Planning Commission

Tuesday, December 11,2007
Minutes



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
December 11, 2007 - 4:00 p.m.

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

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

EXCUSED: Commissioner Julie Hullinger
Commissioner Kim Campbell
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 ITEM - AMENDED FINAL PLAT

Consider approval of a final plat for Snowfield Estates Amended. This is for 59 lot residential subdivision on 18.33 acres. Located at Valley View and 100 South. Mr. Shad Hall, representative. The zoning is R-1-10 and R-2. Case No. 2007-FPA-056

City Project Manager Todd Jacobson said the purpose of this amended plat is to divide lots 29-36 and 38-44 from duplex lots into twin home lots. Fielding Drive was changed to Jeter Drive and Jaycee Drive. No other changes were made. Staff recommends approval.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a final plat for Snowfield Estates Amended. This is for 59 lot residential subdivision on 18.33 acres. Located at Valley View and 100 South. Mr. Shad Hall, representative. The zoning is R-1-10 and R-2. Commissioner Nobis seconded the motion. All voted aye.



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CONDITIONAL USE PERMIT

Consider a request for a conditional use permit to establish and operate a Child Day Care. The requested maximum number of children would be 16. A City business license is required and also a State license. Mr. and Mrs. Nordenstrom are the owners and propose to operate Monday through Friday from 7:00 a.m. to 7:00 p.m. Two adults would be on-site when more than 8 children are present. The zoning is RE-20 (Residential Estate 20,0000 sq. ft. minimum). The property is located at 2497 East 2220 South (in Crimson Cliffs), St. George, Utah . Case No. 2007-CUP-017

Planner Ray Snyder stated that this request was tabled until the related zoning regulation amendment was approved by City Council on November 15, 2007. The maximum number of children are 16. They will operate 7:00 to 7:00 Monday through Friday. Staff has not received any opposition to this request. Staff recommends approval, staff suggests the following conditions;

1. A maximum of 16 children only.
2. A final fire inspection shall 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.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a conditional use permit to establish and operate a Child Day Care. The requested maximum number of children would be 16. A City business license is required and also a State license. Mr. and Mrs. Nordenstrom are the owners and propose to operate Monday through Friday from 7:00 a.m. to 7:00 p.m. Two adults would be on-site when more than 8 children are present. The zoning is RE-20 (Residential Estate 20,0000 sq. ft. minimum). The property is located at 2497 East 2220 South (in Crimson Cliffs), St. George, Utah . Commissioner Nobis seconded the motion. All voted aye.


BUILDING DESIGN CONCEPTUAL SITE PLAN: JUBILEE HOME

Consider a building design and conceptual site plan (BDCSP) to construct a two (2) story building. The total building size would be approximately 11,700 sq. ft. and would have thirteen (13) rooms. The building would serve as an auxiliary to the adjacent hospital to accommodate temporary living quarters for families that have a hospitalized family member. This building would be Phase I of a proposed two phase project. The proposed project name is Jubilee Home. The owner is IHC. The representative is Mr. Paul Blackmore and the site is located at 1470 East Medical Center Drive. The zoning is PD-COM (Planned Development -Commercial). Case No. 2007-BDCSP-005

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Planner Ray Snyder said the applicant is requesting to build a 2-story building to serve as an auxiliary to the adjacent hospital to accommodate temporary living quarters for families that have a hospitalized family member. This building would be Phase 1 of a proposed two phase project. The facility would typically operate twenty-four hours a day seven days a week. The facility is to accommodate temporary living quarters for families which have a hospitalized family member.

Staff comments are as follows;

1. The building colors and materials shall be per December 11, 2007 submittal to Planning Commission.
2. The building is approved with a maximum peak height to the top of the parapet of 31.25 ft. The proposed height shall not exceed 35 ft. The average roof height shall be approximately twenty-eight ft. (28').
3. Parking shall be demonstrated to meet the zoning ordinance requirements during the site plan review process. Parking spaces shall be 9' x 18' in size with 25' wide drive aisles minimum. Parking after UDOT widening shall meet site requirements.
4. A Site Plan Review application along with 4 sets of plans shall be submitted to the Development Services Dept. For standard plan check review.
a. Screen all HVAC equipment from view.
b. Provide a photometric plan.
i. Pole lighting shall be of a dark sky style with no lens protruding below the side perimeter of the fixture.
ii. The light levels are to be verified by a light meter prior to occupancy.
5. Signage shall be under separate permit.

Traffic Conditions
1. Meet the requirements of the City Traffic Engineer.
2. Meet the requirements of the State of Utah Department of Transportation.
3. All signing and striping shall conform to the City of St. George and MUTCD standards.

