Planning Commission Minutes

Tuesday, May 8,2007



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
May 8, 2007 - 4:00 p.m.

PRESENT: Chairman Gil Almquist
Commissioner Ross Taylor
Commissioner Kim Campbell
Commissioner Ron Bracken
Council Member Gail Bunker
Commissioner Chapin Burks
Commissioner Mike Nobis
Commissioner Julie Hullinger (arrived at 4:30 p.m.)

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

CALL TO ORDER

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

CONSENT ITEM - FINAL PLAT

Consider approval of a Road Dedication Plat for Price Hills Drive (between Hidden Valley Drive and Desert Hills Drive). Ivory Homes, applicant. Mr. Colin Wright, representative. Case No. 2006-FP-063

Commissioner Campbell did not vote on this item due to conflict of interest.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a Road Dedication Plat for Price Hills Drive (between Hidden Valley Drive and Desert Hills Drive) and authorize Chairman to sign. Ivory Homes, applicant. Mr. Colin Wright, representative. Commissioner Nobis seconded the motion. All voted aye.


CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit for permission to construct a single-story detached RV garage with an attached porch that would exceed the allowable height of fifteen feet. The proposed accessory structure would be approximately twenty-one feet (21')
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high to the roof peak. The property is located at 3996 Sugar Leo Road. The property is in the RE-37.5 zone. Case No. 2007-CUP-008

Planner Ray Snyder said this request is to construct a detached RV garage with an attached porch that would exceed the allowable height of fifteen feet. The proposed garage will be 1,196 sq. ft. and the attached patio cover is 336 sq. ft. Ray said staff recommends approval with conditions prohibiting the addition of fixtures constituting a second dwelling unit. The applicant has not indicated a second floor level or any fixtures, however staff request that it be clarified the applicant is not allowed to install either per code.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a conditional use permit for permission to construct a single-story detached RV garage with an attached porch that would exceed the allowable height of fifteen feet. The proposed accessory structure would be approximately twenty-one feet (21') high to the roof peak subject to staff comments. The property is located at 3996 Sugar Leo Road. The property is in the RE-37.5 zone. Commissioner Burks seconded the motion. All voted aye.


The applicant stated that the exterior tile roof and siding will match the house.

B. Consider a request for a conditional use permit for a recently designated historical landmark site (April 5, 2007). The home is located at 212 North and 100 West. It is the William H. Thompson Home (built in 1871). The request is to establish phased commercial uses. The owner is Interstate Rock Products. The representative is Mr. Michael Madsen. In Phase 1 the applicant proposes an extended stay inn and/or a vacation home with 4 suites. In Phase 2 the applicant proposes a building expansion with 6 suites, an office, and retail space. The property is in the RCC (Residential Central City) zone. Case No. 2007-CUP-009

Commissioner Campbell stepped down to due conflict of interest.

Planner Ray Snyder said single-family residences and historical landmark homes surround this property. The Brigham Young Home is across the street to the south and the Three Wifes Inn (bed and breakfast) is across the street to the west.

Ray said this site was approved as a landmark site at the April 5, 2007 City Council meeting. As reflected in the submitted site plan the applicant is proposing to construct a driveway on 200 North and create ten (10) parking spaces. There is no garage on the site. There is an existing driveway and carport accessible from 100 West Street. Ray said the applicants narrative states PLANNING COMMISSION
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that this landmark home will have four residential suites in phase 1. An additional six suites are proposed with phase 2. That calculates to one parking space per room. No spaces for management are proposed.

Ray said staff recommends approval of the extended stay inn and/or a vacation home. The Planning Commission will need to determine if an office or retail use is appropriate at this location. The following are recommended conditions;

1. The applicant shall provide a minimum of ten off street parking spaces.
2. The applicant shall maintain and enhance the level of landscaping existing at the time of this approval.
3. On site parking shall require the placement of either a concrete parking pad, an asphalt pad, or paver blocks.
4. The driveway for this historical home may be either concrete, asphalt, or paver blocks.
5. The applicant shall comply with the requirements of the City Traffic Engineer for access.

Council Member Bunker asked if there is enough parking for receptions and/or banquets. Michael & Jeff Madsen the applicants replied that the purpose for stating the banquets and office, those where mentioned incase the lodging does not work out. They plan on 8-10 units that will have individual kitchettes. They will only have visitors a week at a time. As far as parking they would like to structure the line of traffic go in a flow. There are 8 parking spots. They are counting the driveway for parking requirements.

They plan on full capacity on some weekends. They project 35% occupancy over the entire year. There is parking on the street. He feels it does not propose any traffic problems. At one point they were discussing for a small retail outlet. They dont have any plans. But it is something they may want to have in the future.

Council Member Bunker asked if there will be an on-site manager. Michael said the manager would be an off-site manager.

Kim Campbell architect for the building said the project will not take away from the landmark status.

