Planning Commission Minutes

Tuesday, February 12,2008



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
February 12, 2008 4:00 p.m.


PRESENT: Acting Chairman Ron Bracken
Council Member Gloria Shakespeare
Commissioner Kim Campbell
Commissioner Ross Taylor
Commissioner Mike Nobis
Commissioner Chapin Burks
Commissioner Ron Read

EXCUSED: Commissioner Julie Hullinger

CITY STAFF: Community Development Director Bob Nicholson
Assistant City Attorney Joseph Farnsworth
Planner Ray Snyder
Planner John Willis
Engineer Jay Sandberg
Deputy City Recorder Linda Brooks


CALL TO ORDER
Acting Chairman Bracken called the meeting to order and welcomed those in attendance. Acting Chairman Bracken led the flag salute.

CONSENT ITEMS FINAL PLATS

A. Consider approval of a final plat for Mall Drive Road Dedication. This is for a road dedication plat located at the intersection of Mall Drive and Riverside Drive. Mr. Reid Pope, representative. Case No. 2008-FP-010

B. Consider approval of a final plat for Morningside Drive and Riverside Drive Roadway Dedication. This is for a road dedication plat located at approximately 700 East and Riverside Drive. This is for the relocated Heritage school. Mr. Shad Hall, representative. Case No. 2008-FP-003

C. Consider approval of a final plat for The Residences at Green Valley Town Homes Phase 1. This is for a four (4) unit townhome subdivision plat located at approximately 1100 South and 2000 West. Mr. Reid Pope, representative. Case No. 2008-FP-004

D. Consider approval of a final plat for Vista Del Cielo. This is for a four (4) lot residential subdivision plat located at approximately 1450 South and 2630 East. This plat was previously approved, but expired after 18 months. Mr. Jim Raines, representative. Case No. 2006-FP-056
City Project Manager Todd Jacobsen said the final plats can be taken as one motion. Todd read the final plats into record.

Commissioner Read said on Item A is there a reason they did not get the dedication prior to the Maverick going in because it looks like they may be losing some space in the deceleration lane. He said the language on the roadway needs to be removed from the plat. Assistant City Attorney Joseph Farnsworth said they will make sure that it is taken out.

Acting Chairperson Bracken asked about Item D. The Planning Commission report states that this expired after 18 months. Assistant City Attorney Joseph Farnsworth said if a final plat is not recorded in the County Recorders office within a year of City Council approval then the plat expires. However, the Community Development Director may agree to a one-time extension of 6 months. In this case the applicant did not request an extension. So they came forward and submitted their final plat for approval again.

Commissioner Read said the note on the plat regarding the landscaping maybe it should state the trees cannot be removed without Citys approval. Staff said that is something that can be looked at.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of the final plats A-D read into record and authorize Chairman to sign with the conditions stated by Commissioner Read. Commissioner Read seconded the motion. All voted aye.

DETERMINE USE

Determine whether an indoor family entertainment center using giant slides, bounce houses, obstacles courses, and party rooms is similar to and in harmony with a recreational enterprise use which is a conditional use in the M-2 industrial zone; Section 10-11-2 Uses. Mr. Mike Tippits and Mr. Jared Young, applicants. Case No.2008-DU-001

Planner Ray Snyder said this is an action item for Planning Commission only. He refreshed the Planning Commissioners memory that on March 16, 2006, the City Council considered and approved a zoning regulation amendment to permit recreational enterprise (indoor go-cart track, climbing walls) as a conditional use in the M-2 zone (not permitted in an M-1). Ray introduced the applicants proposed business called Jumping Jacks. This would be operated Monday-Thursday 11am to 8 pm and Friday-Saturday 11 am to 9 pm. A narrative is attached to this report that describes the business. The applicants currently operate this type of business in northern Utah in an industrial area.

Planner Ray Snyder pointed out that the next item on the agenda is a Conditional Use Permit regarding the established use of this business if this item is approved here tonight.

Assistant City Attorney Joseph Farnsworth said in terms of the ordinance your job is to determine if the proposed use is similar to and in harmony with the intent of the zone and the uses listed in Section 10-11-2 of the City Code.