Greg Mathis said this home will be the charitable home for the hospital.

Paul Blackmore said they needed to have 43 parking spaces and they are showing 43 parking spaces.

Kerry Hepworth, Dixie Regional Medical Center said the second addition will match phase 1. They want it to look and act like a home. She will guarantee Phase 2 will match Phase 1.

Assistant City Attorney Joseph Farnsworth said it would be something that is required to be specified in the PD text.

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Chairman Almquist suggested they stay in the footprint that is presented here tonight and if they dont then they would have to come back to Planning Commission.

Assistant City Attorney Joseph Farnsworth said this is designed for temporary residents and he pointed out that time frame that a guest may stay is less than 30 days.

Kerry said the familys stay is less than 1 week. But it is very much temporary.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a building design and conceptual site plan (BDCSP) to construct a two (2) story building. The total building size would be approximately 11,700 sq. ft. and would have thirteen (13) rooms. The building would serve as an auxiliary to the adjacent hospital to accommodate temporary living quarters for families that have a hospitalized family member. This building would be Phase I of a proposed two phase project. The proposed project name is Jubilee Home. The owner is IHC. The representative is Mr. Paul Blackmore and the site is located at 1470 East Medical Center Drive. The zoning is PD-COM (Planned Development -Commercial) and approve Phase 2 and follow the same footprint as Phase 1 and include staff comments. Commissioner Bracken seconded the motion. All voted aye.


LOT SPLIT

Consider a lot split request to divide one parcel into two for property located at 160 West Circle. The proposed lot split would result in Parcel No. 1 being 3.2 acres and Parcel 2 being 2.8 acres. The property is zoned R-1-18 (Single Family Residential 8,000 sq. ft. minimum lot size). The owner is Mr. Kirk Willey. Case No. 2007-LS-001

Planner John Willis said this is a request to split one parcel into two parcels. Parcel 1 being 139,590 sq. ft. (3.205 acres) and Parcel 2 being 123,295 sq. ft. (2.830 acres). John said this property is not within a recorded subdivision. Public Utility Easements are required around both created parcels, which would run along the property lines.

John said staff recommends the following conditions be applied;

1. Provide separate deeds for each created parcel.
2. In addition to the legal descriptions that appear on the Record of Survey.
3. A utilities and drainage easement shall be completed, notarized, and recorded on each parcel.
4. All drainage must be contained on site and directed to the street. Mitigation of the drainage will need to address at the bottom of the drive, to eliminate encroachment onto the neighbors property. This improvement must be shown on the grading plan.
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5. The applicant shall submit for review all legal documents to the Citys Attorney Office.
6. A building envelope is proposed and no hillside is being disturbed. The building should be completely encompassed on the building pad, with no projections over the hillside or pad.
7. A 25' easement is being shown on the plan; at least an 18' asphalt drive is required with the easement.
8. A grading plan shall be submitted to Development Services prior to any permits being issued.
9. All construction shall conform to the Geotechnical Report dated April 17, 2007, which requires the residence to be placed on piers.
10. Staff has requested that AGEC address rock fall hazards on the site. No updated geotechnical report has been provided to staff when this report was written.

Council Member Bunker asked about the drainage. John said they would have to submit a drainage plan. So that would be part of what would be reviewed by staff.

Kirk Willey the applicant said the main point is that home will be very attractive and nicely landscaped. He handed John Willis a geotechnical report. Kirk spoke on the report. He said they put in some retaining ponds along the bluff.

Assistant City Attorney Joseph Farnsworth said one of the requirements is to have the water from a lot drain onto the public street. In this situation the public street is at the bottom of the private road so they need to make sure that is where the water will drain to.

Mr. Watson a nearby resident spoke on Mr. Walters home and how when it is raining there is about 4 inches of water and mud that ends up in their yard. He feels there should be some good planning if he is going to build a home up on that cliff area.

Commissioner Taylor asked if the drainage problem has been created by manmade or by the natural cause?

Senior Project Engineer Cathy Hasfurther said they can submit a natural hazardous plan. She said they will need to hire an engineer to figure this out. Cathy said there are some things that can be done to improve it but she will need to study the geotechnical report.

Curtis Rider spoke on the last two rain storms regarding the mud that came down into the Walters yard. He believes that once the applicant puts a home on that lot, the home could be in danger from the rock slides. He spoke on the construction of a new roof that was put on the existing home and how the trucks became stuck in the driveway.

John said the applicant will need to go by the AGEC requirements.

