Planning Commission Minutes

Tuesday, June 12,2007



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
June 12, 2007 - 4:00 p.m.

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

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

EXCUSED: Commissioner Chapin Burks

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 1450 South Roadway Dedication plat located between 1490 East Circle and River Road. Mr. Rick Rosenberg, representative. Case No. 2007-FP-023

B. Consider approval of a final plat for Creekside Amended plat located at 351 South Valley View Drive. City of St. George, applicant, Mr. Larry Bundy, representative. Case No. 2007-FP-022

C. Consider approval of a final plat for Raybold with 2 single-family lots located at 2650 East Street (between 350 North and 375 North). McNeil Engineering, representative. Case No. 2007-FP-005

Senior Project Engineer Cathy Hasfurther stated that final plats A and C are not ready to be heard this evening. Final plats A and C were tabled.

Chairman Almquist read Item B into the record.

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City Surveyor Larry Bundy said the only change to Creekside Subdivision would be to Lot 38. He indicated that back in 1993 when it was originally amended it was done without anyone knowing that they needed to get the Homeowners Associations (HOA) approval. Larry presented a diagram of what Lot 38 originally looked like. In addition to the change the City acquired lots 40, 41, 42 and 43. Larry said Lot 38 has a great deal of limited common area which is actually an easement so they will need to get that limited common area abandoned.

Michael Ranken lives in Creekside, he said the lot size has been an issue for some time. He stated the residents of Creekside owns the limited common area around that house which he has encroached on. The client has taken it upon himself to increase the size of this lot. Michael said this needs to be brought before the HOA so they can vote whether they will give the extra land to the owner or charge him a price for the extra footage of the lot.

Commissioner Taylor asked does the CC&Rs specific the building pad size, do they specifiy a procedure if they want a bigger building size. Michael replied it does. Commissioner Taylor said then it looks like that is where you go to resolve your conflict is through your CC&Rs. Michael would like to see this item tabled until they have an HOA meeting. He would like to have a months time in order to call a meeting.

Deputy City Attorney Paula Houston said Lot 38 was quite a bit smaller than it is being shown today.

Chairman Almquist wanted to know why the lot was drawn up bigger than it was originally. Larry Bundy replied the City requested the amendment to this plat for the purpose of writing off the four lots (40, 41, 42, 43). Larry presented to the owner of Lot 38 two scenarios for his home. The client wanted to have a bigger lot. Larry told him that he will need to have the size of the lot approved by the HOA. The City is caught in the middle trying to get this plat recorded.

Deputy City Attorney Paula Houston said they did meet with a number of people in the Homeowners Association and explained the process to them and that they would have to vote. They actually did have a vote and they represented to us that they voted on the plat that would allow him to increase the size of that lot. However, after that the City received information from a couple of homeowners stating that was not the plat that was presented to them for the vote. The question becomes which plat did they have and which one did they vote on. The plat does not give him ownership of that property. It gives the HOA the right to sell that property to him.

Chairman Almquist said they should give them some time to make this legal in their mind.



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MOTION: Commissioner Taylor made a motion to table this item for a month and let the HOA resolve this. (No second - went into discussion).


DISCUSSION ON MOTION
Chairman Almquist said it seems the only thing holding the City hostage are the lots other than Lot 38. Why dont they have two plats, one that releases the Citys obligations to the HOA and the other to discuss Lot 38 whenever they are ready.

Deputy City Attorney Paula Houston stated that Lot 38 does exist and it can remain the same with just the change to the boundary eliminating those lots. She believes that is one option that Larry Bundy proposed to the residents of Creekside.

Larry Bundy said the boundary on the other mylar that he gave to them was identical to this one with the exception of Lot 38. Deputy City Attorney Paula Houston said so they could approve the first mylar instead of this version. Larry replied yes.

Larry said if the City approves and records the other mylar as it is then the next process would be to have the applicant work it out with the HOA, then he would have to amend the plat again. Larry said Lot 37 was put in and built incorrectly as well. Those two owners would need to work it out in the future.

Commissioner Nobis said if they are going to have this cleaned up in a month and half then he would prefer to do it all at once.

Jay Sandberg said he doesnt believe that the owners will ever reach an agreement. A decision needs to be made and they need to move forward. The decision needs to be made by the City and just move on.

