Planning Commission Minutes

Tuesday, October 9,2007



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
October 9, 2007 - 4:00 p.m.

PRESENT: Chairman Gil Almquist (left at 6:55 p.m.)
Commissioner Ron Bracken
Commissioner Ross Taylor
Council Member Gail Bunker (left at 5:45 p.m.)
Commissioner Mike Nobis
Commissioner Julie Hullinger (left at 6:45 p.m.)
Commissioner Kim Campbell

CITY STAFF: Community Development Director Bob Nicholson
Assistant City Attorney Joseph Farnsworth
Planner Ray Snyder
Planner John Willis
Engineer Cathy Hasfurther
Deputy City Recorder Linda Brooks
City Project Manager Todd Jacobson

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.

Chairman Almquist asked if the final plats could be taken under one motion. City Project Manager Todd Jacobson replied that Item D would need to be heard separately. Chairman Almquist read Items A, B, C, and E into the record.

CONSENT ITEMS - FINAL PLATS

A. Consider approval of a Road Dedication plat for the construction of Ft. Pierce Area 3 from 1630 East to 4500 South. City of St. George, applicant. Mr. Reid Pope, representative. Case No. 2007-FP-042

B. Consider approval of a Road Dedication for the construction of Arrowhead Canyon Drive. Located at Sun River Parkway and 1300 West. Mr. Brandon Anderson, representative. Case No. 2007-FP-037

C. Consider approval of a final plat for Santa Maria at Sunbrook Phase 4. This is an 18 lot residential subdivision on 8.04 acres. Located at Sunbrook Drive and Plantations Drive. Mr. Roger Bundy, representative. The zoning is PD (Planned Development). Case No. 2006-FP-097
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E. Consider approval of a final plat for Bluffs Phase 2. This is a 10 lot residential subdivision. Located at 250 West and 1100 South. Mr. Brandon Anderson, representative. The zoning is PD (Planned Development). Case No. 2007-FP019

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


Chairman Almquist read Item D into the record.

D. Consider approval of an amended final plat for Stone Cliff Townhomes Plat C a 25 unit single family townhome subdivision. Located at 2240 East and 1800 South (Stone Cliff). Mr. Reid Pope, representative. The zoning is PD (Planned Development). Case No. 2007-FPA-050

(Note: This request is to merge two lots together; merge Lots 4 & 5 into a larger Lot 4 and eliminating Lot 5. The subdivision will change from 25 units to 24. No other changes are proposed to the plat).

City Project Manager Todd Jacobson said Lot 3 is being expanded for the home that is being built on the lot. This will shorten Lot 4. He said in the process they need to abandon the common area and make that private.

Commissioner Nobis asked has that been addressed through the Homeowners Association? He said for the common area to be deeded to the owner you need to have consent from the Homeowners Association. Community Development Director Bob Nicholson replied the developer did not get 100% of consents so this would need to have a public hearing.

City Planner John Willis commented that since they made Lot 3 bigger staff has not had a chance to verify if they meet the building separation of the two pads.

Assistant City Engineer Jay Sandberg said it is very typical to have the common area shifted around. Jay said he is comfortable moving this item forward. He said if Planning Commission does moves this item forward then they can make it subject to staff checking the common area, the 30% and the abandonment of the easements.

Assistant City Attorney Joseph Farnsworth felt staff should check to see how many consents came back and follow the ordinance based on the percentages of consents received.

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MOTION: Commissioner Taylor made a motion to table this item until there is representation here to answer questions on the Homeowners Association approval and the other being appropriate setbacks with the new boundary lines . Commissioner Bracken seconded the motion. All voted aye.

Note: This could be revisited if the applicant or representative shows before the end of the meeting.


PRELIMINARY PLATS

A. Consider a preliminary plat request for Wailea Falls Phase 4 on 9.16 acres. This is a 54-unit residential subdivision. Located next to Wailea Falls Phase 2 in the Stonebridge development. The applicant is Devcon Construction Development and Mr. Brian McMullin is the representative. The zoning is PD (Planned Development Residential). Case No. 2007-PP-011

Planner John Willis pointed out the applicant has made revisions to their subdivision. Since the packets have gone out, they have made some revisions to the phase lines. They have chosen to plat only 32 of 54 units. The reason for that change is because of some issues with the erosion and flood plain lines in the lower section. John presented slides of the proposed site.

