Planning Commission Minutes

Tuesday, July 22,2008



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
July 22, 2008 4:30 p.m.


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

CITY STAFF: Assistant City Attorney Joseph Farnsworth
Planner Ray Snyder
Planner Craig Harvey
Engineer Cathy Hasfurther
City Project Manager Todd Jacobson
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 ITEM FINAL PLAT

A. Consider approval of The Lakes ROS (Record of Survey) located west of Sunbrook Golf Course and Development, containing 10 Lots/Pods with a total of 661.26 acres. The representative is Brandon Anderson from Rosenberg & Associates. The zoning is R-1-10. There is a zone change pending (PD) which will be heard at City Council August 7th. Case No. 2008-ROS-001

City Project Manager Todd Jacobson said this is known as the Record of Survey not as a final plat. There is a zone change pending for this Record of Survey. It is currently R-1-10 and they would like to request a PD zone.

Assistant City Attorney Joseph Farnsworth said that under State law when you subdivide a property it needs to go through the plat process. However property can be exempt from plat process and be heard at a Record of Survey as a whole parcel. The development agreement is in the final stages of being reviewed by the Citys Legal Dept. Because it is such a large area of land the developers did not want to keep coming back with amendments to the plat. This may not be the only Record of Survey that will be heard in the future by Planning Commission

Acting Chairman Bracken questioned if the roads need to go through each one of those parcels to be heard as a Record of Survey. He asked if the roads need to be put in before they can sell off a pod?

Jake Sylvester with Rosenberg & Associates said the roads have been dedicated. When one of these pods sells then they would be obligated to put the roads into that pod.

Commissioner Nobis said it was mentioned that they could go through Preliminary Plat or Final Plat or they could go through a Record of Survey.

Assistant City Attorney Joseph Farnsworth said when you go through this ROS process it does not mean that you cannot go through the Preliminary Plat process. After the ROS has been approved, then the developers will go through the formal plat process when they want to develop the land.

Commissioner Taylor said the way he understands this is the purpose of the ROS is to determine the boundaries of these pods so they can be sold individually.

Assistant City Attorney Joseph Farnsworth replied that is correct.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval subject to the development agreement be executed and signed before it goes to City Council. Commission Campbell seconded the motion. All voted aye.


B. Consider a final plat request for Riverside Towers Commercial Condominiums with six (6) units located at the northwest corner of 270 East Street and 1400 South Street. The owner is Riverside Towers LLC and Mr. Kay Campbell is the representative. The zone is C-3 (General Commercial). Case No. 2008-FP-030

C. Consider approval of a final plat for Milne Estates Subdivision with four (4) residential lots located off 3430 East Street and 2090 South Circle. The applicant is Mr. Travis Milne and Mr. Gary Milne. The zoning is A-1 (Agricultural). The site is located on 4.96 acres more or less. Case No. 2008-FP-032

City Project Manager Todd Jacobson said the two final plats will be heard under one motion. Todd read the final plats into the record.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval of the final plats read into record and authorize Chairman to sign. Commissioner Hullinger seconded the motion. All voted aye.



GUEST HOUSE

Consider a request for a guest house to exceed the maximum allowable floor area of four hundred square feet (400 sq. ft.). The request is for a total footprint of approximately 820 square feet which would include 55 sq ft for two solar equipment rooms (outside access only), 45 sq ft for an airlock entry, and 35 sq ft for an outside covered porch. The total for non-living space is 135 sq ft. The guesthouse living space would include a bedroom, bathroom, living room, wet bar / kitchenette (small sink, microwave, and under counter refrigerator). The actual living space area is 685 sq ft. The property is located at 3251 Three Bars Road, Bloomington. Mr. and Mrs. Kerby Karkula are the applicants. The zone is RE-37.5 (Residential Estate 37,500 sq. ft. minimum). Case No. 2008-GH-003

Planner Craig Harvey presented this item. This is a request for a guest house to exceed the maximum allowable floor area of four hundred sq. ft. The request is for a total foot print of approximately 820 sq. ft. The actual living space area is 685 sq. ft. Based on the ordinance under Regulations for Guest Homes on a Single Family Residential it states Requests exceeding 400 sq. ft. shall be submitted to the Planning Commission for review and consideration at a regularly scheduled meeting. The applicant has supplied a narrative for Planning Commissions review. Craig said staff supports the request for the guesthouse and recommends approval.