Larry feels that they can give them a month and half to clear up this problem with this plat then if not they could run with the other plat through the process.

MOTION: (continued) Commissioner Taylor made a motion to table this item. They could come back to the first meeting in August. They should come back with a final amendment that meets their conditions of their CC&Rs and if thats not available by then Planning Commission will move forward with the other mylar. Commissioner Campbell seconded the motion. All voted aye.




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CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit for permission to construct a single-story detached RV garage that would exceed the allowable height of fifteen feet. The proposed accessory structure would be approximately twenty-one feet six inches (21'-6") high to the roof peak. The property is located at 2528 East 2300 South. The property is in the RE-20 (Residential Estate 20,000 sq. ft. minimum lot size) zone. Mr. and Mrs. McArthur, applicants. Case No. 2007-CUP-012

This comes to Planning Commission as a result of a code enforcement action.

Planner Ray Snyder said this is a request to build a RV garage in Crimson Cliffs subdivision. This will be a single-story garage. The height would exceed the allowable building height of fifteen feet. This has been red tagged by the City inspector. Staff recommends approval.

Jim McArthur the applicant said the reason for the height of the garage is for a car lift. The building next to it is a for supplies (such as dog food, parts for cars, etc) nothing hazardous. The building has no water/sewer to the building. There will be power.

MOTION: Commissioner Taylor 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 that would exceed the allowable height of fifteen feet. The proposed accessory structure would be approximately twenty-one feet six inches (21'-6") high to the roof peak. The property is located at 2528 East 2300 South. The property is in the RE-20 (Residential Estate 20,000 sq. ft. minimum lot size) zone. Mr. and Mrs. McArthur, applicants. Commissioner Hullinger seconded the motion. All voted aye.


B. Consider a conditional use permit to expand an existing gravel pit operation (originally approved for 19 acres in February 2004; Case No. 2004-CUP-014 and also previously approved for a new 54 acre site by City Council in January 2007; Case No. 2006-CUP-037) this request is for an additional 92.2 acres (Phases 3, 4, and 5 only of submittal). The total mining and grading area will encompass 146.2 acres. The location is generally located within the W of T43S, R15W, S.L.B.&M. The property is zoned R-1-10 (Single-Family Residential) and M&G (Mining & Grazing). The General Plan designation is GC (Golf Course), FP (Flood Plain), and MR (Mixed Residential). Case No. 2007-CUP-013

Planner Ray Snyder went over the previous history of this location. Ray said that Desert Canyons Development and Quality Excavation Inc. seeks permission to expand their relocated existing gravel pit. The applicant at this time is proposing an additional 92.2 acre site. The applicant proposes to mitigate existing site(s) and to use the existing roadway previously PLANNING COMMISSION
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approved. A second crushing plant would be installed. The applicant proposes to shut down the operation of an existing gravel pit and to relocate the gravel pit to a remote area in the City limits. Ray indicated there will be ample parking for the employees in this remote location. No improved surface is required. The applicant proposes to build and maintain a forty foot (40') roadway to the site. This road will connect with 1630 East. They propose to operate from 6:00 a.m. to 6:00 p.m. Some night time operation may be necessary. A dust control plan shall be submitted to the City.

Ray stated approval is recommended for this new 92.2 acre site which is contingent upon Planning Commission conditions;

1. The applicant shall pre-water each phase area prior to disturbance.
2. The applicant shall mitigate each phase prior to beginning a new phase.
3. Provide perimeter fencing on the existing 19 acre site and 54 acre site.
4. Provide a fencing plan (identify wash boundaries) for the total 146.2 acre site.
5. Regarding the original CUP (19 acre) and January 2007 CUP (54 acres); provide a site mitigation plan; the existing gravel pit(s) are to be mitigated (refilled with soil and has compaction certified). This includes a geotechnical report and testing to the satisfaction of the Engineering Department (pad certifications).
6. Re-vegetate acreage of the original CUP (19 acres + 54 acres); refill or provide an alternate mitigation to prevent airborne dust (from scrapped areas). Note: 10 acres may be used for the mining equipment.
7. A dust control plan shall be submitted.
8. The applicant shall demonstrate mitigation of the high sulfur content in the associated production well (the applicant agreed to a 30 day time line).
9. A backup water source from a City hydrant where the haul road meets 1630 East shall be coordinated with the City Water Department.
10. A channelization study is required.
11. As applicable; FEMA permits to be obtained.
12. As applicable; Army Corp of Engineers permits are required.
13. Provide a phasing plan.
14. The truck route shall be as originally approved for Case No. 2004-CUP-014.
15. The access road shall be 90 degrees and a stop sign installed at 630 East.
16. Provide a more specific plan for controlling dust along conveyors, stock piles, and disturbed areas.
17. Provide a more specific plan for controlling dust during blasting operations.