Brian McMullin is present and has no comments.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a preliminary plat request for Wailea Falls Phase 4 on 9.16 acres. This is a 54-unit residential subdivision. Located next to Wailea Falls Phase 2 in the Stonebridge development. The applicant is Devcon Construction Development and Mr. Brian McMullin is the representative. The zoning is PD (Planned Development Residential). Commissioner Campbell seconded the motion. All voted aye.


B. Consider a preliminary plat request for The Cliffs at Snow Canyon Plat M Lot 206A on 2.04 acres. This is a request to create a subdivision phase with one (1) single-family residential unit and common space. Located at 3052 North Snow Canyon. The applicant is Mr. Newt Andrus and Mr. Ryan Cowley is the representative. The zoning is PD (Planned Development Residential). Case No. 2007PP-012

Planner John Willis said this plat request is to create a one single family lot and common space. This is one lot that was left out of The Cliffs of Snow Canyon. The total acreage is 0.63.

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City Assistant Engineer Jay Sandberg said this plat has been on the docket for a long time. It was originally not approved because of the drainage and hillside issues. This needs to be subject to any future development that they would be able to access through The Cliffs development.

The narrative includes the comment on parcels A and B where the wording on the plat does not mention pad A and B.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval a preliminary plat request for The Cliffs at Snow Canyon Plat M Lot 206A on 0.49 acres. This is a request to create a subdivision phase with one (1) single-family residential unit and common space. Located at 3052 North Snow Canyon. The applicant is Mr. Newt Andrus and Mr. Ryan Cowley is the representative. The zoning is PD (Planned Development Residential), subject to the condition that there is provision for an agreement with the Planned Development in the area to use access in the back of Lot 206A and agreement to the public street to gain access and to infrastructure for the utility access will have to be included. An agreement to provide access. Commissioner Nobis seconded the motion. All voted aye.

City Assistant Engineer Jay Sandberg said it was just a clean-up item for Parcel A and Parcel B.

MOTION: Commissioner Taylor recommended approval to include Parcel A and B to revert back to ownership. Commissioner Campbell seconded the motion. All voted aye.


C. Consider a preliminary plat request for The Villages at Twin Lakes Phase 1 on 7.07 acres. This is a request to create a subdivision phase with 47 multiple-family residential units. Located at Twin Lakes Drive and 700 North. The applicant is Twin Lakes A La Mode LCC and Mr. Jason Draper is the representative. The zoning is R-3 (Multiple Family Residential). Case No. 2007-PP-014

Planner John Willis said this area is 7.07 acres located on Twin Lakes Drive and 700 North. The phase density is 6.64 du/ac. John said staff comments are as follows; 1) there exists a 60' easement along the north side of the development that the upper units encroach in, which should be abounded before the final plat is approved, 2) the lots are not in the flood plain; however, some erosion protection will be required along the base of the slope; and 3) 700 North will be connected to the east to 1700 East in Middleton.

Jason Draper the representative said they would like to apply for a zone change for some of the areas zoned Open Space. They will do that in a separate request.


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MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat request for The Villages at Twin Lakes Phase 1 on 7.07 acres. This is a request to create a subdivision phase with 47 multiple-family residential units. Located at Twin Lakes Drive and 700 North. The applicant is Twin Lakes A La Mode LCC and Mr. Jason Draper is the representative. The zoning is R-3 (Multiple Family Residential), subject to staff comments. Commissioner Bracken seconded the motion. All voted aye.


D. Consider a preliminary plat for River Hollow Phase 5 on 1.6 acres. This is a subdivision to create 3 single family residential lots. Located at 2580 East, 1190 South Circle. The applicant is Mr. Skylar Lawrence. The zoning is RE-12.5 (Residential Estate 12,500 square feet minimum lot size). Case No. 2007-PP-015

Planner John Willis presented a visual map of the area. The zone is RE-12.5 and they are proposing 3 lots on 1.6 acres. This subdivision is an extension of River Hollow Phase 4. Portions of the lots are in the erosion hazard boundary so building pads are shown outside the erosion hazard boundary.

Commissioner Taylor talked about the cul-de-sacs that were present in this subdivision.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat for River Hollow Phase 5 on 1.6 acres. This is a subdivision to create 3 single family residential lots. Located at 2580 East, 1190 South Circle. The applicant is Mr. Skylar Lawrence. The zoning is RE-12.5 (Residential Estate 12,500 square feet minimum lot size), subject to staff comments. Commissioner Hullinger seconded the motion. All voted aye.