Assistant City Attorney Joseph Farnsworth said part of the restriction of the square footage of 400 sq. ft. is to prevent the unit from becoming a rental. Planning Commission needs to determine why this particularly guest house can be an exception to the 400 ft. rule.

MOTION: Commissioner Taylor made a motion to approve this request for a guesthouse based on the fact that the individuals have shown that the guesthouse will not be used as a rental, will make a deed restriction and that they are in fact adding to the building solar and other facilities that would be in harmony with the purposes of the community. Commissioner Burks seconded the motion. All voted aye.


BDCSP (BUILDING DESIGN CONCEPTUAL SITE PLAN)

Consider a building design and conceptual site plan (BDCSP) to construct an automotive detail center. The project name is Stephen Wade Detail Center. The owner is Mr. Stephen Wade. The representative is Mr. Reid Pope. Located at 150 West Hilton Drive. The zoning is PD-COM (Planned Development - Commercial). Case No. 2008-BDCSP-004

Planner Ray Snyder said this request is to give permission to construct a two-story detail shop with an office adjacent to a new two level storage structure. The building will be located behind the existing Nissan Dealership. This will be a third building on site consisting of a detail shop (5,074 sq. ft.) and office (2,497 sq. ft.). Ray said the height will not exceed 35 ft. They will need to turn into City staff a Site Plan Review. A photometric plan is required. Pole lighting shall be of a dark sky style with no lens protruding below the side perimeter of the fixture.

Ray presented staffs comments;

1. The building colors and materials shall be per July 22, 2008 submittal to Planning Commission.
2. The building height is approved not to exceed thirty five feet.
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.
4. A SPR (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 (UDOT).
3. All signing and striping shall conform to the City of St. George and MUTCD standards.

Commissioner Burks said when they first came in; they put up the dealership, were allowances given to them on the landscaping. Are you going to re-imposed them to do more landscaping?

Ray replied because this request will be reviewed internally they have not asked them for any additional landscaping on site.

Ray went over the parking requirements for the detail shop and the office area. They have an excess of parking.

Commissioner Campbell said he wants to make sure that there is enough parking and not to see the cars on the street.

Bill Western said they can designate the parking spaces they need by using part of the 318 additional new parking spaces on site at the northeast corner in the new parking structure.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a building design and conceptual site plan (BDCSP) to construct an automotive detail center subject to the applicant providing an agreement that states they will maintain 23 stalls for this particular building on the whole project and staff comments as well. Commissioner Burks seconded the motion. All voted aye.


ZONE CHANGE REQUESTS PUBLIC HEARINGS (5:00 P.M.)

A. Consider a zone change from RE-20 (Residential Estate 20,000 square foot minimum lot size) to PD-RES (Planned Development Residential) on 6.45 acres. Located on 3000 South (Horseman Park Road) and Little Valley Road. The site is east of 2350 East Street (& the Little Valley Elementary School). This site is across the street from the new Intermediate School). The applicant is Mr. Bart Frost. The representative is Mr. John Fleming of Bonneville Builders, and the engineer is Mr. Jim Raines of Bush & Gudgell. The project is Little Valley Commons. Case No. 2008-ZC-018

Planner Ray Snyder stated this is a request for a zone change to rezone RE-20 to PD-RES (Planned Development Residential). The 14.68 acres is located on 3000 South and Little Valley Road. Ray pointed out that the General Plan shows this area as M/HD (Medium-High Density, 7-10 du/acre) and MD (Medium Density 4-7 du/acre) according to the Little Valley General Plan adopted on March 2007. The applicant is proposing 89 units with 6.45 acres of open space. Ray went over the setbacks for this proposal.