Jared Young, one of the applicants. feels their business is in harmony with recreational enterprise.

Commissioner Taylor asked about a letter that came to staff concerned about parking and safety. Jerry replied they do most of their business during the evening hours due to the fact that is when parents are off from work. Jared said at the current location there are about 50 parking stalls at this site. Jared said they try not to stack the parties so there are not a large number of children there. The majority of the children are of the age 6 through 14.

Commissioner Nobis asked about the business surrounding them. Jared mentioned the other businesses.

MOTION: Commissioner Taylor made a motion to recommend that the business is in harmony and recommend that it is an appropriate use in an M-2 zone. Commissioner Campbell seconded the motion. All voted aye.


CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit to establish and operate an Indoor Family Entertainment Center called Jumping Jacks. The center would have bounce houses, inflatable slides, obstacle courses, and party rooms. Mr. Mike Tippits and Mr. Jared Young are the applicants. The property is located at 314 North 3050 East Suite B1. The zoning is M-2 (Industrial). Case No. 2008-CUP-001

Planner Ray Snyder said the applicant proposes 3 party rooms. Ray presented a slide show of the entertainment uses they will have on-site. Ray said the Citys Fire Chief said the building has sprinklers and they dont seem to be too alarmed about the location. Ray spoke on the parking.

Commissioner Campbell asked about the square footage for the go-cart parking when they were in existence. Ray said he did not use a formula for the parking use. They felt there was enough parking on-site to accommodate this use.

Assistant City Attorney Joseph Farnsworth spoke on the parking requirements for bowling halls and dance facilities which may be similar to the proposed use. He indicated those are some calculations you could consider when it comes to parking for this use.

Commissioner Campbell said this building has 48 parking stalls. He felt that if there are parties there for children who had a driver license then the parking lot would not be sufficient. Jared Young the applicant said you can get 8 kids in one car so you are talking about 1 to 2 cars to bring the children. This use is not geared towards teenagers. Jared said they dont limit the age and the reason they dont is because they have a waiver that needs to be signed by a parent and only an 18 year old can sign the waiver.

Commissioner Read said he is concerned about the traffic in the early hours of business. Jared said they would be open to put in speed bumps if they needed to slow the traffic down.

Commissioner Campbell asked about restrooms. Jared said there are five in the building currently.

City Council Member Gloria Shakespeare asked does the amount of parking that you use infringe on the other business. Jared said he does not believe so. He has met with one business and he felt it would not be a problem.

Commissioner Read asked how many staff members will there be? Jared said about 4-5 members of staff.

Commissioner Burks said what if you were approached for a party with 40 children would you take that request. Jared said they would plan that party after hours so they can have the whole place to themselves.

Jared said the building has 10,000 sq. ft. of warehouse space. They are sitting at a maximum capacity. He said they are talking about 80 people maybe on a Saturday. Jared said the Fire Chief said they would be comfortable with 100-150 maximum.

Commissioner Taylor asked about hazardous materials. Jared said they have people monitoring the use of the facilities. There are rules posted on-site. If there is an issue the employees take care of the issue. On their busier days they would have 3 people walking around for the safety.

Commissioner Campbell asked about the ratio of supervisors with children. Jared said they can safely say 1 supervisor per 20 children.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of the Conditional Use Permit based on the following findings, there is not a concern for noise, dust, odors, or aesthetics. In the area of safety the applicant shall provide appropriate trained supervisors to assist in managing the children on the equipment and insure there are no injuries. The issue of traffic will be migrated in accordance with the Citys Traffic Engineer for any problems that may be incurred in nearby intersections. He has no concerns with height. Hours of operation will be dictated by the owner. The parking issue will have to be aligned in such a manner that it would not impose upon the adjacent tenants of the building. The ratio of supervisors to children shall be less than 1 to 20. The occupancy should be posted and abide by based on the number from the Citys Fire Marshall.

DISCUSSION ON THE MOTION
Commissioner Read felt there was a noise issue due to the children in the parking lot and it is a safety one also. He mentioned to the applicant that he hoped one of his rules would be no loitering out front.