Senior Project Engineer Cathy Hasfurther said staff wants more time to look at the flood plain areas. The applicant is aware of that. Cathy said Sites 3, 4, and 5 have not been reviewed for grading plans.

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Ken Miller representing Desert Canyons Development and Quality Excavation said this is an addition to the application which was approved back in January. A great deal of things have happen since that was approved back in January. They are currently coming into the planning for this area. There is a large need for gravel. The other areas are not in the hillside overlay zone. They wont be left as holes in the ground.

Commissioner Campbell asked about the L-shape cut on Site 4. Ken replied that it is not as deep as it looks. The cut will actually feather out. Chairman Almquist said the plans show that the cut for Site 4 looks to be 32 ft. Chairman Almquist said this will have to go through Hillside Review Board. Planner Ray Snyder pointed out that this is not in the Hillside Overlay Zone.

Ed Burgess applicant said the area is a wash, it is being taken out of context. This is not the last time you will see this - there is 2,500 acres out there. This is site #5 and there is about 20 sites to come out of there. They dont want the gravel pattern out there to dictate the development of the site.

City Project Manager Bill Swenson said he has met with Ed Burgess. He believes that more communication needs to happen. They are looking to see if a monthly meeting will work. Bill wants to see the City become a part of this and to be able to see the progress going on out there.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a conditional use permit to expand an existing gravel pit operation (originally approved for 19 acres in February 2004; Case No. 2004-CUP-014 and also previously approved for a new 54 acre site by City Council in January 2007; Case No. 2006-CUP-037) this request is for an additional 92.2 acres (Phases 3, 4, and 5 only of submittal). The total mining and grading area will encompass 146.2 acres. The location is generally located within the W of T43S, R15W, S.L.B.& M. The property is zoned R-1-10 (Single-Family Residential) and M&G (Mining & Grazing). The General Plan designation is GC (Golf Course), FP (Flood Plain), and MR (Mixed Residential), include staff comments and to have regular on site inspections. Commissioner Campbell seconded the motion. All voted aye.


LOT FRONTAGE UPON A PRIVATE STREET

Consider a request to build a home with the lot frontage upon a private street located off of 1580 South (at Cottam Bench). Mr. Tom Durrant, applicant. Case No. 2007-LF-001

Planner Ray Snyder said the applicant would like to build a home with the frontage upon a private street. The property owner would have access to his parcel from an existing private lane via a cross access agreement. Ray stated that staff comments would be as follows;

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1. The private land (street) is paved. The requirement is 25 ft. wide per ordinance.
2. Approval of this request would result in the last residence being constructed at the end of the lane (street).

Deputy City Attorney Paula Houston said their right to build on there should be conditioned on the maintenance agreement and the easement should be a condition.

Tom Durrant said they entered into that agreement back in 1992.

MOTION: Commissioner Campbell made a motion for a approval of a request to build a home with the lot frontage upon a private street located off of 1580 South (at Cottam Bench) with the condition they enter into a maintenance agreement. Mr. Tom Durrant, applicant. Commissioner Bracken seconded the motion. All voted aye.


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

A. Consider a zone change request from C-1 (Neighborhood Convenience Commercial) to PD Commercial (Planned Development Commercial) on 0.65 acres. The project is located approximately on Ft. Pierce Drive and the corner of River Road. Mr. Jeff Morby, applicant. Case No. 2007-ZC-012

NOTE: This item was noticed, but has since been tabled at the applicants request) to the August 14, 2007 Planning Commission meeting. New notices will be sent prior to that meeting.