Ray presented the Density Bonus and said they are not asking for a TND:

The subject property is located within the Density Bonus Overlay Zone which covers most of the south one-third of the City and includes all of the Little Valley area. Under the program, additional density is achieved through the provision of parks, trails and open space. A minimum of 15% of the development area must be set aside for parks, trails or other open space in order to achieve a 25% density increase over the base of 2 du/acre. The applicant states that 22% has been provided for this purpose. Also the developer must improve the park and trail areas to achieve an additional 25% bonus increase and meet a third factor such as 1) additional or enhanced park amenities, or 2) additional or enhanced landscaping with the street right-of-way, or 3) attainable housing, or 4) provide land for civic uses such as fire station, etc. or 5) provide additional land area above the 15% minimum required. Compliance with one or more of these Third Factors results in an additional 15% (or 65% above the base) density increase. To achieve the density proposed by the applicant three things are required under the Density Bonus Overlay Zone standards 1) compliance with the General Plan land use designations, and the applicants request is consistent with the General Plan, 2) compliance with the 3 density bonus factors cited above, and 3) superior design for the project and housing units. The green courts, private park and community garden do provide a more innovative project design than typically seen. Also the attainable housing element near the two schools should help teachers and young families find affordable housing. The Density Bonus program is a new program and the City staff, Planning Commission and City Council will need to carefully consider how Factor 3 is met and the overall design aspects of the project.

Ray read into the record staff comments;

Housing Types: The overall style proposed is called a Craftsman Style home. This proposed project has three (3) distinct housing products; 1) 43 green court units along 3000 South Street (Horseman Park Road) all accessed by 20 wide private alleys and no driveways on 3000 South (across from the intermediate school); 2) 23 alley homes; and 3) 23 traditional homes. All 89 units are detached single-family dwellings. The green court or courtyard units are patterned after similar homes in the Day Break project in South Jordan, Utah according to the applicant.

Typical Lot Layout: Homes on 3000 East will face a central green common area. There are four (4) common areas proposed with 9 homes surrounding the common area.

Private Park: A private park of 0.75 acre in size is proposed along the east side of the project. This park will be improved by the developer and maintained by the HOA. Due to the large community park in the immediate vicinity the applicant has relayed that a tot lot was felt to be most appropriate for this location.

Private Alley: Twenty foot (20) wide private alley ways are proposed to serve most of the homes in the project.

Private Street: One row of homes is proposed to have front driveways off a 34 wide private street. Approval of the City Engineer will be required for a private street.

Privacy Walls: The design of this project eliminates privacy walls along Horseman Park Drive (3000 South).

City Property: The applicant is negotiating with the City to purchase approximately 2 acres next to the Little Valley Elementary School and the property is currently shown as part of the overall project. The City Council has expressed a willingness to sell the property to the applicant.

Guest Parking: According to the site plan there will be forty-one (41) guest parking spaces proposed throughout the project to accommodate guests.

Community Garden: A Community Garden is proposed as part of the amenity package for residents within the project.

Site Distance: Due to required site distance along Little Valley Road Lots No. 4 and 5 should be combined into one (see exhibit).

HOA: An HOA (Home Owners Association) will be required. The HOA will also be responsible for restricting the parking of vehicles in the proposed alleys.

CC&Rs: It is requested that a provision be added to the CC&Rs that a restriction on the number of cars per unit be added.

Commissioner Nobis asked how attainable housing was determined. Is that accomplished through the development agreement?

Assistant City Attorney Joseph Farnsworth replied unless the City wants to have a certain percentage it will need to be in the development agreement.

There was discussion on the density calculations.