Deputy City Attorney Paula Houston asked if there will be an office on-site with a manager. Paula said this would be called a hotel which would call for a manager on-site. Mike Madsen replied they dont plan on having someone on-site. Paula spoke on the rental homes and how they are handled throughout the City.


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Deputy City Attorney Paula Houston said maybe the ordinance needs to be changed to accommodate this request. Paula said they run into problems with kids coming down to party. This has been a problem especially when there is no one to supervise them.

Michael said this is the first time this has ever been brought up. He might have to give up the project.

Deputy City Attorney Paula Houston talked about time-share. There is some difference how they are handled based on State law and the Citys ordinance.

Chairman Almquist gave options to this problem;

1) use the home as banquets or reception area.
2) wait for the ordinance to be change
3) have an on-site manager

The applicant would like to table this request to view his options. Kim Campbell asked if there is a possibility to make conditions for some type of use for this project.

Bob Nicholson spoke on the parking for 8 stalls.

The item will be tabled per request of the applicant.

MOTION: Commissioner Burks made a motion to table this item per the applicants request. Commissioner Nobis seconded the motion. All voted aye.


SITE PLAN BUILDING ELEVATION

Consider a site plan building elevation (SPBE) to construct a 15,408 sq. ft. three-story office building. The project is called Southpoint Blackridge Commercial Building. The location is approximately 250 West and 1200 South Street. The zoning is PD-Commercial (Planned Development Commercial). Case No. 2007-SPBE-007

Planner Ray Snyder said this item was tabled at the April 24, 2007 meeting to allow the applicant time to submit photo simulation of the proposed building and site to the Planning Commission. This is a site plan and building elevation review for one three-story office building. The proposed height will exceed 35 ft. The height will be forty-nine feet (49') which includes a three foot (3') roof parapet.


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Ray said a photometric plan has not been submitted with this project but will be required with a site plan review application submittal to the Development Services Department. This will be confirmed during the plan check process.

Ray stated that the interior horseshoe driveway is a thirty-foot (30') private drive. Three driveways are shown onto the private drive. The drive at the north side of the project is problematic and is placed along a blind curve. The City Traffic Engineer requests that it be relocated or eliminated.

Staff recommends approval subject to;

1. Signage shall be approved under a separate permit.
2. Earth tone colors and materials shall be used as represented in the colored elevation submitted April 24, 2007.
3. The maximum building height shall not exceed 49 feet.
4. Street trees shall meet the City Tree Ordinance on 250 West Street.
5. Provide a photometric plan.
6. Comply with the requirements of the City Traffic Engineer.

Bill Western the architect said the windows are non-reflective glass. The windows are similar to what is in the other buildings around there. The trim is rock on the bottom and stucco is a an earthtone color. They have worked with staff on the parking layouts.

There was discussion on the color of the stucco for the building. Commissioner Nobis asked about the access. Bill said they have worked the access out with staff. They will be giving up one of the access and keeping the other two.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval a site plan building elevation (SPBE) to construct a 15,408 sq. ft. three-story office building. The project is called Southpoint Blackridge Commercial Building. The location is approximately 250 West and 1200 South Street. The zoning is PD-Commercial (Planned Development Commercial), subject to staff comments. Comment #2 final color palette needs to be made available to City Council and access will be adjusted according to staff recommendations. Commissioner Campbell seconded the motion. Commissioner Bracken voted nay. Motion passes 5 to 1.


AMENDMENTS TO ZONING REGULATIONS - PUBLIC HEARINGS (5:00 P.M.)

A. Consider a proposed amendment to the City of St. George Code, Title 10 Zoning Regulations, Chapter 2, Definitions to change the definitions of height and grade. Case No. 2007-ZRA-004
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Bob Nicholson said staff is asking to remove this request from the agenda. The ordinance does address this but it is poorly worded.

B. Consider a proposed amendment to the City of St. George Code, Title 10 Zoning Regulations, Chapter 9, Administrative and Professional Office Zone (AP) to add Section 10-9-7 Special Provisions, to address the review of buildings over 20,000 sq. ft. Case No. 2007-ZRA-003

Planner Ray Snyder said this request to review buildings over 20,000 sq. ft. by a Site Plan Building Elevation application is not in the AP zone as it is in the commercial zones. Staff is asking for Planning Commission to consider adding Special Provisions to Chapter 9 Administrative and Professional Office Zone. This may not come up very often but staff feels it would warrant to be in the ordinance in case it does.

Ray asked if staff should come back with AP and Commercial zones.

C. Consider a proposed amendment to the City of St. George Code, Title 10 Zoning Regulations, Chapter 18: Walls, Fences, and Hedges, to address measuring heights, retaining walls, fencing around pools and jacuzzi, permits, and other changes for clarification. Case No. 2007-ZRA-002

Planner John Willis said they included the definitions for walls, fence and retaining walls. John spoke on the retaining wall measurements that should be measured at any single point, measured from finish grade on the shortest side of the fence instead of being measured from above grade on either side. John said staff could change the ordinance to say they can put in a wrought iron fence on top of the retaining wall.