E. Consider a preliminary plat for Mountain Cove on 0.347 acres. This is a subdivision phase to create one (1) multiple family residential twin home (with 2 units). Located at the intersection of 950 South and 250 West. The applicant and owner is Mr. Jared Lund. The property is zoned R-3 (Multiple Family Residential). Case No. 2007-PP-016

Planner John Willis said this is to create a subdivision phase with 1 twinhome with 2 units. These units are currently being built and the applicant is requesting to subdivide, in order to sell each individually. Note that there is no side yard setback on these units which are provided for in the Zoning Ordinance.



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MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat for Mountain Cove on 0.347 acres. This is a subdivision phase to create one (1) multiple family residential twin home (with 2 units). Located at the intersection of 950 South and 250 West. The applicant and owner is Mr. Jared Lund. The property is zoned R-3 (Multiple Family Residential). Commissioner Bracken seconded the motion. All voted aye.


REDUCED SETBACKS (A)

A. Consider the reduction of the required ten foot (10'-0") minimum rear yard setback and the required ten (10'-0") minimum side yard setback to zero feet (-0'-) on the south, west, and east sides of a proposed garden center and on the north side of a proposed pallet
storage area for the existing Hurst Ben Franklin retail store located at the corner of 200 North and 400 West. The property is zoned C-3 (General Commercial). Case No. 2007-RS-001

Planner Ray Snyder presented this item. Ray pointed out the new location of the garden center and the proposed parking spaces on 200 North. Ray said they have specified to the applicant that they will not be able to park the existing trailers that are currently there. They will just be able to unload the trailer and have no stacking of trucks, trailers, or other related vehicles shall be permitted on 400 West Street.

Staff recommends approval of the reduced setbacks with the suggested related conditions;

1. Only a six foot (6') maximum wall is permitted per code. The wall shown for the pallet storage is eight feet (8') and should be reduced to 6'.
2. Relocate the wall and gate on 400 West back behind the building setback line ( a 6' wall is not permitted in the front setback).
3. The existing one way diagonal (60 degree) parking spaces adjacent to the sidewalk on 200 North are separated by a 25 ft. drive aisle. This aisle may be reduced to approximately 18 ft. (per parking standards chart) to accommodate a small landscape strip. The applicant shall provide a landscape plan and include it in the SPR (Site Plan Review) submittal to staff. The applicant shall sawcut the existing asphalt, create a landscape area to include street trees per ordinance and 50% live plants in the area, and then restripe the parking spaces along 200 North to accommodate an 18 ft. (verify per standard) drive aisle.
4. Install two trees on 200 North Street in front of the proposed garden center.
5. Install two street trees on 400 West in front of the proposed pallet storage area.
6. No stacking of trucks, trailers, or other related vehicles shall be permitted on 400 West Street.


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Commissioner Campbell said this is an addition to the existing building - is it all sprinkled. Greg Mathis representative replied yes it is. Commissioner Campbell asked if the ADA is existing for the new parking area for the garden shop. Greg replied they need to look at that.

Commissioner Nobis asked if there would be a fence separating the two parcels or will there be a cross access agreement. Greg Mathis said the applicant would like to have access agreement.

Assistant City Attorney Joseph Farnsworth said Planning Commission can waive the 10 ft. setback to a zero lot line.

Jason Hurst the applicant asked about the existing ash trees. Planner Ray Snyder said they would need to put in about 4 ft. of greenery around the trees.

MOTION: Commissioner Taylor made a motion to recommend approval for the reduction of the required ten foot (10'-0") minimum rear yard setback and the required ten (10'-0") minimum side yard setback to zero feet (-0'-) on the south, west, and east sides of a proposed garden center and on the north side of a proposed pallet storage area for the existing Hurst Ben Franklin retail store located at the corner of 200 North and 400 West. The property is zoned C-3 (General Commercial), subject to staff comments and following the landscaping and street ordinance requirements of today. After reviewing the recommendation from the Joint Utility Committee stating there are no utilities he finds no need for the setback and allow the reduced setback so the building will appropriately represent the surroundings. Commissioner Bracken seconded the motion. All voted aye.


