Planning Commission Minutes

Tuesday, December 12,2006



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
December 12, 2006 - 4:00 p.m.

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

EXCUSED: Commissioner Mike Nobis

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Director Bob Nicholson
Planner Ray Snyder
Planner John Willis
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.

CONSENT ITEMS - FINAL PLATS

A. Consider approval of a final plat for Bella Tuscana @ Mesa Plans with 55 single-family lots located on the corner of Dixie Drive and Mesa Palms Drive. Barry Thompson, representative. Case No. 2006-FP-099

B. Consider approval of an amended final plat for Stonebrook Phase 2 with 14 single-family lots located at 90 South and Dixie Drive. The purpose of this amendment is to adjust lots 19 through 23 to match lot corners as staked. Brandon Anderson, representative. Case No. 2006-FPA-088

C. Consider approval of a final plat for Mulberry Point Townhomes with 14 units located at approximately 1050 East and 500 South. Reid Pope, representative. Case No. 2006-FP-113

D. Consider approval of a final plat for Joshuas @ Southgate Phase 3 with 53 single-family lots located approximately 2070 South and Tonaquint Drive. Brandon Anderson, representative. Case No. 2006-FP-111

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E. Consider approval of an amended final plat for Creekside Homes 2nd Amendment located at 351 So. Valley View Drive. City of St. George, initiated. Case No. 2006-FPA-114

F. Consider approval of a final plat for Mission Place Commercial Center with 4 commercial lots located at Riverside Drive and 400 East. Reid Pope, representative. Case No. 2006-FP-112

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of the final plats A through F read into record and authorize Chairman to sign. Commissioner Burks seconded the motion. All voted aye.


PRELIMINARY PLATS

A. Consider a preliminary plat request for Legacy Phase 13 with 21 single-family residential lots located in the easterly portion of the Legacy Townhome Subdivision adjacent to Legacy Phase 7 and the Southgate Golf Course. Matt Smith, representative. Case No. 2006-PP-051

Planner John Willis presented the item. The request is to create a subdivision of 21 single-family lots. This is the next phase of the Legacy Planned Development. The subdivision includes a cul-de-sac that extends approximately 730 ft. City standard for public roads is 600 ft. It would be difficult to meet the 600 ft. standard because of the golf course. There are no significant walls or fills planned for the subdivision. Staff recommends approval.

Commissioner Burks has concerns about the traffic with the incoming subdivisions. He feels that they cant keep approving these projects. He doesnt know the answer to the problem.

City Traffic Engineer Rick Snyder said there will be two traffic lights in the near future. One will be located between Indian Hills and Dixie Drive and the second one between Valley View and Dixie Drive.

MOTION: Commissioner Burks made a motion to recommend to City Council approval for a preliminary plat request for Legacy Phase 13 with 21 single-family residential lots located in the easterly portion of the Legacy Townhome Subdivision adjacent to Legacy Phase 7 and the Southgate Golf Course. Matt Smith, representative. Commissioner Hullinger seconded the motion. All voted aye.


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B. Consider a preliminary plat request for Raybold Subdivision with a 2 lot duplex subdivision located on 2650 East at approximately 340 North. Clay Tolbert, representative. Case No. 2006-PP-052

Planner John Willis presented the site plan for a two lot duplex subdivision located on 2650 East at approximately 340 North and located west of River Bend Estates. The duplex units are built, and are proposed to be platted. The duplex units were built approximately one year ago. The owner has decided to plat the units. Property line easements and common maintenance agreements for drainage will be part of the final plat. Staff recommends approval.

Commissioner Campbell asked why the request to have this platted? City Engineer Cathy Hasfurther said the request is so the units can be owned individually.

Clay Tolbert said there is a HOA in place now in order to do the maintenance and the shared parking. The units were designed with fire walls in order for this request to be done in the future.

Council Member Bunker asked about the parking arrangements. Clay said each unit has a garage.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a preliminary plat request for Raybold Subdivision with a 2 lot duplex subdivision located on 2650 East at approximately 340 North. Clay Tolbert, representative. Commissioner Campbell seconded the motion. All voted aye.