Jared Young said most of the children that will come to this place of entertainment will be small children and accompanied by their parents. They do not have a problem with loitering. If they do have a problem then they will train their supervisors on the procedures to handle it.

Commissioner Read said that the applicant stated he would be amenable to speed bumps. He said right now they are looking for a parking ratio for 1 parking space per 1,000 sq. ft. of building. He feels the only way they can justify this is because of the age of the anticipated occupancy.

Commissioner Taylor said he would add the comments from Commissioner Read into the motion. Commissioner Burks seconded the motion. All voted aye.

Acting Chairman Bracken said because it is now 5:00 p.m. we will hear the public hearing of Item 6 which is the Landscape Ordinance. Then they will return to Item 4A.

ZONING REGULATION AMENDMENT PUBLIC HEARING (5:00 P.M.)

Consider a zoning regulation amendment to include a new Chapter 25 Landscaping Standards and Guidelines and to amend several sections of the St. George City Code, Title 10 Zoning Regulations, specifically those existing sections which pertain to Landscaping; Sections 10-10-5 (E) (Commercial Zones), 10-9-6 (A) (Administrative and Professional Office Zone), 10-8-5 (I) (Planned Development Zone / Residential Development Standards), 10-8-6 (G) (Planned Development Zone / Commercial / Manufacturing Development Standards), 10-8-7 (E) (Mixed Use Development Standards), 10-8A-15 (TND / Traditional Neighborhood District), 10-11-4 (G)(2) (Manufacturing Zones), 10-7C-7 (F) (Multiple family Residential Zones), and 10-13D-9-4 (Airport Influence Area and Overlay Zone).

Community Development Director Bob Nicholson said in the commercial zones there are two different standards for landscaping. In C-1 through C-4 that requirement is 5%. In the PD-Commercial lot it is 25 ft. up along the street. Bob mentioned the hardship provision. On 10-25-4, which states there is a minimum 15 ft. wide strip outside the public right-of-way along the front of the property on public streets and a five foot wide strip along the side of all commercial and AP zoned projects shall be landscaped. Bob said this is the hardship provision.

Bob presented a Commercial Landscape Requirements by City list of other cities that was researched to see what their requirements were for general commercial zones. Bob said the ordinance has been pared down to what it was when it was first started.

Commissioner Campbell asked about the Water Conservatory and their fees. Larry Shane said they met with Water Conservatory and SUMBA as a committee and Water Conservatory said they would consider reducing the fees if this ordinance is strong enough.

Bob said a great amount of PD zones are being reduced from 20 ft. to 15 ft. In the overall big picture it is balancing.

Assistant City Engineer Jay Sandberg said they have met with the Water Conservatory District and they have stressed consistency. They said as soon as the City gets this wrapped up they will review the ordinance.

Gary Campbell spoke on what he is happy to see put into the ordinance. He addressed concerns with the design and construction on the irrigation system in a PUD. He said he is hoping the Planning Commission will approve this document.

James Dobson said he is here to support this document. He feels some issues need to be discussed in more depth. The intent of this was to support and beautify the City. He said there are no State licensed installers. His opinion is that a license professional should be designing a Planned Development project. This takes the burden from the City. He spoke on the irrigation auditor within 30 days following the installation of the irrigation system. He feels that the person that is designing this project should be licensed to also design the irrigation system.

Larry Shane said the auditor is one of the big issues in what the Water Conservatory wanted in there. Larry said what they are trying not to do is put contractors out of business. Larry said they feel the auditor needs to be in the text.

James said by requiring a certificate designer you are requiring landscaper to do more than they can. Larry said they are going by State law. They want to go by State law and not try to reinvent it.

Gary Campbell spoke again. He would like the City to get more involved with this ordinance.

Public Hearing closed.

Bob Nicholson said at some point they need a recommendation to move forward to City Council. If Planning Commission feels it needs more time then they can make it a motion.

Commissioner Campbell felt it needs more discussion. Larry Shane said this has to be moved on, this is the third time it has come to Planning Commission. They have four architect landscapers on staff that reviews all plans. Right now they dont have anything to go by and they have worked on this ordinance for a year.

Assistant City Attorney Joseph Farnsworth said a motion needs to be made to recommend approval or denial to the City Council.