Jim Raines with Bush & Gudgell said in the Citys ordinance there is a paragraph (Section 10-13E-6 Density Bonus Factors) that talks about multi-family housing and the three criterias that need to be met. It is not based on math calculations it is based on meeting the three criterias.

Ray said this will have to be reviewed with the Development Director.

Jim said when they setup the bonus density the criteria was set up at 2 du/ac. What it didnt do is it did not carry over to the Medium Density or the High Density.

Council Member Shakespeare asked how much of the property is zoned MD or HD in the Little Valley area and how much of it around the School.

Ray said they dont have a map that shows the areas to-date that has been already approved for a zone change.

Commissioner Taylor said if they approve a zone change for a PD does that mean that the board has to accept the plan that is in front of them tonight. He commented that he is not comfortable with that. Would they not see this again as a preliminary plat?

Assistant City Attorney Joseph Farnsworth said it would come through again as a preliminary plat. He said the development agreement should be approved during the phase of the zone change. He believes that this should be tabled until that happens. Assistant City Attorney Joseph Farnsworth said in the City ordinance Section 10-13E-9 and 10-13E-5 states that a development agreement shall be considered concurrent with the zone change applicant and a draft shall be submitted by the applicant at least six (6) weeks prior to Planning Commission.

Jim Raines said it was their understanding that the development agreement came in with the preliminary plat.

Acting Chairman Bracken said he will open the public hearing before they table this item because of need for the development agreement to proceed.

Jim McArthur stated he has land next to this project. He is concerned about the animals he has on his property and he is concerned about the elevation and the canal issues. He is not in favor of this zone change.

Brad Giffins has land next to this. He has two large corrals that house animals. He believes the zone should not be changed. They are out there for the open space.

Paul Gough said he purchased his property so he can carry out the agricultural life style. He believes they will have a hard time putting in higher density into horse property. He feels they are stealing the value of his property from him.

Jim Raines said this came before City staff during mid 2006. The project at that time was going to be 22 single-family lots in a zone that would be RE-20. During the City Council it was decided to table this request. At that time City staff was discussing the Master Plan for the Little Valley area that would be coming forth. When the master plan for Little Valley was approved it had this area marked as Medium Density Residential. Jim stated he has complied with what was required to do base on the ordinance when it was passed one year ago. This is going to be a high quality MD development. The applicant has waited a year to see how this was going to be set as density.

Paul Iverson said the Little Valley residents feel like they have no voice with the government. A PD zone so will match the existing neighborhood and this does not match what is there. There should be wider setbacks from residential to agricultural sites. He said the people in Little Valley are opposed to high density housing.

Ray Snyder read into the record the letter from Mary Niles which states she is strongly opposed. She is concerned about traffic. She also has concerns about children climbing the fences and trying to get to the animals.

David Harris asked the applicant what is keeping them from doing larger lots or something to that variation. He lives in this neighborhood.

Closed the public hearing at 6:00 p.m.

John Fleming the Senior Project Manager said they are pursuing this development to go by the General Plan. They have noted there is a need for housing that has not been completely met. In looking at this they started working with staff and they were interested into putting this type of development into this area. He is sympathetic with the Agricultural use being disturbed but this happens when a City is growing. The decision was made on how St. George is going to grow. He does not believe they will get those types of conflicts that were addressed here tonight. He said what they are trying to do is meet the market segment. He spoke on his previous designs of homes using energy efficient. Slides were shown of DayBreak.

MOTION: Commissioner Taylor said there are issues that need to be resolved. He would move to table this project to a future time.

DISCUSSION ON THE MOTION
Assistant City Attorney Joseph Farnsworth said the requirement of the draft development agreement must be submitted six weeks prior to this zone change.

Commissioner Read questioned if they can call the applicant incomplete due to the development agreement not being attached to the zone change. Commissioner Read would also like to request that Planning Commission have the deed restriction and the minutes on the Fredonia development attached to the staffs report for their review.

