Planning Commission Minutes

Tuesday, May 22,2007



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
May 22, 2007 - 4:00 p.m.

PRESENT: Chairman Gil Almquist
Commissioner Ross Taylor
Commissioner Ron Bracken
Commissioner Chapin Burks
Commissioner Mike Nobis
Commissioner Julie Hullinger

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Director Bob Nicholson
Planner John Willis
Engineer Cathy Hasfurther
Substitute Recorder Teri Forbes

EXCUSED: Commissioner Kim Campbell
Council Member Gail Bunker
Planner Ray Snyder
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 ITEMS - FINAL PLATS

A. Consider approval of a final plat for Tonaquint Valley Phase 2 with 29 single-family lots located at 2100 South 1340 West. Mr. Justin Bracken, representative. Case No. 2007-FP-006
B. Consider approval of a final plat for Tonaquint Valley Phase 3 with 17 single-family lots located at 2100 South 1340 West. Mr. Justin Bracken, representative. Case No. 2007-FP-007
C. Consider approval of a final plat for Riverside Height Plat H with 20 single-family lots located at 2940 East Riverside Drive. Mr. Kevan Bundy, representative. Case No. 2007-FP-017
D. Consider approval of a final plat for Tonaquint Valley Phase 1 with 7 single-family lots located at 2100 South 1340 West. Mr. Justin Bracken, representative. Case No. 2007-FP-003

The final plats were read into the record. All final plats can be considered under one motion.
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MOTION: Commissioner Burks made a motion to recommend to City Council approval for final plats 1A through 1D and authorize the Chairman to sign. Commissioner Nobis seconded the motion. All voted aye.


PRELIMINARY PLATS

Consider a preliminary plat request for Knettas Knoll Condominiums on 32.89 acres with 173 condominium units located at the southeast corner of Riverside Drive and Foremaster Road intersection. Mr. Craig Hopkinson, applicant. Case No. 2007-PP-009

Senior Project Engineer, Cathy Hasfurther, presented the staff report.

City Attorney, Paula Houston, stated that the hillside development aspect would have to come back to Planning Commission separately. Hillside Development Board recommended approval of a Hillside Development Permit; however, this permit has not been approved by Planning Commission and City Council.

Cathy displayed a map of the site and identified proposed changes. The project was approved originally with 11 buildings. One of the conditions was that they be three stories or less. A trail traversed the property on the east side. The owners agreed to grant an easement, however, it had not yet been formally signed. The project was also required to meet the PD zone requirements.

Cathy stated the following staff comments;

1. This preliminary plat has some changes from the approved PD site plan. The PD site plan shows circular drive isles with shorter streets accessing the buildings. In addition, the buildings were on the outside of the project. This preliminary plat has changed to show garage areas on the outside perimeter of the project. This preliminary plat shows one circular drive isle and has eliminated the smaller streets. Overall, the circulation is better, but the garages will be more visible from the surrounding areas outside the project. The approved PD plan had 11 buildings with some of the buildings being 4-story. One condition of the PD approval was that the buildings be 3-story or less. The number of the units is the same (173), but there are now 13 buildings instead of 11.
2. The project should conform to the conditions of the City Traffic Engineers recommendations dated November 15, 2005, which includes a participation amount of 25% for a new traffic signal. Roadway widening and re-stripping will also be required by this project in the vicinity of their access across from Foremaster Drive at Riverside Drive.
3. A City trail traveses the easterly edge of the project adjacent to Middleton Wash. The owners have agreed to grant an easement, but the easement has not been formally signed by the owner.
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4. The project shall conform to the PD zone change conditions.

Commissioner Nobis asked why the number of stories was limited to three. Planner John Willis stated that the original request was for four stories. It was thought that limiting the buildings to three stories would prevent them from being so visible.

The applicant stated that the modifications to the buildings were at the request of the City because of soil issues.

Commissioner Taylor asked about the garages that would be seen from outside of the project. Architect Troy Haws stated that there would be landscaping in front of the garages. It would not appear to be a large bank of garages as a result. He stated that the back of the garages would be below the crest of the hills and the back of the garages in some places would not be visible. The only area where the back of garages would be seen was identified. Soil issues were discussed. The applicant stated that the intent was to use low water plants. Only one area would require additional water other than a drip irrigation system.