B. Consider a zone change request from R-1-10 (Single-Family Residential) to M-1 (Manufacturing) on 254.04 acres. The project is located on the south side of the existing Ft. Pierce Industrial Park. SITLA, owner, Mr. Gilbert Jennings, applicant. Case No. 2007-ZC-011

Community Development Director Bob Nicholson said this site is located on the south side of the existing Ft. Pierce Industrial Park. The zone is currently R-1-10 which was designated this way as a holding zone when annexed into the City. This rezone would extend the Ft. Pierce Industrial Park to the south and would be the limit to industrial zoning bordering the White Dome gypsum hill formation. SITLA is partnering with the Ft. Pierce Industrial Park LC in developing the industrial park. The White Dome hill formation bordering this area is intended to be permanent OPEN SPACE and used for plant habitat and recreational trails.


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MOTION: Commissioner Nobis made a motion to recommend to City Council approval of a zone change request from R-1-10 (Single-Family Residential) to M-1 (Manufacturing) on 254.04 acres. The project is located on the south side of the existing Ft. Pierce Industrial Park. SITLA, owner, Mr. Gilbert Jennings, applicant. Commissioner Hullinger seconded the motion. All voted aye.


C. Consider a zone change request from R-1-10 (Single-Family Residential) to PD Commercial (Planned Development Commercial) on 3.90 acres. Located at 1300 East and 900 South. Blue Mountain Holding, applicant. Mr. Neil Glauser, representative. Case No. 2007-ZC-013

Commissioner Campbell stepped down to conflict of interest.

Community Development Director Bob Nicholson said this is a rezone request to PD Commercial. The applicant proposes to construct three buildings. The buildings would be three stories. The buildings would have mixed use. The first two floors would be office and the top floor would be residential units.

Bob said the residential floor would contain 12 condo units; 4 condos in each building. The applicants are proposing a building height of 57 feet. The PD mixed use code requires the ground floor glass to be a minimum of 40% of the ground floor facade. The building renderings provided show that more than 40% of the facade consists of windows.

Bob said staff comments are as follows;

1. This is the first proposed vertical mixed-use project in the City.
2. The code states that 5 acres is the minimum parcel size for a mixed-use project, but that the City Council can approve a smaller parcel size where the mixed use project fits harmoniously into the surrounding area.
3. There is a single family home on 900 south Street which this project wraps around. The Planning Commission should determine how this single family property will integrate into this project in the future.
4. The applicants site plan shows 12 condos total; 4 condos on the third floor of each of the three buildings. However the applicants text states there will be 24 condos total so this discrepancy should be cleared up. Proposed parking only accommodates 12 condo units.
5. The proposed building heights of 57' should have a photo simulation showing how the building height will fit into the surroundings.
6. Mixed-use projects require a minimum of 25% site landscaping. This proposed project shows 26% landscaping.

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7. The City Traffic Engineer has reviewed the applicants traffic study and makes the following recommendations;
A. Construct roadway improvements along 900 South Street adjacent to the development.
B. Line up 900 South Street driveway with one of the LDS church driveways across the street.
C. All signing and striping shall conform to the City of St. George and MUTCD standards.

Darwin Whitaker lives in Meadow Creek. He is opposed to the height. He would like to see the buildings become 2-story.

Brian Black lives in Meadow Creek. He is concerned about the density and how it will affect the neighborhood.

Gloria Shakespeare asked about the play ground area for children. Will these be required for the people who will live there on the third floor. She feels that the height should be looked at and should meet todays code.

Jeff Morby representing the owners of the property said the intent of the residential is for those who work there would also live there. They are looking for professional people to live there. Jeff said there will be 12 condo units not 24 that was listed into the report.

Kim Campbell architect said on the distance between the property lines they tried to pull the buildings in further. He said the majority of the parking is under the buildings.

Darwin Whitaker said the problem they have into and out of Meadow Creek exists right now. He felt the City needs to do a better job in their planning when it comes to traffic.

Brian Black said he still questions if this is the area for this type of design.

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 Commercial (Planned Development Commercial) on 3.90 acres. Located at 1300 East and 900 South. Blue Mountain Holding, applicant, to include the height of 57 ft. and with 12 condos. Mr. Neil Glauser, representative. Commissioner Taylor seconded the motion. All voted aye.