Commissioner Read seconded the motion.

DISCUSSION ON THE MOTION
Commissioner Burks said he believes at one time it was discussed during Planning Commission on having a separation on new development and rural. He believes that it was approved with a 100 ft. separation from the two.
Commissioner Nobis mentioned that separation should be on the back of larger lots where Jim McArthur property line is located. He would like to have the applicant address the canal also.

Assistant City Attorney Joseph Farnsworth said the applicant should not be back until the application is complete, including the development agreement.

All voted aye.


B. Consider a zone change from M-2 (Industrial) to PD-COM / RES (Planned Development Commercial and Residential) on 17.35 acres. Located at 415 South Dixie Drive (former Moore Business Forms building). The applicant is Mr. Marv Blosch. The project is Sunbrook Ranch. Case No. 2008-ZC-017

Planner Craig Harvey said this item is for Sunbrook Ranch which was formerly Moore Business Forms building. The area is located at 415 So. Dixie Drive. The area is zoned M-2 and they are requesting to PD-COM and PD-RES. The adjacent zones are residential. He said the proposed project will be built in three phases. Craig read into the minutes the uses for this first phase of this project. This property consists of 17.35 acres. They are proposing a right-in and a right-out on the property. Craig said based on the ordinance which is 10-8-7 Mixed Use Development Standards states that project which combine residential and commercial uses within the same project but in distinct separate areas or separate buildings are subject to the provisions in Sections 10-8-5 and 10-8-6 of this chapter as applicable.

Craig went over staffs comments;

1. The proposed project would be built in 4 phases with phase 1 consisting of remodeling the existing warehouse building to accommodate a variety of potential uses including: retail shops, fitness and wellness facilities, indoor soccer, neighborhood grocery store, call center, private school such as a technical school or Montessori School, and some light industrial uses such as warehouse and self storage. The applicant proposes that all M-2 uses continue to be permitted, with the exception of the following M-2 uses to be excluded: Sheet Metal Shop, Food Processing, Light Foundry, Bulk Plant, Construction Equipment Sales, and Sand Blasting. Staff also recommends that the following industrial uses be deleted such as: rubber welding, testing laboratory, and truck terminal.
2. Phases 2 & 3 propose an additional 280 senior living units as independent senior living situations. (Phase 2 proposes 140 independent living units with 99 parking spaces; and Phase 3 proposes 140 active seniors units with 201 parking spaces.) The applicant proposes parking standards less than 2 spaces per unit which is the standard for typical housing units. The PC may recommend a reasonable parking requirement for a Seniors Only project where the applicant can provide evidence that residents in the project own/drive fewer vehicles than residents in an standard living unit (i.e., condo or apt ).
3. Phase 4 of the project, the applicant proposes to demolish the warehouse and add 102 senior dwelling units.
4. The access off Dixie Drive will need to align with the public street accessing the Highlands subdivision. On the north side of the property a right-in & right-out only driveway is proposed. A deceleration lane is proposed at both entrance drives and the City Traffic Engineer will need to evaluate the proposed north access point for safety.
5. In Phase 2 of the project which is in front of the existing building, the applicant proposes some buildings (that front Dixie Drive) that are 3 stories tall stepping up to 4 stories. The property is 8 to 12 feet lower than Dixie Drive along the northern frontage of the property and the applicant has stated that the first units along Dixie Drive will appear as two to three stories above the street.

Commissioner Hullinger asked if the indoor soccer field was out of the plan. Craig said it is still in the plans to be there.

Assistant City Attorney Joseph Farnsworth stated some of the issues Planning Commission needs to have as findings in their motion are the requirements for a mixed use development which are that the project integrates into the surrounding area in a harmonious manner, it is located within the urban core or it is part of a larger commercial project.

Craig also stated that Community Development Director Bob Nicholson said there is a provision with use with a vertical development but this one will be a horizontal development. So it is a bit different from the usually mixed use.