Commissioner Nobis asked about building elevations and landscaping. John stated that the elevations were displayed. They were approved as part of the original PD approval process. It was noted that no changes to colors or materials were proposed.

Reid Pope with Pope Engineering stated that even though they were within the PD zone, they were still trying to obtain preliminary plat approval. Another step that didnt exist previously.

Deputy City Attorney Paula Houston stated that projects could be required to come back before Planning Commission if determined to be a significant change. She stated that Planning Commission should determine whether the modification represented a significant change. If determined not to be significant, it could be handled at the staff level.

Commissioner Taylors understanding was that the Councils only concern was with the four stories. Community Development Director, Bob Nicholson, stated that the number of units remained the same. He recalled that originally wood railings were proposed. The City Council asked that they be metal instead because of maintenance.

John Willis presented the Power Point exhibits that were originally submitted by the applicants. Bob Nicholson stated that booklets were prepared showing a series of renderings. Color and elevation drawings were included.

Traffic issues were discussed. Cathy Hasfurther stated that a light would be proposed. There was also a plan showing the traffic flow once the striping is completed.

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Chairman Almquist noticed a discrepancy between the renderings displayed and the original photos submitted. The applicant stated that the renderings displayed were the most accurate.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of the preliminary plat request for Knettas Knoll Condominiums on 32.89 acres with 173 condominium units located at the southeast corner of Riverside Drive and Foremaster Road intersection, Mr. Craig Hopkinson, applicant, with the stipulation that current renderings showing the effect of the garages and visibility of garages to the outside be included in presentation to City Council. Also subject to the conditions contained in the staff report, with the exception of item 3. Commissioner Burks seconded the motion. All voted aye.


CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit for permission to establish and operate a Child Day Care. The proposed maximum number of children would be 18. A city business license is required and a State license. The applicant is Mrs. Kristine Mace who proposes to operate Monday through Friday from 6:00 a.m. to 8:00 p.m. Two adults are proposed to be in the home anytime more than 8 children are present. The zoning is R-1-10 (Single Family Residential). The property is located at 702 North 1050 West Street. Case No. 2007-CUP-010

Planner John Willis presented the staff report and stated that the ordinance indicates that Planning Commission should determine the maximum number of children to be allowed. The general location of the property was shown. The applicant proposed to operate a day care center in her home with a maximum of 18 children. The applicant would work with the neighborhood to mitigate any pick up and drop off issues. Staff suggested any approval include compliance with the two conditions contained in the staff report.

1. A final fire inspection would be required prior to operation. The applicant shall comply with all Fire Department conditions; such as the posting of fire escape routes, smoke alarms, etc.
2. The applicants shall work with the neighborhood to mitigate any drop off and pick up issues.

Commissioner Taylor asked the applicant, Kristine Mace, whether both of the two driveways would be accessible. Ms. Mace confirmed that they would. Ages of the children would be 6 months to 13 years of age. She stated that the play area would be in her finished basement.

In response to a question raised by Commissioner Burks, the applicant stated that presently she had 8 children.


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MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request for a conditional use permit for permission to establish and operate a Child Day Care. The proposed maximum number of children would be 18. A city business license is required and a State license. The applicant is Mrs. Kristine Mace who proposes to operate Monday through Friday from 6:00 a.m. to 8:00 p.m. Two adults are proposed to be in the home anytime more than 8 children are present. The zoning is R-1-10 (Single Family Residential). The property is located at 702 North 1050 West Street with staff comments. Commissioner Hullinger seconded the motion. All voted aye.