D. Consider a zone change request from A-1, A-20 (Agricultural) and OS (Open Space) to R-1-10 (Single Family Residential) on 106.73 acres located between Little Valley Road and Commerce Drive. Triple Bogey, applicant, Mr. Ed Burgess, representative. Case No. 2007-ZC-014

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Planner John Willis presented the slides of the parcel in Little Valley area. He indicated that the request is to rezone 106.73 acres to R-1-10. The Little Valley Master Plan was recently changed to allow a maximum zoning density of 3.3 du/acre without a TND, which this rezone would conform. The applicants are proposing a lot size averaging subdivision, which would be permitted under the R-1-10 zone.

John stated the following staff comments;

1. The Citys concurrency policy requires at least one collector roadway to have 32 ft. of asphalt width that connects the development to the closest higher-order road that has at least 32 ft. of asphalt width. Summerset is proposing to use Little Valley road for access, which has approximately 23 ft. of asphalt width. To meet the concurrency standard, Little Valley Road will be required to be widen to a minimum of 32 ft. of asphalt where it is not, from Summerset north to 2450 South.
2. Based on the delay at the intersection of River Road and 2450 South, Summerset should enter into an agreement with the City to participate at least 10% (or $13,000) of the traffic signal when it is warranted and installed.
3. Located along Little Valley Road, is Master Planned trail.
4. A minimum of 100' separation is recommended between the existing equestrian subdivision property line and Summerset.

Ed Burgess said this was before Planning Commission about a month ago. At that time they were requesting an TND plan. They have joined up with adjacent property owners to come up with this plan which is before you tonight.

Becky Roper asked about the back side of the homes if there could be some feathering for the animal rights. Becky asked about the SIDs and how that would be paid.

Scott Roper said they do have concerns on Little Valley Road.

Dan Maxfield said they are not opposed to the zone request. He would like to request that when new residents take custody of their new home that they sign an agreement that there is a gravel site nearby and therefore they will be subject to dust and noise.

Council Member Bunker made a point to say that she feels sad that after they put in months and months of the work on the TND and not to see them move forward with that type of design.



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Ed Burgess said they are prepared to produce 540 acres next to this propose subdivision as a TND project. Ed said he has met with the City Manager and they have turned in their application today. The City Manager is committed to see this project underway.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a zone change request from A-1, A-20 (Agricultural) and OS (Open Space) to R-1-10 (Single Family Residential) on 106.73 acres located between Little Valley Road and Commerce Drive with staff comments. Triple Bogey, applicant, Mr. Ed Burgess, representative. Commissioner Hullinger seconded the motion.

Call for vote
Commissioner Campbell voted nay Commissioner Taylor voted aye
Commissioner Bracken voted aye Commissioner Nobis voted aye
Commissioner Hullinger voted aye Motion passes 4 to 1


E. Consider a zone change request from R-1-8 (Single-Family Residential) to RCC (Residential Central City) on 0.805 acres located on 500 South and Main Street. Mr. Brandon Anderson, representative. Case No. 2007-ZC-015

Planner John Willis said this request is to rezone a parcel of land to RCC. Currently, the surrounding and adjacent properties are a combination of R-1-8, PD, and RCC zones. The RCC zone has lot development standards of the current R-1-8 zone; except that the minimum lot width is 65'. Additionally, the RCC zone allows 5,000 sq. ft. single family lot size, which is subject to the architectural design standards outline in the Zoning Ordinance.

Jake Sylvester with Rosenberg said there is 198 sq. ft. of frontage on Main Street. They want to keep the existing home on 500 South. The RCC would allow for a 66 ft. frontage and have the lots at 5,000 sq. ft. instead of the 8,000 sq. ft. required in the R-1-8 zone.

Bob Nicholson said if the zoning is approved then they would have to come back with a subdivision plat.

Gloria Shakespeare said it was not the intent to have R-1-8 property rezoned to RCC property. Gloria presented the history on how some of the homes in the downtown area became historical homes. She said she would like to get a committee together and come up with a plan for the downtown area.

Cimarron Chacon said she agrees there should be a plan for the downtown area. She asked if these homes will be owned homes or rentals.