Marv Blosch said he is a developer. He said their intent is to create a win-win situation. They met with residents who live in single-family homes on both sides of them. Dust was a major concern but they like the fact that the M-2 zone may go away. He said this market driven. He presented a slide presentation. He pointed out the one acre piece of property he cannot develop in order to line up his driveway access with Highlands. He said they are proposing senior care for this area. The use will be independent on the westerly piece. They have one of these developments in Salt Lake City. He said independent living will be Phase 2. Phase 1 will be the existing building. The landscape and the amenities will need to be in place before they can move forward with the independent living. Marv said they will have 100,000 sq. ft. in the warehouse. So they divided the building and part of the building they would like to do a climate control storage units. The other half 13,000 sq. ft. will go to the soccer field and they have had interest in a trampoline area as well. The other part of the building will be health and wellness. There will be health wellness center and this would be made available to the tenants of independent living. Marv pointed out that in the future if the business is successful for independent living then they may ask permission to tear the warehouse down and build more units. They have been asked by City staff to be below the road for their buildings which puts them down 12 ft. He spoke on the east end of the property. On that side which will be phase 3 they see active living for seniors. They have done the traffic impact study. The amount of the traffic they will be creating is minimal. He has spoken to the fire department. They have adequate accesses.

Commissioner Taylor asked about parking for visitors.

Marv said they monitored this closely. If you look at assisted living its about .3 parking spaces per unit. If you go to independent living it is about .6 parking spaces per unit. So they are suggesting having .6 parking spaces in the front for the independent living. On the Active Living they are suggesting 1.25 parking spaces. The shuttle services will run 2 to 3 times a week. They will also have large vans to take residents to shopping, doctors or etc.

Commissioner Campbell asked about a sheet-metal shop.

Marv said they dont really want to rent to a sheet-metal shop. But the M-2 uses allows for contractors shops.

Assistant City Attorney Joseph asked staff if a complete written PD text was submitted on this project.

Craig said they do have a written text but it does not meet the ordinance requirements in the format the ordinance recommends.

Ray spoke on the written text example received from Little Valley Commons on their written text that they submitted. He stated that is what City ordinance requires. This is what this project will need to present to City staff.

Marv said they have worked closely with Bob Nicholson and they thought they submitted everything. Marv said what they hope for tonight is to get some feedback on how Planning Commission feels about this proposed development. Marv said they will be sensitive to the residents concerns but he feels they could be a lot worse if they stayed with the M-2 zone.

Closed public hearing at 7:30 p.m.

Commissioner Campbell said he likes the use of mixed use for this area. He said the height of the buildings is a concern with him but the talk about soften the ends would work for him. He likes what he is seeing.

Commissioner Burks said he would like someone from the City to talk about Dixie Drive. He has a great concern with the 2 lane bridge and he is told that the funds have been allocated to another project in the City. He would like to know what is going to be done with that bridge before they approve any more projects.

Commissioner Hullinger said she is in favor of the project and feels it would benefit the area.

Commissioner Nobis said he likes the use and the design of the buildings. He likes the idea but he would like to see more of the design on paper for their review.

Commissioner Taylor feels the Citys check list is very valuable. He is in favor of the project and felt this could improve the neighborhood. He is supportive of that.

Commissioner Read asked the applicant to put in his written text the actually uses that would be allowed for this area.

MOTION: Commissioner Nobis made a motion to table the item and have the applicant come back with a complete application. Commissioner Hullinger seconded the motion. All voted aye.

C. Consider a zone change from R-3 (Multiple Family Medium Density) to R-4 (Multiple Family High Density) on approximately 1.30 acres. Located at approximately 600 South 850 East. The applicant is Ms. Alice Thallmayer. The project is Dixie Center Town Homes. Case No. 2008-ZC-012

(Note: This item was tabled at the July 8th PC meeting to allow for a PC site visit on July 17th @ 4:30).

