Planning Commission

Tuesday, November 18,2008

PLANNING COMMISSIONCITY OF ST. GEORGEWASHINGTON COUNTY, UTAHNovember 18, 2008 4:00 p.m.PRESENT: Acting Chairman Ron Bracken Council Member Gloria Shakespeare Commissioner Kim Campbell Commissioner Ross Taylor Commissioner Julie Hullinger Commissioner Chapin Burks Commissioner Ron Read Commissioner Mike NobisCITY STAFF: Assistant City Attorney Joseph Farnsworth Community Development Director Bob Nicholson Planner Ray SnyderPlanner Craig Harvey Engineer Jay Sandberg Deputy City Recorder Linda Brooks CALL TO ORDERActing Chairman Bracken called the meeting to order and welcomed those in attendance. Acting Chairman Bracken led the flag salute.CONSENT ITEM FINAL PLAT A. Consider approval of a final plat for Pelican Hills Condominiums Phase 2 with three (3) commercial condominium pads, located on the west side of Dixie Drive at 810 South Dixie Drive. Mr. Brandon Anderson, Rosenberg Associates is the representative. The zone is PD-COM (Planned Development-Commercial) Case No. 2008-FP-046B. Consider approval of a final plat for Painted Desert Professional Plaza with six (6) commercial condominium pad, located at the northwest corner at the intersection of 2450 South and River Road. The owner is Ence Homes and Mr. Eric McFadden of Premier Design and Engineering is the representative. The zone is PD-COM (Planned Development-Commercial). Case No. 2008-FP-045C. Consider approval of a final plat for Red Cliffs Park Phase 1 (Escalera) with twelve (12) residential lots, located at approximately 2030 East and 1150 North. The applicant is 2B Holdings LLC & Quality Development. The zone is PD-RES (Planned Development Residential). Case No. 2008-FP-033PLANNING COMMISSIONNovember 18, 2008Page TwoCity Project Manager Todd Jacobson introduced the final plats into record. He said the plats are ready for approval and signature.DETERMINE USEA. Determine whether an indoor tire collection and recycling facility is similar to and in harmony with the intent and purpose of the M-2 industrial zone; Section 10-11-2 Uses. West Tire Recyclers is the applicant. Case No. 2008-DU-005Planner Ray Snyder stated this is a request to determine if a tire collection and recycling facility is similar to and in harmony with the intent and purpose of the M-2 industrial zone. Ray read Chapter 11: Manufacturing Zone, Section 10-11-1: Purpose. Ray stated that the maximum noise level will be 100 decibels. The noise will be contained to inside the building. The applicant claims there will be very little dust; the type of collection system, equipment rating, and engineering design will be reviewed by the City Building Department and Fire Department. It will need to meet the International Mechanical Code. Ray said the applicant claims there will be little if any smell. Odors will be contained within the building. All applicable City, State, and Federal standards shall be adhered to. The process is a cold process and is not expected to create smoke. Building Dept. and Fire Dept. shall evaluate as part of the review process.The entire operation will be inside the building and no exterior modifications are proposed. All storage shall be contained within the building. No outside storage should be permitted. Ray went over the parking requirements stating that the requirement for manufacturing plants, warehouses, storage buildings or structures is one space per 1,000 sq. ft. of gross floor area. Ray said staff comments are as follows;1. The subject building has an existing fire sprinkler system.2. It should be clarified that no outside storage should be permitted.3. The Planning Commission will have to determine the specific parking requirements for the proposed use.4. The Building Department and Fire Department shall review equipment with applicable International Codes for compliance.PLANNING COMMISSIONNovember 18, 2008Page ThreeKyle Wilson representative said everything would be kept inside the building. He has already had the Fire Department out and they have reviewed the sprinkler system of the building and have agreed to have the tires stacked no higher than 5 ft. tall. The State is specific on how they handle the quality of tires. The State has stringent requirements for this type of operation. There is not a tire recycle place in all of Southern Utah and Nevada. They will make rubber pellets for artificial turf fields. Kyle said their machine will do 2 tons an hour. They plan on running 1-10 hour shift 4 days a week.Kyle explained the process. The steel gets chewed up in the tires in 2-1/2 inch pieces. There is a magnet that will take the steel out of