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Jim McArthur said he lives a block from this zone change. He is uneasy about spot zoning. He is concerned about the principle that will be established once these homes start requesting to be spot zoned. He would like the developer to look at other options.

Julie Holmes said she is concern about the number of rental properties. She would dislike to see the property values go down.

Commissioner Taylor said there should be enough property there to construct 4 homes and also have a flag lot. They need to look at the square footage that is already there.

Jake read the square footage of the existing home is 8,000 sq. ft. No one said these homes are going to rentals.

Deputy City Attorney Paula Houston asked how much space do you have for the flag lot. Jake said 45 ft..

Commissioner Taylor said this allows to open the area for multiple housing. He believes this is not in the best interest for the community.

MOTION: Commissioner Taylor made a motion to deny this request. Commissioner Nobis seconded the motion.

Call for a vote
Commissioner Campbell voted aye Commissioner Bracken voted nay
Commissioner Taylor voted aye Commissioner Nobis voted aye
Commissioner Hullinger voted aye Motion passes 4 to 1


F. Consider a zone change request from R-1-8 (Single-family Residential) to R-3 (Multiple Family Residential) on 0.40 acres located at 356 South and 200 West. TURN Community Services, applicant. Ms. Jan Parke, Director. Case No. 2007-ZC-016

Community Development Director Bob Nicholson said this request is to rezone this parcel to R-3 Multiple Family. The parcel on the General Plan has it listed at MDR (Medium Density Residential). Surrounding the parcel is to the north PD Residential, RCC to the East, R-1-8 to the South and R-1-8 to the West. They are proposing 5 units which will be single-story. This lot is about 17,000 sq. ft. which makes it not possible to require a PD zone. In a PD zone you are required to have a minimum of 20,000 sq. ft. Staff comments are as follows;


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1. The request is mostly consistent with the General Plan in that the block is designated as Medium Density Residential.
2. TURN Community Services is a non-profit organization dedicated to helping persons with disabilities, primarily the mentally handicapped. They house local citizens who are aging out of school and parental homes and in need of support systems to engage in community life.
3. The project proposes a 5 plex townhome project on .4 acres which meets the R-3 zone standards. There is a small townhome or apartment development adjacent on the north and the RCC zone is across the street to the east.
4. The applicant is willing to sign a long term commitment in the form of a deed restriction, or similar document, binding the property as affordable housing for the disabled.
5. Due to the need for such housing in the community, staff supports the rezone request. The project has a funding commitment from the States Olene Walker Housing Fund and from other sources. The project, if approved will provide housing to a special needs segment of our community.

Phil Shumway with Turn Community Services gave a history on how these services came about. They provide unique services. They are different from nursing homes. They provide long term support. They support about 90 people here in Washington County. They have 35 employees for this community. They are working with about 17 donors for this project. Part of their objective is to find a piece of land to build for long term housing that will work for their needs. They are proposing a 5-plex that will be supervised 24-7. This would support 9 people and office support staff. These people are mentally and physically disabled.

Cimarron Chacon said her protest has nothing to do with their services. It has to do with the architectural design and the location. They want to keep the historic character in the neighborhood.

Jim McArthur said there are six special need homes within the small proximity of their neighborhood. He is concerned about the narrowing of the lot. If this is rezoned R-3 then this lot becomes a more valuable lot.

Bundy has property that backs up to this lot. He does not go along with this proposal. This is to be for single-family only.

Richard Isom said he is raising 5 children and he would like to see more families moving into the neighborhood for his children to play with. They have two facilities in their neighborhood already for this type of use.


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Margaret Folston lives directly across from this property. She pointed out the other facilities that are for the same use in the neighborhood. She wants it to remain single family.

Gloria Shakespeare said part of the handicapped situation is that you dont treat them differently. The zone is R-1-8 and even if you turn the lot into an RCC zone it would not meet the requirements. The real question is would you rezone this parcel for anyone. She asked for them to deny this request.

Jim Weatherspoon is on the Board of Directors for Turn Community Services offers. He pointed out that there is 24-7 care for these people there. They are willing to give deed constrictions. Turn has been around for 35 years. The opportunity to have these people for neighbors does not drop the values of their homes.

Susan Pettal wants to recognize the support that is present for Turn this evening.