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MOTION: Commissioner Nobis made a motion a to recommend to City Council approval of a lot split request to divide one parcel into two for property located at 160 West Circle. The proposed lot split would result in Parcel No. 1 being 3.2 acres and Parcel 2 being 2.8 acres. The property is zoned R-1-18 (Single Family Residential 8,000 sq. ft. minimum lot size) and along with two additional conceptual drainage plans and mitigate the drainage. Commissioner Bracken seconded the motion. All voted aye.


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

A. Consider a zone change request from PD-RES (Planned Development-Residential) to M-1 (Industrial) on 2 acres located at 3657 South River Road. The applicant is Sun Roc. Case No. 2007-ZC-029

Planner Ray Snyder said Planning Commission has seen this project before. It was discovered that the zone was not compatible and a zone change was required. They would like to obtain M-1 (Manufacturing) zone rather than the PD-RES (Planned Development - Residential) which is part of the Fossil Hills Master Plan.

Ray said it is proposed to construct a paved area for additional block plant product storage space. The property is located off River Road behind the existing block plant on approximately 2 acres. Staff recommends approval with conditions;

1. Approval is recommended to the City Council for the PD-RES to M-1 zone change.
2. Comply with previous established hillside conditions.
3. A Site Plan Review application shall be submitted to Development Services for processing. It shall include a site plan, grading plan, cross sections, erosion control plan, and other details as deemed applicable by staff.

Dan Clark with SunRoc said the trails are block so no one will use those trails.

MOTION: Commissioner Taylor made motion to recommend to City Council approval of a zone change request from PD-RES (Planned Development-Residential) to M-1 (Industrial) on 2 acres located at 3657 South River Road and include staff comments. The applicant is Sun Roc. Commissioner Nobis seconded the motion. All voted aye.






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B. Consider a zone change request from A-1 (Agricultural) to PD (Planned Development) on 3.0 acres located at 2172 West 1800 North. The applicant is Mr. Rod Orton. Case No. 2007-ZC-026

Community Development Director Bob Nicholson said there are 3 one-acre lots on the west side of Tuweap Drive. The current zoning is A-1. Mr. Rod Orton has a hobby hut on the property. The proposal is to sell spaces ranging from 2,000 sq. ft. to 6,000 sq. ft. for persons to conduct personal hobbies. Bob explained the design standards. A plat would have to be processed (because they would be sold for individual use).

Bob said they would like to request zoning this parcel PD. Commissioner Bracken asked if there is a just a PD zone. Bob said staff checked with the Citys Legal Dept. and the City does have such a zone. Staff doesnt want to zone the parcel PD-COM and it cant be PD-Residential. So it will be zoned just PD (Planned Development).

Assistant City Attorney Joseph Farnsworth said that the restrictions on this zone are that there will be no residential (no one could live there) and no activities will be allowed in this zone that would require a business license. There was a discussion on the landscaping requirements.

Assistant City Attorney Joseph Farnsworth said they would have to comply with PD-Commercial landscape requirements. Commissioner Bracken asked how can you use the PD-Commercial requirements if it cant be zoned PD-COM. Commissioner Bracken feels they are trying to apply something that doesnt apply.

Bob said they wouldnt want to imply that the HOA would be the enforcer. The property will need to be maintain by HOA but the City will be the enforcer.

Greg Mathis representing the applicant. He spoke to Rod Orton and they talked about residents of St. George who have hobbies and he then made the suggestion of being able to sell a portion of his garage and land so the residents could have a place to do their hobbies. Rod will remove the horses all together. This is a different concept.

Commissioner Taylor said there is a proposal of a kitchenette and a bathroom in each facility. He feels this would be an area where they could possible be living there. He could see this becoming a real problem for Code Enforcement.

Greg Mathis said he can see that. He would like to talk to City staff and legal more on having the HOA taking more responsibility. He said the kitchenette is for someone to keep their refreshments and spend a day doing their hobbies. Commissioner Taylor is worried not about this generation but future generations and what their use would become.

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Marty Ferdel a neighbor said he feels comfortable with the zone. He asked if it would be a solid fence. Greg said yes, with security gates. Marty said could they eventually end up being storage units, if so, would the fence be high enough for RVs to be parked there. Greg said the units will be high enough to put an RV inside. Greg said if they are turned into storage units they would need to come back to this board and change the zoning on that.

Commissioner Taylor made a motion to have this come back with a resolution regarding the kitchenette and bathroom in each unit. He thinks this is too tempting for future owners. He feels this will imposes a burden on Code Enforcement. Even though they say there will be CC&Rs that will be restrictive. The City does not want to get involved enforcing CC&Rs. He would be concerned if he was a nearby neighbor. He would like to see them come back to resolve the issue of the kitchenette and bathroom.