B. Consider a request from Mr. Michael Villamor for permission to establish and operate a sports grill called Dylans Sports Grill which would have non-conforming parking in an historic district. Zoning Ordinance Title 10, Chapter 19 Off Street Parking, Section 10-19-1 reads subject to approval of a conditional use permit, an existing building within the historic district may be changed to a restaurant use even though the number of off street parking spaces is non-conforming. The zoning is C-4 (Central Business District). The property is located at 40 East Tabernacle. Case No. 2007-CUP-011

Community Development Director Bob Nicholson presented the staff report and stated that there were 28 parking spaces available on-site behind the building. Photos of the site were displayed. He stated that approximately three years earlier the Code was modified to encourage restaurants to locate downtown. The intent was to allow for restaurants downtown even though there might not be sufficient parking. It was determined that 51 spaces were needed, leaving the applicants 23 parking spaces short. The City constructed a parking structure across the street to which the public would have access after normal business hours. A narrow alleyway led to the rear of the property. The site was identified as the old Tri-State Building. Staff supported the proposal and thought it would help revitalize the area.

Chairman Almquist commended the applicants efforts. The applicant, Mike Villamor stated that the building would be leased. Their intent was to paint the facade in front and install a canopy. Their hope was to purchase the building and eventually restore the fascia. Proposed improvements were described.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of a request from Mr. Michael Villamor for permission to establish and operate a sports grill called Dylans Sports Grill which would have non-conforming parking in an historic district. Zoning Ordinance Title 10, Chapter 19 Off Street Parking, Section 10-19-1 reads subject to approval of a conditional use permit, an existing building within the historic district may be changed to a restaurant use even though the number of off street parking spaces is non-conforming. The zoning is C-4 (Central Business District). The property is located at 40 East Tabernacle. Commissioner Nobis seconded the motion. All voted aye.
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C. 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 with applicant proposes an extended stay inn and/or vacation home with 4 suites. In Phase 2 the applicant proposes a building expansion with 6 suites or an office, and retail space. The property is in the RCC (Residential Central City) zone. Case No. 2007-CUP-009

Community Development Director Bob Nicholson presented the staff report and stated that the issue was considered two weeks prior. It was located just north of the Brigham Young winter home. The preliminary site plan showed angled parking around the perimeter. Staff believed that either option presented could work. The matter was tabled because of concern about an on-site manager. The property was designated as a historic landmark. Parking issues were discussed. In the past the City had been somewhat flexible recognizing that the integrity of the structure was of utmost importance. Photos of the home were shown.

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 (10) 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.

Deputy City Attorney Paula Houston stated that under the code there is a definition for hotels. There were provisions for bed and breakfasts so long as the owner resides in the dwelling. Bed and breakfasts are conditional uses. She expressed concern with residential properties being allowed for short-term leases. The City Council designated areas where such a use would be allowed. They were prohibited in specific areas. Such uses were discouraged by the City Council. Conditional uses, however, were provided for with on-site managers. Stringent standards were similarly established for hotels. Specific requirements were identified. She suggested that if the request were allowed without an on-site manager or the owner living there, that Planning Commission require specific requirements be adhered to.


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Commissioner Burks asked for input from the applicant. The applicant wished to use angled parking. He asked for a full list of hotel requirements. He suspected they would adhere to them as part of normal business practice. The philosophy of the facility was described. An off-site manager would come in when requested. There would be an on-site office. They would be fairly close and have the ability to get to the site in a short period of time.

Deputy City Attorney Paula Houston asked whether the rooms would be cleaned on a daily basis. The applicant stated that they would not, however, there were facilities available for the guests to do that themselves. The applicant proposed signage and advertising. The sign would include only the name of the facility. Requirements the applicant intended to adhere to were identified.

Deputy City Attorney Paula Houston stated that rooms should not be rented to a minor without an adult being present. The various provisions were identified. The two issues were that the rooms would not be cleaned daily and there would be no on-site manager. She noted that any signage would have to comply with City requirements.

Commissioner Taylor liked what the applicant was trying to do. His only concern was that they were trying to get the ordinance to conform to what the applicant wanted to do. He was concerned about setting a precedent that will cause problems in the future.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of 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 with applicant proposes an extended stay inn and/or vacation home with 4 suites. In Phase 2 the applicant proposes a building expansion with 6 suites or an office, and retail space. The property is in the RCC (Residential Central City) zone, with the following findings and conditions;

Findings:
1. Conditional use permit.
2. Waivers were made based on historic structure.
3. Improvement to the neighborhood.
4. Being rented as a vacation home and not day-to-day hotel room.