CONDITIONAL USE PERMIT

Consider a request for a conditional use permit to construct a 16,531 sq. ft. LDS church ward building. The subject property is on 3.12 acres and is located at approximately 3000 East and Sandia Road. The zoning is A-20 (Agricultural 20 acres minimum parcel size). The applicant is The Corporation of the Presiding Bishopric of the Church of Jesus Christ of Latter Day Saints, Mr. Dennis Patten, architect/representative. Case No. 2006-CUP-034

Planner Ray Snyder presented this item. The applicant proposes to construct a church building. The site thus requires a minimum of 144 parking spaces and 221 are proposed. The site is providing 77 more spaces than required. Total landscaping proposed is 23.5% of the site. The


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building ridge height is twenty-seven feet five inches high and does not exceed the maximum allowable height. The steeple is thirty-eight feet eleven inches high. Ray said staff recommends approval with standard construction conditions of approval based on;

1) Submit a SPR (Site Plan Review) application. 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) Comply with Concurrence Policy as required for offsite roadway improvements.

Dennis Patten the architect on the project pointed out the hammer head on the site. He said that in the future the hammer head will give access not only to the church but also the development. Also, the City wants a trail on the northern edge. The site will move down approximately 15 feet so that a trail can be there.

April Barden a resident by the church property asked about the wall that will put up around the church.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request for a conditional use permit to construct a 16,531 sq. ft. LDS church ward building. The subject property is on 3.12 acres and is located at approximately 3000 East and Sandia Road. The zoning is A-20 (Agricultural 20 acres minimum parcel size), including staff comments, and the 15 ft. of property given to the City on northern side for a trail easement. The applicant is The Corporation of the Presiding Bishopric of the Church of Jesus Christ of Latter Day Saints, Mr. Dennis Patten, architect/representative. Commissioner Bracken seconded the motion. All voted aye.

LOT SPLITS

A. Consider a lot split request to divide one parcel into two parcels for property located at 386 North Bluff Street. The proposed split would result in a North Parcel with a 4,800 sq. ft. building on it (existing convenience market and adjacent restaurant) and a South Parcel with a 19,479 sq. ft. building on it (former Golds Gym which utilized 16,000 sq. ft.). The property is zoned C-3 (General Commercial). Mr. Russell Mitchell, agent, Mr. Brandon Anderson, representative. Case No. 2006-LS-005
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Planner Ray Snyder presented a power point presentation. The applicant would like to split the property which would make a South Parcel and a North Parcel. The total square footage for the North building is 4,800 sq. ft. and on the South building the square footage will be 19,479 sq. ft. Ray said if the lot split is approved the applicant shall sign the documents for the granting of easements. Prepare deeds for the two parcels and submit them to the City Planner to be stamped and signed as being approved. Upon the applicants signature on the documents for the granting of easements, and City Planners stamp and signature on the deeds, the deeds may be recorded in the County Recorders office.

Ray stated that staff recommends the following standard conditions to be applied;
1. Provide separate deeds for each created parcel.
2. In addition to the legal descriptions that appear on the Record of Survey they need to provide the City a separate legal description for each parcel.
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;
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.

Bob Nicholson said when this project was built there were quite a few complaints about headlights shining in the nearby residents homes. He feels that there should be a solid 4 ft. block wall put in to prevent those headlights from shining in on the local residents.

Russell Mitchell the attorney for the applicant said there is sufficient parking for the restaurant right now. There has not been a problem with the parking to date. The number of spaces that are there has been enough for that restaurant.

Planner Ray Snyder said the existing parking spaces at the North Parcel (with 4,800 sq. ft. building) are 23 (13 in front of building, 5 by Bluff and 5 on the side). Ray pointed out that restaurants are 1:100 SF and gas stations are not listed in our City standards. The existing parking spaces at the South Parcel (with 19,479 sq. ft. building) is 75 parking spaces (40 in front, 3 on curve, 28 in rear, and 4 on the side).