Chairman Almquist pointed out that it is 5:00 p.m. the time set for public hearings. He understands there are some changes to the public hearings and he asked staff to come up and explain those changes. Community Development Director Bob Nicholson said on Zoning Regulations Items 6A, 6B, and 6C, the legal department has requested that these items be tabled for two weeks so they can have time to study them further.

Chairman Almquist asked if the applicants have agreed to that. Assistant City Attorney Joseph Farnsworth said that the City Attorneys met with the applicant and it was then they were made aware that the items were on the Planning Commission agenda. They had not had time to review any of the ordinances changes. They spoke to the applicant (Linda Kirkpatrick) and they worked out the time on hearing these changes and it was going to be fine for the change in time.

Chairman Almquist said the applicant and representative are here this evening. Does anyone have an opposition to having the representative say something in their defense.


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Jim Raines from Bush & Gudgell said he is actually the applicant not the representative. He has several clients who would like to see this change in the ordinance. Jim said they are very anxious to have this move forward. He said this started when City staff was having a discussion on reducing setbacks and the possibility of changing the standards in those zones to have single-family detached rather than force them to do 4-plexes, townhomes, or condos. The demand seems to be for affordable single-family housing. Jim said they are prepared to proceed. His clients are pushing him to have this heard. He would like Planning Commission to hear this and move forward.

Deputy City Attorney Paula Houston said that Planning Commission could certainly hear it today but her concern is the language is not acceptable the way it is drafted. The Planning Commission is supposed to review the actual language and make the recommendation that the language goes on to City Council. It will be significantly different from what is in this draft. So even if you hear it tonight you will need to hear it again because there will be a major change to it. The change needs to be made before to the language before it can be heard by Planning Commission so you can recommend it to City Council.

Chairman Almquist asked if it could come in two weeks? Deputy City Attorney Paula Houston said yes.

Linda Kirkpatrick with K&K Construction said she is hoping if the City moves forward with these changes that she could ride the coat tails

Chairman Almquist stated that these items 6A, 6B and 6C will be heard in two weeks. Therefore, they will move forward with their public hearing on a zone change.

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

Consider a zone change request from A-1 (Agricultural 40,000 sq. ft. minimum lot size) to PD-COM (Planned Development Commercial). The property contains 2,147,600 sq. ft. (49.302 acres). Located in Little Valley at approximately 1870 East between Ft. Pierce Wash and Horsemans Park. Mr. Bryce Christensen, applicant and Mr. Greg Mathis, representative. Case No. 2007-ZC-020

Community Development Director Bob Nicholson said this is a request for 49 acres and is zoned A-1. The revision to the City flood plains map has made this area smaller. He pointed out the 4-lane road that will be used to obtain access to the new airport and other areas in Little Valley. Bryce Christensen has been operating under a Conditional Use Permit for his gravel business. His Conditional Use Permit has expired. So they have come back with this zone change request for a PD Commercial zone. Bob said the north area they are proposing as a nursery use on 9.22 acres. On the south portion of the land they are proposing neighborhood commercial.
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Bob said historically the Ft. Pierce Wash has been a natural dividing line between the M-1 zone on the west side of the Ft. Pierce Wash and residential/agricultural land on the east of the wash. Due to the location of this property in relation to the wash alignment it is bounded by M-1 on the west and south. On the east the majority of the site is buffered by Horsemans Park. The northerly portion is adjacent to residential zoning. Part of the property is in the 100 year floodway and flood plain.

Bob said the list of uses should be carefully reviewed by the Planning Commission. Many of the uses in the M-1 zone are proposed and may not be appropriate for the east side of the wash. Staff recommends that permanent buildings be outside of the Erosion Hazard Boundary area. Uses compatible with periodic flooding may be allowed within the flood plain area. The uses would be a mixed use of low traffic, low impact businesses, storage uses, and equestrian uses are being proposed.

Bob said the north PD Commercial area (9.2 acres) is proposed to allow nursery type business (trees, landscape rock, plant storage area, etc.). In addition to the nursery-related uses there are also various neighborhood commercial type uses which are proposed for the northern area.

The south PD Commercial area (30.8 acres) has an extensive list of proposed uses of both a general commercial and manufacturing nature, including contractor shop/storage yard, mini-storage units, truck terminal and similar uses.

Bob stated they mailed the labels out a little late. He said it would be better to table this item and it may be better if they were able to do a field trip with Planning Commission.