Safety nets are permitted along sides and rear property lines, were a property is adjacent to a golf course. Staff and commissioners discussed the color and mounting of the net.

Deputy City Attorney Paula Houston on 10-18-4 on terrace retaining walls on paragraph B the language needs to be clarified on that. In F there is an added provision allowing retaining walls over 8' tall. Would Planning Commission want to have this go before them or do you want the applicants to work with staff on those issues? The terracing is to break up the vertical walls. The terracing is not limited but the vertical walls are limited.

Chairman Almquist said they could keep or delete Unless otherwise approved by the Planning Commission on item F. Commissioners said it should be struck-out.




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Commissioner Chapin questioned the netting around golf courses. He felt strongly that it should be controlled by the design of the netting.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a proposed amendment to the City of St. George Code, Title 10 Zoning Regulations, Chapter 18: Walls, Fences, and Hedges, to address measuring heights, retaining walls, fencing around pools and jacuzzi, permits, and other changes for clarification, based on the basis of the changes. Commissioner Nobis seconded the motion. All voted aye.


D. Consider a proposed amendment to the City of St. George, Title 10 Zoning Regulations, Chapter 8, Planned Development Zone, Section 10-8-5 Residential Development Standards, to add a provision allowing the City Council to approve densities in excess of the General Plan in certain circumstances. Case No. 2007-ZRA-008

Director of Community Development Bob Nicholson said the purpose of the General Plan is to be used as a guide for growth. Bob said what is being suggested on this is to allow Planning Commission and City Council to look at some flexibility for approval of a project with density higher than the General Plan recommendation if certain conditions are met. Bob presented an example of this through the Childrens Justice Center. Bob read the language the City is proposing.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a proposed amendment to the City of St. George, Title 10 Zoning Regulations, Chapter 8, Planned Development Zone, Section 10-8-5 Residential Development Standards, to add a provision allowing the City Council to approve densities in excess of the General Plan in certain circumstances. Commissioner Bracken seconded the motion. All voted aye.


E. Consider a proposed amendment to the City of St. George, Title 10 Zoning Regulations, Chapter 11, Manufacturing Zones, Section 10-11-2 Uses, to add small animal boarding, and small animal hospital. Case No. 2007-ZRA-007

Planner Ray Snyder presented this item. Ray said they have seen this before for a Dog Spa. The zone request is for an M-1. Ray said the request is to amend the uses to include incorporate small animal boarding facility and small animal hospital. Ray questioned if Planning Commission would like to see this use also connected to the M-2 zone.

Greg Collinwood said they use a solution daily to keep up with any odors. Noise is all indoors. They will do double sound protection in the building.


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MOTION: Commissioner Nobis made a motion to recommend to City Council approval of a proposed amendment to the City of St. George, Title 10 Zoning Reguations, Chapter 11, Manufacturing Zones, Section 10-11-2 Uses, to add small animal boarding, and small animal hospital. Commissioner Burks seconded the motion. All voted aye.


NON-CONFORMING USE

Determine if a request to modify an existing non-conforming building to allow expansion of the existing footprint and maintain the existing non-conforming setbacks is permitted. The property is located at 75 East, 400 South. The request is to extend the living room, family room, add a bathroom, and enclose the carport to create a garage. The applicant is Mr. And Mrs. John Dennis. The property is in the R-1-8 zone. Case No. 2007-NC-001

Planner John Willis presented a site plan showing what the applicant is planning for the existing home for additions. John read Title 10, Chapter 16 Section 10-16-3 into record. John stated the property is 11.5 ft behind the curb on 400 South to the property line. From the property line, there is a twenty-five foot front yard setback, eight and ten foot on the sides, and ten foot in the rear. The existing non-conforming building encroaches into the setback on the east side and the front. The applicant is proposing that the addition maintain the existing six foot side yard setback on the east side. In addition, make modifications to the carport by enclosing it, but not expand the footprint. John said staff recommends approval.

Setbacks were discussed among staff and commissioners.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval a request to modify an existing non-conforming building to allow expansion of the existing footprint and maintain the existing non-conforming setbacks is permitted. The property is located at 75 East, 400 South. The request is to extend the living room, family room, add a bathroom, and enclose the carport to create a garage. The applicant is Mr. and Mrs. John Dennis. The property is in the R-1-8 zone. Commissioner Bracken seconded the motion. All voted aye.


Ray Snyder talked about SPBE and change the name to BDCSP (Building Design Conceptual Site Plan).

MOTION: Commissioner Bracken made a motion to adjourn the meeting (7:15 p.m.). Commissioner Hullinger seconded the motion. All voted aye.