Russell Mitchell said there will be some retail on the main floor and offices above in what at one time was Golds Gym. He believes with the remodeling of the space there would be hallways PLANNING COMMISSION
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added and this would take away some of the square footage for the required parking for this building.

Ray said staff feels that there is shared parking for the sites and staff would feel there is enough parking.

Commissioner Taylor wanted clarification on the required parking for the South Parcel. Ray indicated that they need to have the shared parking because they will be short about 3 spaces.

Council Member Bunker asked what the parking requirements would be for a convenience store. Staff said it is 1 to 250 sq. ft. of gross floor area.

Russell Mitchell said the building and the parking have been approved - they are not reconfiguring anything. It met all the requirements then and all they are asking for is to have different ownerships for the two parcels.

Bob Nicholson said when the building was built there was not a restaurant on the end of the gas station building. The restaurant came after the fact.

Joe Schumacher is the owner for the building he stated that section of the building was planned for a Quiznos at one time.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a lot split request to divide one parcel into two parcels for property located at 386 North Bluff Street. The proposed split would result in a North Parcel with a 4,800 sq. ft. building on it (existing convenience market and adjacent restaurant) and a South Parcel with a 19,479 sq. ft. building on it (former Golds Gym which utilized 16,000 sq. ft.). The property is zoned C-3 (General Commercial), based on the information that the parking has been approved in the past and the lot split along with the required parking and access agreements do not change the number parking spaces. The use of the large building in all likely hood will reduce the amount of parking that will be required. The property be brought up to street tree code as part of the lot split. Mr. Russell Mitchell, agent, Mr. Brandon Anderson, representative.

DISCUSSION ON THE MOTION
Commissioner Bracken said would you consider adding to your motion any remodeling that takes place the parking needs to be brought up-to-date with the Planning Department. He feels that will eventually be a problem when the uses of the building changes.


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Commissioner Taylor said his personal impression would be to say that the buildings as they have been used in the past under parking which was approved in the past that the change in use of the building would not intensify the parking. He said he would be inclined to support that the parking remain as is with cross access agreement in place.

Ray Snyder said if an applicant comes in for something and as long as they are not expanding the building, whether it is office or retail it is 1:250 sq. ft. They are short on parking spaces but if you accept it as is and state that it is adequate. Ray stated that the North Parcel is short 4 spaces, if calculated solely as 1:250 sq. ft.; but if calculated portion as gas station it is acceptable.

Commissioner Taylor said if they change the use of the building in such the way that it would change the parking requirements then they would have to comply. Ray said then that would be a restaurant and they dont have the parking to support that use.

Commissioner Burks seconded the motion.

DISCUSSION THE MOTION
Commissioner Hullinger asked if they wanted to add to the motion anything about fencing in the back of the lot. Commissioner Taylor said his concern with that is the neighbor problem. He is concerned that if a large block wall went up and made that neighboring fence 10 or 12 ft. high, he would feel that it would make it less desirable to the neighbors that to maybe do some kind of shrub treatment or something like that to reduce lights.

Ray said they may want to ask the applicant if he has a solution.

Joe Schumacher said they can weave something in the back through what fencing is currently there. He said they have put baffles on the security lights out the back. So it doesnt shine directly into the homes.

Bob Nicholson said they need to maintain some dense fabric and the other option is to put in thin vinyl fence to block the headlights. There should be some fencing along this lot. Bob stated that it is part of the City code, the code says you separate commercial and residential, there should be a privacy wall.

Commissioner Taylor said he would like to add to the motion the condition that there be a study and support of staff study in terms of ways to block the light from the neighbors. Commissioner Burks seconded that addition to the motion.

All voted aye except Commissioner Bracken. Motion passes with a 4 to 1 vote.