Commissioner Taylor said if they would like to continue the excavation for some time then Mr. Christensen would need to apply for an updated Conditional Use Permit. Greg Mathis the representative for the applicant said part of the intended use is for Mr. Christensen to continue with the excavation.

Council Member Bunker said are you aware the number of e-mails City Council receives on the excavation. Greg said they are aware.

Bryce Christensen the applicant stated he has seen a great amount of changes where his property is located.

MOTION: Commissioner Bracken made a motion to recommend to City Council approval of a zone change request from A-1 (Agricultural 40,000 sq. ft. minimum lot size) to PD-COM (Planned Development Commercial). The property contains 2,147,600 sq. ft. (49.302 acres).


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MOTION: (continued) Located in Little Valley at approximately 1870 East between Ft. Pierce Wash and Horsemans Park. Mr. Bryce Christensen, applicant and Mr. Greg Mathis, representative, subject to staff comments. Commissioner Hullinger seconded the motion.


DISCUSSION ON MOTION
Community Development Director Bob Nicholson asked about the uses and he would like to have some direction on them from Planning Commission.

Commissioner Taylor said he has marked about 3 or 4 of them and he felt those uses would cause some type of pollution and noise. Bob said Planning Commission could make suggestions on some of those uses. If this gets approved then the uses become approved uses. Commissioner Taylor said there are some uses that concern him. Greg said they could talk about the uses and scrap some of them. But they would have to keep sand and gravel extraction.

Planning Commission stated some of the uses they would like to see extracted from the list and some of the uses revised;

Animal boarding facility, small (remove the word large)
Animal hospital, small (remove the word large)
Equestrian Stables (add buffer back 300' from east boundary line)
Machine Shop (indoors only)
Metal Fabrication Shop (indoors only)
RV Storage (add 300' back from the frontage)
Sand and Gravel extraction (with current constrictions)
Sign Manufacturing or Sign Painting (indoor only with interior painting only and with filtering and an approved booth)
Welding shop (have similar additions as Sign Painting)

Remove from the list;

Foundry, lightweight casting, nonferrous without causing noxious odors or fumes
Rubber welding
Sheet metal shop and retinning, provided all operations take place in enclosed building
Tire recapping and retreading

Chairman Almquist stated the use list has just been modified will the Commissioners accept that into the motion.



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MOTION: (continued) Commissioner Bracken accepted the revised use list into his motion. Commissioner Hullinger seconded the revised motion. All voted aye.


B. Consider the reduction of the required ten foot (10') minimum side yard setback to a zero foot (-0'-) side yard setback. The property is located on Sunset Blvd. (near Sunset Corners Commercial). The project is Horizon Plaza Phase 2. The applicant and owner is Mr. Bill Frazier. The property is zoned C-3 (General Commercial). Case No. 2007-FS-002

Planner Ray Snyder pointed out the aerial view of the subject site. Staff will have to have a site plan review for plan check. Ray pointed out that the design of the proposed building will be complemented of the existing building of Kwals. Ray said the building will not be over the existing storm drain that is currently there. Staff recommends approval.

Commissioner Campbell mentioned that this has an existing neighbor what if that person comes in and ask for -0- lot line down in the future. Then they would have two existing buildings next to each other.

Mrs. Barbara Frazier said the existing Kwals building received a -0- lot line and this new building will line up with the existing building. Barbara said this will be meeting the design of the existing building.

Commissioner Taylor said they already have a large building that has a -0- lot line - in his mind the -0- lot line on the newer building would be less of an impact due to the size of the new building.

Community Development Director Bob Nicholson said it was better to put the buildings together instead of having a little area that would be catching weeds.

Commissioner Campbell is concerned about setting a -0- lot line. He feels they need to prove that it is necessary to acquire this -0- lot line.

Bob said the ordinance has the 10 ft. setback because of utilities. The Joint Utilities Committee indicates they would be fine asking for -0- lot line.

Senior Project Engineer Cathy Hasfurther said staff cant let them push the building any further back because there is a wash area there. Staff will need to get to that area to clean it out and do repairs.



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Chairman Almquist said the roof line water cannot go on the adjacent property owners.