the rubber during the process. The steel gets recycled. Commissioner Taylor said the product will be stored in the building but how will it be stored, will it be bagged or what.Kyle replied it will be dropped in a super sack. When it gets to 2,000 lbs it is taken off the scale and processed. Commissioner Read asked if any equipment is stored outside of the building.Kyle said when the tires arrive at the plant the trucks pull right into the building and dump the tires. He spoke on how he keeps logs per State regulations.Commissioner Read asked legal council on the noise and dust can Planning Commission be more stringent than what the city codes ask for. Assistant City Attorney Joseph Farnsworth replied you can be reasonably strict with your motion. Kyle said when their machinery is set up the Fire Dept. will come out to listen and watch the machinery work. If there is anything that needs to be adjusted they will do so.Commissioner Taylor asked about rubber reduction which is a use that is not allowed based on the ordinance. Is this a rubber reduction?Kyle said rubber reduction is the process of making rubber. Kyle said they are not using any chemicals.PLANNING COMMISSIONNovember 18, 2008Page FourAssistant City Attorney Joseph Farnsworth said the City Code does not define rubber reduction. B. Determine whether an outside storage building display is a permitted use and is in harmony with the intent and purpose of the C-2 and C-3 zones; Section 10-10-2 Permitted Uses. Mr. Mark Reasbeck & Mr. Randy Busbee applicants. Case No. 2008-DU-006Community Development Director Bob Nicholson presented this item. This is a request to determine if outside storage building display is a permitted use and in harmony with the intent and purpose of the C-2 and C-3 zones. The applicant is proposing a storage building sales lot at 148 West St. George Blvd. He would like to display complete pre-built portable buildings. The buildings may be used for auxiliary storage, tack rooms, garages, garden sheds, play houses, etc. Bob said there are no specific parking requirements for the proposed use. The applicant will have to demonstrate how the site would provide the required parking (as determined by the Planning Commission). Bob stated the following comments;The applicant is looking at a site located on St. George Boulevard which is zoned C-3.There is a concern that unless their merchandise is enclosed per Section 10-10-5A, it cannot be allowed. There is also a concern with their proposal that it decreases the parking and creates potential driving safety issues in storing the sheds on the parking lot. The applicants believe their business is similar to some different uses; including farm implement sales, fence sales service, garden supplies, and lumberyard. The use could be considered by the Planning Commission to be similar to these uses. Whether the storage shed sales is similar to these uses is a question of fact that the Planning Commission would have to decide. PLANNING COMMISSIONNovember 18, 2008Page FiveThe applicants argument is that their use is like the trailer and auto sales is not correct. Under Section 10-2-1 (Definitions), a vehicle is defined as a motor vehicle, trailer, semi-trailer, off highway vehicle, manufactured home, and mobile home. 10-10-5A says that merchandise must be enclosed, except for vehicles. 10-10-5-H says sales lots for autos and similar vehicles, including trailers, must be paved. It seems very clear from these provisions that the only merchandise which doesnt have to be enclosed are vehicles. The C-3 zone does allow for some very limited outside merchandise such as monument works (cemetery headstones) and Christmas tree sales (seasonal only), and building material sales (lumber yards). There is a small Monument Sales yard on the SE corner of Tabernacle and 500 East with limited displays of headstones outside (behind short wall, 2 +/-) The two main issues before the Planning Commission are 1) is the use similar to other allowed uses in the C-2 and C-3 zones, and 2) should the prohibition on outside storage of merchandise apply to this request. Staff has suggested to the applicants that their proposed use is intended for manufacturing/industrial zones rather than commercial zones.Bob read Section 10-10-5: Special Provisions which is on Enclosure of Merchandises and Materials. Commissioner Campbell asked what zones are mobile homes sales lots allowed in.Bob replied in a C-2 or C-3 zone.Assistant City Attorney Joseph Farnsworth said there is not a provision on Modular Homes in the City code.Mark Reasbeck applicant said they want to setup where there