said parking is still an issue. Another situation the City needs to look at is people parking in the fire lanes. There is no parking available so people park anywhere. This is why this request is to reduce the number of persons down from 4 to 3.

Commissioner Burks said you would have the same problem if this was a family of 4. Gloria said that is not were this problem is coming from. It is coming from rentals.

Gloria gave examples of excessive parking in her neighborhood stating this is becoming an issue.

Jim McArthur said when home is a rental and they enclose the garage for other use then parking becomes a major problem. Now there is no room for any additional parking for friends coming to visit. This has become a major problem in the older part of the downtown area

Commissioner Burks asked how does it get governed if this request is changed to 3 and you have people out there renting to 4 - what happens? Deputy City Attorney Paula Houston said if it is changed or lower then they would have a non-conforming use for that rental. Which means it is grandfathered in.

Brad Young Code Enforcement said when there is a violation on the outside of property that is easy to deal with but when the problem is inside the residence that does create a problem. The way he finds out that there are too many residents in one dwelling is through word of mouth.

Bob said this item will be heard at the next Planning Commission meeting as a public hearing.

B. Discussion on a proposed amendment to the City of St. George Code, Title 10 Zoning Regulations, Section 10-14-9: Yard Unobstructed; Exceptions or 10-14-10(A): Permitted Patio Covers, to allow a non-combustible awning within the side yard setback area. Mr. Richard Hutchins, applicant. Case No. 2006-DI-004

Brad said this discussion is on the property located in the Red Cliffs area. There is an awning that was build out to the side property line. The City is trying to resolve these encroachments. The ordinance states you need to have the setbacks remain open to the sky.

Richard Hutchins said there are numerous awnings in setback areas. He asked if the ordinance could be changed to allow the awnings in the side setback area. There was discussion on why this ordinance cannot be changed due to fire and other safety issues.


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Richard Hutchins said he could move the five columns of his awning so that he would have a side setback of 8 ft. from the property line which is required by ordinance.

Commissioner Campbell said there is numerous reasons why they have this ordinance.

MINUTES

Consider approval of the Planning Commission minutes of the meeting of May 9 and 23, 2006.


MOTION: Commissioner Bracken made a motion to approve May 9, 2006 minutes with minor corrections. Commissioner Nobis seconded the motion. All voted aye.

MOTION: Commissioner Burks made a motion to approve May 23, 2006 minutes with minor corrections. Commissioner Bracken seconded the motion. All voted aye.


Meeting adjourned at 10:10 p.m.