Commissioner Nobis asked about commercial projects on arterial roads. Bob said it would require 15 ft on any public right-of-way. Jay Sandberg said the some projects they have had to deal with are streets on all four sides of the road.

Commissioner Burks asked about four sides of Stephen Wade. Jay said he had to have 20 ft. of landscaping on all four sides.

Commissioner Campbell said on page 14 on Item 6, it talks about landscape and design that is not going to happen. He said the installer can certify it but the designer cannot.

Bob said how about they add the word or contract shall provide the City certification. Would that help? Commissioner Campbell said it should be the person that put it in. He suggested the word be changed to installer.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of the Landscape Ordinance with the following revisions discussed; 1) On page 14 Item C-1 that statement should be restated that the landscaping should be completed for each phase of the subdivision and on Item C-6 that the landscaper, irrigation installer and/or contractor shall provide a certification with approved plans and specifications. Also he would like to recommend that the City work with the Water Conservatory District and talk about getting the fees in line for consumers that are actually conserving water. Commissioner Taylor seconded the motion.

DISCUSSION ON MOTION
Community Development Director Bob Nicholson said in the current draft it stated that the parking lots with 15 or more spaces should have 5% of landscaping in the lot. But staff feels it should be changed to 30%.

Commissioner Campbell and Commissioner Taylor accepted that recommendation into the motion. All voted aye.

B. Consider a request for a conditional use permit to construct a detached accessory garage and hobby shop that would exceed the allowable height of fifteen feet (15-0) up to a proposed height of eighteen feet six inches (18-6). The subject property is located in the Pheasant Run subdivision. The address is 1287 West Bloomington Drive South # 5. The zoning is PD-RES (Planned Development Residential). The applicants are Mr. and Mrs. Crawford. Case No. 2008-CUP-003

Planner Ray Snyder said this is a request to exceed the allowable height of fifteen feet for a detached accessory garage and hobby shop. Ray said this is a PD zone with private streets in the subdivision. Ray said the applicants representative has been informed that the proposed building shall not encroach into the side or rear setback and must meet the minimum distance from primary residence per code. At the time of submittal the site plan does not conform, but a revised site plan is to be provided by the Planning Commission meeting.

Ray said staff recommends approval with conditions prohibiting the addition of any future fixtures constituting a second dwelling unit. The applicant has not indicated a second floor level or any fixtures, however staff requests that it be clarified the applicant is not allowed to install either per code.

Assistant City Attorney Joseph Farnsworth said the legal definition is that it is an accessory building. Based on the definition for accessory building you could have a shed, workshop or gazebo.

Tad Porter general contractor said the opposition letters came from residents who live down the lane from the applicant. Commissioner Campbell asked if the applicants activities would create noise for the neighborhood. The applicant would be creating just normal workshop duties.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a conditional use permit to construct a detached accessory garage and hobby shop that would exceed the allowable height of fifteen feet (15-0) up to a proposed height of eighteen feet six inches (18-6). The subject property is located in the Pheasant Run subdivision. The address is 1287 West Bloomington Drive South # 5. stating that the applicant agrees that there will be no noise from the shop area, such as, woodworking equipment, metal equipment. He states that items A-K are satisfied. Comments from the HOA should be incorporated into the building also. Commissioner Campbell would like to add to his motion that any noise would be migrated by the Citys Noise Ordinance. Commissioner Nobis seconded the motion. All voted aye.

C. Consider a request for a conditional use permit to establish and operate a Pre School. The requested maximum number of children would be 12. A City business license is required but a state license is not (if the sessions do not exceed 2 hours). The applicant is Mrs. Sarah Kerr who proposes to initially operate two days a week (mornings Tuesday & Thursday). Also requested is a provision for a future three-day morning class (M, W, F) and a two-day afternoon class (Tuesday & Thursday). Two adults are proposed to be in the home anytime there are more than 6 children present. The zoning is R-1-10 (10,000 square foot minimum). The property is in Bloomington located at 805 Escalante Drive. Case No. 2008-CUP-004

Planner Ray Snyder said this is a typical request they have seen before, requesting a conditional use permit in order to operate a Pre-School. The applicant proposes to operate initially two days a week. The applicant is also requesting a provision for a future three-day morning class and a two-day afternoon class. It is proposed to accept children between the ages 3-5 years old. The applicant shall work with the neighborhood to mitigate any drop off and pick up issues.