is traffic so people will stop by and produce sales. They selected this location because of the ongoing sales that is happening around this lot. The sheds will not be made on site they will bring them in. They will have models and people will order from the models. If they want to buy one from the back of the display they can do so. There is a 10 ft. - 11 ft. sidewalk in front of the site and if there was a car lot there they would be able to park their vehicles near the easement. Mark stated they have parking for customers on the back parking lot. Mark expressed they dont want to be in a manufacturing zone due to lack of customer traffic. The shed walls are 8 ft. tall and there will be no roof higher than a 6-12 pitch. It will not be any higher than the trailers next door to them.PLANNING COMMISSIONNovember 18, 2008Page SixAssistant City Attorney Joseph Farnsworth said the two questions for Planning Commission are; is this similar with what other uses are allowed in the C-3 zone and does this use need to be in an enclosed building based on the City ordinance. Bob said this is based on an aesthetic issue. One thing that would help is when people drive down St. George Blvd. the people will see a shed or a style that would looks like a home. Bob felt it would be better to have the best ones in the front.Mark said they would have the best ones out front and painted different colors. The plain ones would be towards the back. PLANNING COMMISSIONNovember 18, 2008Page SevenCONDITIONAL USE PERMIT Consider a request for a conditional use permit to permit from Rio Virgin Telephone DBA Reliable Connects for permission to construct a one story (1) utility building to be called the Fiber Interconnection Hut and an associated outside generator. The subject property is generally located at the west end of Navajo Road in Bloomington. The property is zoned OS (Open Space). Case No. 2008-CUP-016Planner Ray Snyder indicated this request is for permission to construct a one-story utility building to be called the Fiber Interconnection Hut and an associated outside generator. The area is zoned OS (Open Space). Ray said presently Reliable Connects (Rio Virgin Telephone) has a microwave relay site located in the Beaver Dam Mountains. It is interconnected with Qwest to pass along long distance calls, data, and broadband services to the City of Mesquite Nevada. The remote site is at risk to fires. In order to avoid outages it is proposed to install an underground fiber optic line from St George to Mesquite. This fiber route will be backed up by the existing microwave link. This will PLANNING COMMISSIONNovember 18, 2008Page Eightresult in a redundant routing of services and is the main reason for this project. The CUP is required for permission to construct a one story utility building with an associated outside generator in the city for this project. The building would be 10 ft. x 10 ft. prefabricated concrete with 100 sq. ft. footprint. A six ft. (6) solid block wall will be installed around the perimeter of a leased 50 ft. x 50 ft. lot.Ray said there will be a fiber cable that will come into the hut from Mesquite; fiber will then come out of the hut to meet point with Quest in a vault on Bloomington Drive. To date no fiber has been placed, however, there was roll pipe placed by Legacy Construction for the purpose of blowing the fiber later. Rio Virgin will own the fiber to the meet point with Quest. This is for their meet point service they currently have with Quest via microwave to St George. Rio Virgin is a member of Utah USA, all the rules that apply to underground location would apply. Should a violation of Utah USA rules be involved the damaging party would be responsible.Ray said this project requires the approval of an encroachment permit for installing a fiber optic line within the public right-of-way in Navajo Drive, Bloomington Drive, and Tonaquint Drive. The distance is approximately 8,000 lineal feet. This project requires a lease agreement with the City of St. George for use of public right-of-way. The City Legal Department has been working with the applicant and a draft agreement has been written. Kelly Schmutz from Brown Consulting pointed out the location of the building. The building will be about 50 ft away from the existing homes. Kelly said the entire building will be blocked in and the generator will be on the other side of the building away from the homes. The generator will be there in case of emergency. Commissioner Campbell questioned the location and asked about the impact to other future residential developments.Kelly replied that the State