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B. Consider a lot split request to divide one parcel into two lots for property located at 265 East and 300 South. The property is zoned RCC (Residential Central City). Seven apartments were removed from the property, and a new home is presently under construction. The applicants wish to develop a duplex on one lot and a single family home on the other. Hoopes Construction, Inc., is the applicant and Ken Hamblin is the engineer. Case No. 2006-LS-006

Planner Ray Snyder went over what was originally presented to staff. The applicants requested 61 ft. and 71 ft. Staff met with them and they have since revised it and they now have put the minimum for the RCC zone, which is 65 ft. if they dont do all the architectural design changes which they prefer not to do. They are in the process of having a home built on Parcel 2. They would like to be able to do a duplex on Parcel 1. Because they removed the seven run down apartments from the lot they are allowed to have the three units that they are requesting.

Ray said 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 Record of Survey they provide the City a separate legal description for each parcel.
3. A utilities and drainage easement shall be completed, notarized, and recorded.
4. The applicant shall submit for review all legal documents to the City Attorneys Office.
5. A Site Plan Review application (civil plans) shall be submitted to the Development Services Department when the proposed duplex is submitted.

Traffic Engineering Conditions;
1. All access issues shall be resolved with the City Traffic Engineer.

Staff recommends approval.

LeAnn Hoopes representative for the applicant asked if the 2 parcels would remain in the RCC zone. The applicant did not want to do the Architectural Standards that are required in the RCC ordinance.

Bob Nicholson said in the RCC zone single units are permitted and multi-family is conditional. But it does state also that legally established units could be replace. They legally had 7 units on the property. They tore those down and they will legally replace those units with a duplex.





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Council Member Bunker asked will the duplexes be of similar design as the new home that is currently being built. LeAnn said she does not know yet. Dan Hoopes said the units will be around 1,200 sq. ft. and whatever the design will be of the new units it will be done beautifully.

Commissioner Bracken asked if they would like to make an adjustment to Parcel 2 of 5 ft. to make each lot to have 65 ft. frontage. Dan Hoopes said they would want to do that. Commissioner Bracken said they can make the adjustment to their plans before they meet with City Council.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a lot split request to divide one parcel into two lots for property located at 265 East and 300 South. The property is zoned RCC (Residential Central City). Seven apartments were removed from the property, and a new home is presently under construction. The applicants wish to develop a duplex on one lot and a single family home on the other, subject to staff and traffic engineers recommendations. Hoopes Construction, Inc., is the applicant and Ken Hamblin is the engineer. Commissioner Hullinger seconded motion. All voted aye.

DISCUSSION ON MOTION
Commissioner Bracken asked if they want to add to the motion to give them the opportunity to adjust past the 25 ft. setback to add the 500 ft into Parcel 1. They are to make that adjustment to show to City Council.

Commissioner Burks accepted that into the motion. Commissioner Hullinger seconded the request. All voted aye.


ZONE CHANGE - PUBLIC HEARING (5:00 P.M.)

Consider a zone change request from R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size) to PD-Com (Planned Development Commercial) on 3.34 acres, located on the northwest corner of Dixie Drive and Indian Hills Drive adjacent to Heritage Village subdivision. Mr. Stephen Wade, applicant. Case No. 2006-ZC-022

Bob Nicholson presented the item. Bob stated that on the General Plan this parcel is marked as Commercial for the future. The applicant would like to develop the land for a car dealership. The developer wants to develop the land as a parking lot without any buildings for their overflow inventory of vehicles from their other dealerships. Having no building on the lot makes this unusual. The applicant Stephen Wade is to build a 6 ft. wall around the existing residential development. The applicant will not use a loud speaker for the sales persons but will use walk-talkies instead. There will be a landscape strip along the wall. The applicant agreed to PLANNING COMMISSION
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complete a flood study. They would have to have a drainage put in so the runoff can be routed into the Santa Clara River. The applicant agrees to building this site with no uses that would create unreasonable noise (such as no body shop). The building in the future would have to be 100 ft. away from the privacy wall. The lighting shall not illuminate from the lot. There will be no lights place near the neighbors. The directional lighting will be directed away from the neighbors. Staff has already asked for a lighting plan.