Conditions:
1. The provision for an on-site manager shall be waived 24 hours per day.
2. The provision for an on-site office shall be waived so long as an office is provided elsewhere where records can be viewed.

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3. The provision for rooms being cleaned daily shall be waived. Occupants shall have the option to request daily cleaning if so desired. Rooms shall be cleaned at the end of occupants stay.
4. Signage shall comply with City and historic district requirements.

Commissioner Bracken seconded the motion. All voted aye.


Commissioner Burks commended the applicant for saving the historic district home.

Planning Commission took a short recess.

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

A. Consider a zone change request from A-1 (Agricultural 40,000 sq. ft.) to R-1-10 (Single Family Residential) on 3 acres. The project is in Little Valley located north of the George Washington Charter School at approximately 2200 South 3000 East. Sonata Dusk, applicant, Mr. Sam Haslem, representative. Case No. 2007-ZC-010

Planner John Willis presented the staff report and stated that the property was adjacent to the George Washington Academy and comprised three acres. The property would be affected by the Citys trail system which would be addressed by the preliminary plat. The location of the property was identified on a zoning map.

The applicant, Sam Haslem, stated that 9 lots were proposed at approximately 12,000 square feet.
Chairman Almquist opened the public hearing. There were no public comments.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a zone change request from A-1 (Agricultural 40,000 sq. ft.) to R-1-10 (Single Family Residential) on 3 acres. The project is in Little Valley located north of the George Washington Charter School at approximately 2200 South 3000 East. Sonata Dusk, applicant, Mr. Sam Haslem, representative. Commissioner Bracken seconded the motion. All voted aye.


B. Consider a zone change request from A-1 (Agricultural) to R-1-10 (Residential Estate) on 28.27 acres. The project is located at 3000 East 2000 South (by Serenity Hills). Mr. Judd Palmer, applicant, Premier Design and Engineering, representative. Case No. 2007-ZC-009


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Community Development Director Bob Nicholson displayed a map showing the request. Over the last few years, there had been a lot of discussion about the Little Valley area. The Little Valley Master Plan was recently changed to allow a maximum density of 3.3 units per acre without a TND, to which the proposed rezone would conform. Mr. Nicholson expected that the proposed project would become an extension of the Serenity Hills development.

Chairman Almquist opened the public hearing.

Chuck West identified himself as an adjoining property owner. He was approved for two lots per acre and stated that if a change was proposed, he would like to be included. Chairman Almquist assumed that at that time the R-1-10 was not yet allowed. He suggested Mr. West reapply for a zone change if desired. Mr. West stated that they were already to the preliminary plat stage.

Bob Nicholson stated that when Mr. West made application, the General Plan allowed for a maximum density of two units per acre. He received R-1-12 zoning on his property. In order to achieve the density limitation, a one-half acre neighborhood park was proposed. He stated that Mr. West was welcome to go through the process again.

There were no further public comments.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a zone change request from A-1 (Agricultural) to R-1-10 (Residential Estate) on 28.27 acres. The project is located at 3000 East 2000 South (by Serenity Hills). Mr. Judd Palmer, applicant, Premier Design and Engineering, representative. Commissioner Hullinger seconded the motion. All voted aye.


C. Consider a zone change request from A-1 (Agricultural) to R-1-10 (Single Family Residential). Located at approximately 1800 South, 3000 East. Mr. James Eardley, applicant. Case No. 2007-ZC-008

Planner John Willis presented the staff report and stated that the property was located just east of the Palmers zone change.

Chairman Almquist asked about the layout of the parcel. John Willis responded that the property included the shaded portion shown on the map.

The applicant clarified that they did not want to develop, but instead use it for 4 or 5 family homes.

Chairman Almquist opened the public hearing. There were no public comments.

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MOTION: Commissioner Burks made a motion to recommend to City Council approval of a zone change request from A-1 (Agricultural) to R-1-10 (Single Family Residential). Located at approximately 1800 South, 3000 East. Mr. James Eardley, applicant. Commissioner Taylor seconded the motion. All voted aye.


The Planning Commission Meeting adjourned at 5:33 p.m.