MOTION: Commissioner Campbell made a motion to recommend approval for the reduction of the required ten foot (10') minimum side yard setback to a zero foot (-0'-) side yard setback. The property is located on Sunset Blvd. (near Sunset Corners Commercial). The project is Horizon Plaza Phase 2. The property is zoned C-3 (General Commercial). The motion shall include incorporating staff comments and the building is pulled back from the property line a necessary distance to make sure that roof rain water and gutters and down spouts do not protrude on the adjacent property. Any site improvements on the north and south parking lot that they are taken care of on their own property by City ordinance. Commissioner Taylor seconded the motion.

Commissioner Bracken said if they could prove they can take the drainage and have it clear the -0- lot line they could do that. Commissioner Campbell said not with that design.

Commissioner Campbell added footings to his motion. Commissioner Taylor accepted that into 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 requested maximum number of children would be 16. A City business license is required and a State license. The applicants are Mrs. and Mr. Nordenstrom who propose to operate a Monday thru Friday from 7:00 a.m. to 7:00 p.m. Two adults are proposed to be in the home anytime more than 8 children are present. The zoning is RE-20 (Residential Estate 20,000 sq. ft. minimum). The property is located at 2497 East, 2220 South. Case No. 2007-CUP-017

City Planner Ray Snyder presented the Conditional Use Permit request for a Child Day Care center. They would like to call the business ABC Child Care. Ray said the home is located in an RE zone. The Residential Estate zone does not list Child Nursery as a use. However in Section 10-7A-3 does state...Any use similar to the above and judged by the Planning Commission to be in character and intent of this zone. This zone is similar to and R-1 (single-family) zone which does list child nursery

Staff has not received any opposition to this request. If the Planning Commission recommends approval, staff suggests the following conditions;



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1. Based upon other child day care conditional uses approved by the Planning Commission staff recommends a maximum of 12 children only.
2. 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.
3. The applicants shall work with the neighborhood to mitigate any drop off and pick up issues.

Chat Nordenstrom said this area is zoned for animals and they are on an acre. They just were approved by the Fire Department and they also approved them for 16 children. He explained why they were asking for sixteen children instead of 12.

Commissioner Campbell asked if the pool gate closes. Chat replied the gate is a special material. There are no springs on the gate so it can spring closed. He explained that the whole fencing would have to be removed in order to use the pool.

Commissioner Campbell asked how will they organize the street traffic? Chat replied he will meet the children and they could take about five to six cars. Most of their clientele will be people in his neighborhood. Chat said they could fit about 4 or 5 cars along the street parking.

Assistant City Attorney Joseph Farnsworth spoke on the uses for this zone. The use for a Day Care is not one of the uses listed for this zone. After speaking to Deputy City Attorney Paula Houston she said it would require an amendment to the ordinance to allow this use in the future.

MOTION: Commissioner Taylor 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 requested maximum number of children would be 16. A City business license is required and a State license. The applicants are Mrs. and Mr. Nordenstrom who propose to operate a Monday thru Friday from 7:00 a.m. to 7:00 p.m. Two adults are proposed to be in the home anytime more than 8 children are present. The zoning is RE-20 (Residential Estate 20,000 sq. ft. minimum). The property is located at 2497 East, 2220 South, to approve subject to the day care for 16 children and subject to staff comments and the clarification for RE-20 to include Day Care as a conditional use. This will be subject to the passing of the ordinance. Commissioner Bracken seconded the motion. All voted aye.

DISCUSSION ON THE MOTION
Commissioner Taylor asked how can this be implemented or do they have to wait for the amendment for the passing of the ordinance. City Planner Ray Snyder said they can operate with 8 children right now. Chat said it is important to them to be approved for the 16 due to a financial situation.



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Chairman Almquist said they rely on staff to come to Planning Commission prepared for them. He does not see why the applicant should be penalized and be the motivator in getting this fixed.
Commissioner Taylor asked legal if they could allow the applicant to operate without the code being amended just yet. Assistant City Attorney Joseph Farnsworth said they could work under a home operation license.

MOTION (revised): Commissioner Taylor said he would amend his motion to allow this day care to operate with 16 children under a home occupation and have the amendment to the ordinance move forward. Commissioner Bracken accepted that into the motion. Chairman Almquist said all in favor say aye. All voted aye.


Chairman Almquist was excused and Commissioner Bracken filled the position of Chairman in his absence.