City Engineer Cathy Hasfurther said they have concerns about the wall. That area does have the potential of having a great deal of water running through it. They would like to see the analysis done on the lot before they build the wall.

Stephen Wade the applicant said with the growth they are struggling with parking of the new vehicles. He entered into the agreement to purchase this property so he could park new cars there for an overflow. He did have a meeting with the neighbors in order to try to make this a win-win situation. The neighbors from Heritage Village hired Russell Gallian as their attorney. He has since met with Mr. Gallian and he was told that the neighbors put together a written agreement. He was told that if he did what the neighbors wanted in the agreement that they would be in unanimous agreement. He looked at the agreement and was comfortable with it. Stephen said he has agreed to all the things which have been requested of him. He is concerned about the flooding issue. He is agreeable to do whatever is required of him.

Chairman Almquist said it would appear that any restriction of a shop 100 ft. from that wall under the current amount of property would put it clear out in the corner. In anticipation of you acquiring more property up to the roadway then it makes sense. Stephen said he was told that road is going to happen that is what caused him to buy this property because it will be on a corner with a light.

City Traffic Engineer Rick Snyder said the plan in the future is to have the traffic get on the freeway at the end of Dixie Drive. So Dixie Drive will continue going to the east and connect to the freeway. That will continue up with the new Convention Center Roads that are being built right now.

Commissioner Burks asked about the traffic light. Rick said that will be put on the existing road now and then moved in the future.

Commissioner Taylor asked where does the flood waters go? City Engineer Cathy Hasfurther pointed out the floodway paths. Commissioner Taylor asked how will Mr. Wade maintain that flood water. Cathy replied the City will need to see what type of volumes there will be.


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Ken Lawson a resident of Heritage Subdivision said he is opposed to this project. He spoke on the history of the subdivision. He spoke on the ponds around the subdivision. He is not happy about the lot being used for Stephen Wades vehicles being stored on this lot with 18 ft. poles of lights. Their property values will go down dramatically when this car lot goes in. The document from the neighbors was written under duress.

Chairman Almquist took a moment to recognize Troop 556.

Dr. Mary Oaks said she is concerned about the noise level. She quoted the Nuisance Ordinance. The residents are concerned about their health and peaceful environment. She spoke on the lighting.

Jonathan Wright came to the meeting on behalf of Russell Gallian whom was unable to attend. Mr. Wright said Mr. Wade was under the assumption he would allow these covenants to be placed on this property in the event that the neighbors would not oppose the zone change.

Rily Stottern a resident from Heritage Village said the residents were promised 3 years ago, when they gave up the road, that a garden office park would go in on this parcel.

Jerald Munk a resident from Heritage Village said he is not in favor of the use for this lot being proposed here today.

Kimberly Kuhn a resident from Heritage Village said she is opposed to this use. Her home is her only investment. If this project happens, she feels that her family will lose their investment.

Riley Stottern said the residents are saying that if this zone change is approved by Planning Commission and City Council then the residents would like to have the restricted covenants run with the property.

Mr. Wade said he is willing to agree to all the agreements.

Chairman Almquist remarked that Brown Consulting told Mr. Wade that a block wall and a 4 ft. landscaping buffer would be enough of a buffer to the residential subdivision. Chairman Almquist does not believe that would be enough.

Commissioner Taylor said he struggles with the idea of a car lot being that close to residents. He hopes the residents know that corner is going to be developed commercial.


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MOTION: Commissioner Taylor made a motion to deny this request. Commissioner Bracken seconded the motion. All voted aye except Commissioner Burks. The motion carries with a 4 to 1 vote.


Meeting was turned over to Commissioner Bracken due to the fact Chairman Almquist had to leave early. Commissioner Burks asked to be excused as well.

MINUTES

Consider approval of the Planning Commission minutes of November 14, 2006.

MOTION: Commissioner Hullinger made a motion to recommend approval of the minutes of November 14, 2006 with minor corrections. Commissioner Burks seconded the motion. All voted aye.


Meeting adjourned at 7:00 p.m.