Boyd Campbell said he believes the services that Turn Community Services. He is satisfy that people that live in these homes are an asset. He would like to see this application approved.

Margaret reminded Planning Commission that there are 6 of these facilities from Bluff to Main.

MOTION: Commissioner Taylor commented that they deal with a situation called the Fair Housing Act. The Fair Housing Act states that they cannot discriminate against people who have disables. So they need to look at this request for a zone change tonight and say Would they approve this zone change for just anyone? If they would then they must approve it tonight as a home for the disabled? He said he is looking at this request for 5 units in an R-1-8 block and Im saying they probably would not approve this lot for anyone. Reasonable accommodations would suggest that if there were some unique situations that this property would fulfill that nothing else would then they would have to consider that reasonable accommodation. There is not a shopping center or medical services in walking distance for this property. So he cannot see that this property provides any uniqueness that would require reasonable accommodations. He recognizes the valuable service from Turn. When they look at the request for zoning then they have to look at it clearly through the eyes of Fair Housing. Commissioner Taylor made a motion to deny this request based on that it does not prove discriminatory nor is a reasonable accommodation required . Commissioner Campbell seconded the motion.






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Commissioner Nobis said he would hope that Turn does not take this as a bad thing. They would like to have you in the community.

Call for a vote:
Chairman Almquist voted nay Commissioner Taylor voted aye
Commissioner Hullinger voted nay Commissioner Bracken voted aye
Commissioner Nobis voted aye
Commissioner Campbell voted aye Motion passes 4 to 2


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 5, 6, and 12, to add provisions for commercial horse stables in the Agricultural Zones, Mining and Grazing, and the Open Space Zone. Case No. 2007-ARA-006

Community Development Director Bob Nicholson said this amendment is to talk about people who want to operate a horse boarding operation. There needs to be some regulations to guide this request. They have recommended that horse boarding be permitted in Agricultural, Mining and Grazing and Open Space zone. A-20 and Mining & Grazing would be a permitted use for up to 50 horses. Then if they were over 50 it would be a Conditional Use Permit.

Ryan Gardner feels the buffer distance is a little bit excessive. He is for this change but he would like to see the buffer zones go down. He would like to see it be 12 per acre.

Larry Gardner said he has been in the process of rebuilding corrals and moving them out of the City. They have 230 acres east and south of the Ledges that they keep for ranch use. When they came to the City for this request, it was told to them that there is no area for this type of use in the City. He proposes to modify the 300 ft. setback to 100 ft. or 150 ft. Also proposes that the number of horses not be so restrictive.

Commissioner Taylor asked if his property borders residential property. Larry said they are bordering , residential property on two sides of his property.

Deputy City Attorney Paula Houston said a minimum number of horses are 50 if you want more than that it would fall under the Conditional Use Permit (CUP). Larry Gardner said right now without a CUP there could be 250 horses on that property.


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June 12, 2007
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Ryan Gardner said he may have only 50 horses there for a while but it will grow and he doesnt want to come back for a CUP to increase the number of horses.

Deputy City Attorney Paula Houston mentioned that they are trying to reach a balance having the buffer zone and the number of horses. She said they need to look at all the locations in the City that could have horses on their property.

Larry said he feels 300 ft. buffer is too far - he would like to see 100 ft.

Bob said there has been a problem with the buffer distance in Bloomington. Originally those stalls where 200 ft. from the residence. The property owners have now moved those back further. Bob feels 300 ft. is reasonable. They need to look at this setback City wide.

MOTION: Commissioner Nobis made a motion to leave it the way it is, knowing that you will see Conditional Use Permit. Commissioner Taylor seconded the motion. All voted aye.


B. Consider a proposed amendment to the City of St. George Code, Title 10 Zoning Regulations to add provisions allowing accessory dwelling units within single-family zones subject to certain standards. Case No. 2007-ZRA-009

Bob Nicholson said there are advantages and disadvantages. The City of Provo has made it an overlay zone. There is a minimum acreage of 4 acres. Most of it is around the campus for college students. Does this make sense for St. George.

Commissioner Hullinger is against the idea. It is in her neighborhood and it does not work. This will come back on the agenda for future debate.


Meeting adjourned at 9:10 p.m.