Mrs. Kerr the applicant shall have no children less than 2 years of age. She said some of the children are neighborhood children. Commissioner Campbell felt the time for children to be dropped off should be staggered.

James Orman lives three doors down. He is against a pre-school residential area. He read from the CC&Rs for Bloomington Courtyard. He commented that two doors down a neighbor has a pool in their rear yard which could be a safety issue. He feels there will be a traffic problem.

Mrs. Carolyn Orman is concern with noise. There are quite a few other older people in the neighborhood.

Assistant City Attorney Joseph Farnsworth said the City does not get involved in regulating CC&Rs. The homeowners association takes care of this.

Ann Lewis a nearby resident said she works graveyard shift and sleeps during the day. She is worried about the traffic. She lives across the street from the applicant two houses down.

Commissioner Campbell asked how many hours do you anticipate the children to be outside. Mrs. Kerr said if they are out there more than 10 minutes than she is not doing her job. She said it will be very minimal.
MOTION: Commissioner Nobis made a motion to recommend to City Council approval of a request for a conditional use permit to establish and operate a Pre School. The requested maximum number of children would be 12. A City business license is required but a state license is not (if the sessions do not exceed 2 hours). The applicant is Mrs. Sarah Kerr who proposes to initially operate two days a week (mornings Tuesday & Thursday). Also requested is a provision for a future three-day morning class (M, W, F) and a two-day afternoon class (Tuesday & Thursday). Two adults are proposed to be in the home anytime there are more than 6 children present. He finds that Items A through K there is no opposition except for Item E until they have an inspection from the Citys Fire Department. Commissioner Burks seconded the motion.

Commissioner Read asked if he could add something to the motion. He said 9 to 11 and the 1 to 3 and limit the outside time to two 10 minute time periods. Staff comments and number of children to 5 until the business license is changed and then you can increase to 12.

Commissioner Nobis and Commissioner Burks accepted the comments into their motion. All voted aye.

REDUCED SETBACK

Consider the reduction of the required ten foot (10) minimum rear yard setback and the required ten foot (10) minimum side yard setbacks to a five foot (5) rear yard setback, a seven foot (7) west/side yard set back, and a five foot (5) east/side yard setback. The project is a 20,971 square foot (18,074 sq, ft. footprint) commercial center consisting of a

proposed Ideal Distributing building with office, related retail / office units, and a 1,237 sq. ft. restaurant. The property is located at the north east corner of 1000 East and Tabernacle. The property is zoned C-2 (Highway Commercial Zone). Case No. 2008-RS-001

Planner Ray Snyder said this is for a reduced setback. Ray presented a power point presentation. The height of the building is less than 35 ft. Ray said they spent a great amount of time on parking but it is not an issue tonight. The real issue before you is a reduced setback.

Commissioner Read asked how many spaces are they providing. Ray said they are providing 64 parking spaces.

Jeremy Call said the business description is that the owner will occupy about 50% of the building. Most of their sales are wholesale. The business has been in St. George since 1974. Jeremy said in their existing location they might have 13 cars in their parking lot at any given time.

MOTION: Commissioner Read made a motion to recommend approval for a reduction of the required ten foot (10) minimum rear yard setback and the required ten foot (10) minimum side yard setbacks to a five foot (5) rear yard setback, a seven foot (7) west/side yard set back, and a five foot (5) east/side yard setback. The project is a 20,971 square foot (18,074 sq, ft. footprint) commercial center consisting of a proposed Ideal Distributing building with office, related retail / office units, and a 1,237 sq. ft. restaurant. The property is located at the north east corner of 1000 East and Tabernacle. Commissioner Nobis seconded the motion. All voted aye.

MINUTES

Consider approval of the Planning Commission minutes for November 27, 2007, December 11, 2007, January 8, 2008, and January 22, 2008.

Minutes were approved with minor corrections.