has allowed them to lease this area for this use. He didnt know if there was going to be any future development. Kelly believes the lease will be honored by the State and if future development wants to build out there then they would have to wait until their lease runs out. Commissioner Campbell asked where the exhaust would be pointed. The applicant said it would go either north or south. Commissioner Campbell asked if it could go out to the west. He said they could do that.Commissioner Campbell said he is trying to decide whether this will be good location based on what may be developed out there in the future.PLANNING COMMISSIONNovember 18, 2008Page NineKelly said the generator will produce a lot less noise than the ATVs or motorcycles that are used out there.Assistant City Attorney Joseph Farnsworth said the Citys Legal Department has prepared a lease agreement for the access on Navajo Drive. This will be heard at City Council this Thursday. Planning Commission needs to make their motion based on this approval for access on Navajo Drive.Bob Nicholson said Planning Department would not encourage housing development out there. If it does then they would have to deal with it at that time.ZONE CHANGE REQUEST PUBLIC HEARING (5:00 P.M.)Consider a zone change from OS (Open Space) to R-1-10 (Single Family Residential 10,000 square foot minimum lot size) on approximately 4.61 acres. The project is Blackberry Court Subdivision Phase 2. Mr. Darren Coughlin, representative. The site is located at approximately 1090 West Baneberry Drive. Case No. 2008-ZC-023Community Development Director Bob Nicholson presented this item. This request is to rezone OS (Open Space) to R-1-10 (Single Family Residential 10,000 sq. ft. minimum lot size). Bob said the rip raft was put in after the flood of January 2005. They had the map amended to have the flood plain line pushed back. In the General Plan they discourage any zone change in Open Space when it is in the flood plain.Bob presented staff comments;1. The applicants submitted a Letter of Map Amendment (LOMA) to FEMA to request that the 4.6 acre area be removed from the 100 year flood plain designation based on rip-rap and fill that was put in this area after the flood of January 2005.PLANNING COMMISSIONNovember 18, 2008Page Ten2. FEMA has approved their request and removed the area from their 100-yr flood plain designation.3. Staff requests that the applicant submit a map showing the Erosion Hazard Boundary line and also provide a summary of erosion mitigation that is now in place.The City General Plan recommends that land within the 100-yr floodplain remain in Open Space zoning, but land area outside such flood plain is suitable for rezoning and development unless other factors suggest otherwise. It appears this land is suitable for rezoning to R-1-10 as requested.Commissioner Taylor asked if the board has looked at this before. Bob replied yes, they looked at it about 2 years ago. But since the flood plain has been revised they would like to be reheard. Rick Rosenberg with Rosenberg and Associates pointed out the rip rapped area on the land. The property was filled in after the flood in January 2005. The field is not very tall from fill.Commissioner Campbell asked how much taller is this from the flood plain. Rick said about a foot above the flood plain. There is a minimum of 2 ft. above the flood plain. Commissioner Campbell asked if Jay Sandberg has any comments or concerns about this.Jay Sandberg said the Planning Commission denied this because it was in the flood plain but now it is out of the flood plain. It is completely legal. The blue line on the map represents the 100-year flood plain and the City will adopt that line and update the flood plain ordinance. Then the blue line goes away and the 100 year flood plain will be adopted.PLANNING COMMISSIONNovember 18, 2008Page ElevenMINUTESConsider approval of the Planning Commission minutes for September 16, 2008 and October 14, 2008.CURRENT EVENTSThe Tonaquint area combined site visit by the Planning Commission and City Council is set for Friday, November 21, 2008, from 11:00 am to 1:00 pm. Attendees will meet at the Tonaquint Intermediate School on Curly Hollow Drive. Carpooling from there in City vehicles will be provided (passenger cars are not recommended to access the site). Please let staff know in advance if you plan to attend.The City Council announced there will also be a site visit and tour of the Replacement Airport Friday, November 21, 2008 on the same date as the Tonaquint area visit. The time is yet to be announced. The meeting was adjourned at 6:00 PM.