Chairman Almquist said this motion would have to be unanimous because the Planning Commission board has only 4 members present for a vote.

Greg Mathis said in reference to the restrooms and kitchenette, he is not sure with this type of use that something will have to be provided on-site for at least restrooms. He felt it was not realistic to say to the owners you cannot have a little refrigerator with sodas in it and a little sink for a wash up area.

Commissioner Taylor said putting a restroom and kitchenette in each unit make it attractive for people. He felt a central area for a restroom use and a place to get drinks would met the needs of the people. Greg said he would have to explore that with the Ortons family.

Commissioner Bracken said the City doesnt normally enforce CC&Rs? Assistant City Attorney Joseph Farnsworth replied that is correct. He said one thing he would like to point out that there is a provision in the code for guest house standards that are really specific and that might be something similar that could be adopted here for this request.

Community Development Director Bob Nicholson said because it is a PD zone there are other conditions imposed because of standards for the zone. Bob said this is a highly unusually request. But again he would like to point out that this will not be used for any commercial use.

Assistant City Attorney Joseph Farnsworth said the only difference between PD-RES and PD-COM is their lot size, setbacks, landscaping, parking, signs, etc. Each PD zone does have it own specific guidelines as outlined in individual PD texts..



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Commissioner Taylor said are there any PD zones where they required conditions that need to be constantly enforce. Bob said probably not.

Chairman Almquist asked how many units? Greg said there will be 18 units.

Assistant City Attorney Joseph Farnsworth said Chapter 10, Section 10-14-23G talks about casita or guest house requirements. One of the requirements for those casitas shall be no kitchen or cooking facilities in the units. A microwave, 12" sink and 7.75 cu ft refrigerator are allowed in a casita. This is something that they may want to looked at here.

Chairman Almquist asked for a motion.

MOTION: Commissioner Nobis made a motion to deny the zone change request. Commissioner Bracken seconded the motion. Chairman Almquist voted nay. Commissioner Taylor voted aye. The motion dies.

2nd MOTION: Chairman Almquist made a motion to table. Dies to lack of second. Motion fails.

Greg Mathis asked as a representative to the applicant can he ask to have it tabled. He would request they table this so they can explore what else can be done there.

3rd MOTION: Commissioner Taylor made a motion to table the item. Commissioner Nobis seconded that. Commissioner Bracken voted nay. Chairman Almquist voted aye. The motion dies.

Bob Nicholson said basically there is no action so staff would allow the applicant to come back in the near future.


LANDSCAPE ORDINANCE

A discussion with staff of proposed changes to the previously tabled zoning regulation amendment to create Chapter 25 Landscape Standards and Guideline and to amend several sections of the existing St. George City Code which pertain to Landscpaing.

Community Development Director Bob Nicholson said this is a discussion item. The landscape ordinance has been in process for quite a while. The last time Planning Commission saw this it was 25 pages. Today the ordinance has been cut down to 6-1/2 pages and the first 3 pages are definitions.
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Larry Shane is present and works for the Parks Department and he is the principal person who has drafted this. Bob pointed out the Landscape Area Requirements. He said this ordinance mainly effects the commercial zone requirements.

Bob pointed out in the C-1 through C-4 zones requires 5% of the private lot area shall be landscape. They are proposing instead of doing it as a percentage of the lot it would be 15' wide strip along the street frontage. With the only exception being in the C-4 zone because the C-4 zone is in the Central Downtown Commercial where the City encourages the businesses to build to the property line.

Planner John Willis did a survey of other Cities landscaping ordinances. They found that it is mostly being required in the front setback. Except for a parking lot which would require 5% of the parking area be landscaped. The next step would be to put this on the agenda for a public hearing.

Commissioner Nobis said he likes the direction it is coming. He said maybe they should say that the side yard should meet 15 ft. also.

Commissioner Taylor said he likes the request for a 15 ft. strip it gives the City some consistency. Commissioner Taylor spoke on the written text on page 4, Section 10-25-3, Para A. Bob said that does need to be rewritten. The intent is to say that these requirements apply to any new construction.

No motion is needed on this item.

MINUTES

Consider approval of the Planning Commission minutes for August 28, 2007 , September 25, 2007 and October 9, 2007.

MOTION: Commissioner Bracken made a motion to approve August 28, 2007 and September 25, 2007 minutes with minor corrections to be made. Commissioner Taylor seconded the motion. All voted aye.

MOTION: Commissioner Nobis made a motion to approve October 9, 2007 minutes with minor corrections to be made. Commissioner Bracken seconded the motion. All voted aye.