Ray said this item was tabled to allow for a site visit by Planning Commission on July 17, 2008. This request is to rezone the 1.29 acres located at approximately 800 East 600 South from R-3 to R-4. Ray presented staff comments:

1. The property has two 4-plexes (existing) + 15 new units are proposed in one new building for a total of 23 units. Under the R-4 zone density provisions this 1.29 acre parcel could have up to 23 total units with 3 buildings.
2. Student housing parking is figured at 1 parking space per bed and 75 spaces are shown on the site plan. Regular housing requires 2 spaces per unit which would be 46 spaces.
3. Applicant proposes parking under new building.
4. Recommend a merging of the lots (to eliminate need for 20 ft. setback and to consolidate ownership).
5. Section 10-7C-7 (M);12 du or more per acre requires a Design Review and approval of the site plan by the PC and City Council.
6. The site plan meets the open space (30%) and recreation-play area requirement of 200 sq ft per unit (4,600 sq ft).

There was discussion on the parking for the zone change. Heath Overson with Bulloch Brothers Engineering representative for the applicant spoke on the parking. They show enough covered parking on site.

Commissioner Burks asked if they were in compliance with the St. George Rental Ordinance.

Heath said he did not know the answer to that.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval of this zone change subject to staff comments. Commissioner Hullinger seconded the motion.

Acting Chairman Bracken voted nay Commissioner Burks voted aye
Commissioner Nobis voted aye Commissioner Taylor voted aye
Commissioner Hullinger voted aye Commissioner Read voted aye
Commissioner Campbell voted aye Motion passes 6 to 1

D. Consider an amendment to the City General Plan Land Use Map. The current land use is MDR (Medium Density Residential) and it is requested to change to HDR (High Density Residential). The area encompasses approximately 1.30 acres. The applicant is Ms. Alice Thallmayer. The project is Dixie Center Town Homes. Mr. Sterling Bradshaw is the representative. The site is generally located at 600 South 850 East. Case No. 2008-GPA- 002

(Note: This item was tabled at the July 8th PC meeting to allow for a PC site visit on July 17th @ 4:30 along with related Case No. 2008-ZC-012).

Planner Ray Snyder presented a power point for this item. If a general plan amendment is approved the applicant intends to submit a zone change for R-4 zoning. Ray read staff comments into the record;

1. The General Plan land use map is a guide for zoning decisions and zoning requests which are not consistent with the General Plan require a G.P. amendment prior to considering the zoning request.
2. This parcel is located between the Dixie State College campus and Interstate 15. Land area to the NE is designated a High Density Residential and this property serves the same function and that is as student housing for the college. Property to the west is also multi- family housing.
3. The property currently has 2 buildings (4-plexes) and a third building with 15 units is proposed. A rezone to R-4 is necessary in order to build additional units on the property.

Mr. Heath Overson with Bulloch Brothers spoke on the site visit with Planning Commission. This property has been mismanaged in the past and they want to bring this property up to code.

Mr. Sterling Bradshaw said they have met with Code Enforcement Melodie Hayes today. He said the property is paid for. They have let the property manager go. He spoke on the new people who will manage the development and they are now asking for higher credit scores from proposed tenants.

Close public hearing at 8:00 p.m.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of the general plan amendment subject to staff comments. Commissioner Campbell seconded the motion.

Acting Chairman Bracken voted nay Commissioner Burks voted aye
Commissioner Nobis voted aye Commissioner Taylor voted aye
Commissioner Hullinger voted aye Commissioner Read voted aye
Commissioner Campbell voted aye Motion passes 6 to 1

MINUTES

Consider approval of the Planning Commission minutes for April 22, 2008 and May 13, 2008.

MOTION: Commissioner Nobis made a motion to accept the minutes with minor corrections. Commissioner Taylor seconded the motion. All voted aye.