B. Consider a request for a conditional use permit to establish and operate a Car Wash. The property is located at the southwest corner of Ft. Pierce and River Road. The property is in the C-1 (Neighborhood Convenience Commercial) zone. Mr. Jeff Morby, applicant. Case No. 2007-CUP-018

City Planner Ray Snyder said this request is to operate a car wash in a C-1. This use was approved on September 20, 2007 by City Council. Now the applicant is before you for a Conditional Use Permit to establish and operate a Car Wash. Staff recommends approval with conditions and findings as determined by the Planning Commission.

Commissioner Campbell asked if the City traffic engineer has looked at these access points. Ray replied if this is approved tonight then the next step would be to do a site plan review and that is when they look at the traffic at that point in time.

Commissioner Taylor is concerned about the traffic and the access on River Road.

Larry Blake is one of the owners of the property. Larry said when City Traffic Engineer Aron Baker approached them when the City was widening River Road, they asked if they could push the access as far as they could. Part of the agreement is they would not access Ft. Pierce. Those are the two things they came up with when they spoke to Aron Baker. They came into an agreement with the City when they asked us to widen River Road. He does not know how they will use the property without an access there.




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Commissioner Taylor said he would like to see a no left turn onto River Road. Larry said he could do that.

Commissioner Nobis said if they would put in a triangle area so they could not cross left. Larry said that may be better than a sign.

Commissioner Campbell asked what is the distance from the main intersection to the east dryer edge? Larry said he did not know.

Commissioner Campbell asked about the noise of the dryer. Larry replied they put that on the north side next to the intersection. The sound would be to the east and west. Commissioner Campbell asked what are the materials used in the bays and are they durable materials. Larry said they will use the state of the art materials so it can withstand the daily use of the car wash.

Jeff Morby the applicant said the interior would be vinyl surface and it holds up better. The rendering you are viewing is what they want.

Commissioner Campbell asked about the cut through on 1400 South and River Road. He is worried that traffic will cut through the bays to gain access on another street. He feels there should be something there to stop the traffic from doing that. Would they agree to some sort of speed bumps there? Jeff and Larry said they would.

Commissioner Campbell suggested to beef up the density of landscaping next to the residential units.

Mike Conley a nearby resident is concerned about the traffic and the noise. He asked the Planning Commissioners to look into this and have a few more studies.

Larry said the lighting they would not want to turn them completely off but if they run the units from 7:00 a.m. to 10:00 p.m. He believes the gas station across the street stays open from 6:00 a.m. till 11:00 p.m.

Larry said on the lighting they would direct the lighting away from the townhomes to the south. Commissioner Campbell asked if they would be open to having the lights being downward. Larry said he doesnt have a problem with that. Larry said the major lighting could be set on a timer to shut down after 10:00 p.m.

Commissioner Nobis said there are 19 residential units out there and most of them are elderly. Commissioner Campbell asked if they could move the vacuum to the landscape areas away from the residential areas. Larry said they could move the vacuum system away as much as possible.

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October 9, 2007
Page Sixteen


MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a conditional use permit to establish and operate a Car Wash. The property is located at the southwest corner of Ft. Pierce and River Road. The property is in the C-1 (Neighborhood Convenience Commercial) zone subject to the following: 1) for traffic calming that they provide traffic speed bumps right adjacent to the end of the building which would be the south end, in order to slow down traffic that may want to cut through on the east/west section, 2) landscaping buffer between this property and the adjacent neighbors on the south, specifically the canopy of the trees be provided above the top of the block fence, 3) the exit out on River Road is a right in and right out only, 4) that hours of operation 7 am to 10 pm, 5) that the lighting is night sky friendly lighting, specially no light that has a horizontal throw down to it in the building or in the bays, 6) that the vacuums be clustered along the intersection of River Road and Ft. Pierce and 7) the block wall meets City ordinances for 6 ft. high and 8) inside bays be vinyl or type of and staff comments. Commissioner Taylor seconded the motion. All voted aye.


DISCUSSION

A discussion on Planning Commission meeting starting times.

There was a discussion between staff and Planning Commission in changing the starting time from 4:00 p.m. to 5:00 p.m. This item will be reheard at the next Planning Commission meeting in two weeks.

MINUTES

Consider approval of the Planning Commission minutes for July 10, 2007.

MOTION: Commissioner Nobis approved the minutes for July 10, 2007. Commissioner Campbell seconded that. All voted aye.


Meeting adjourned at 8:00 p.m.