Planning Commission Minutes

Tuesday, August 12,2008



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
August 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 Julie Hullinger

CITY STAFF: Assistant City Attorney Joseph Farnsworth
Community Development Director Bob Nicholson
Planner Ray Snyder
Planner Craig Harvey
Engineer Cathy Hasfurther
Deputy City Recorder Linda Brooks
EXCUSED: Commissioner Chapin Burks
Commissioner Ron Read

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

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 598 square feet. This includes 48 sq. ft. for a storage room, and 15 sq. ft. for an outside entry utility room. The guesthouse living space would include a bedroom, bathroom, and a wet bar/kitchenette (small sink, microwave, and under counter refrigerator). The actual living space area is 535 sq ft. The property is located at 1977 Viewpoint Drive in the Stone Cliff Subdivision. Mr. and Mrs. Charles Cotter are the applicants. Mr. Riley Richardson of Richardson Homes is the representative. The zone is PD-RES (Planned Development Residential). Case No. 2008-GH-004

Planner Craig Harvey stated that the next item should be heard with this request for the Side Entry Garage Determination.

Craig said the intent of the guest house ordinance is to provide a small temporary residence and not a large secondary dwelling unit. The PD-Residential Zone allows for guest houses.


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The applicants guest house is located in the front yard at the setback and meets the same setback requirements for the main dwelling. Ordinance No. 10-14-23 (R) states: A guesthouse may not be placed in the front yard setback or side yard setback.

The applicant has signed the necessary deed restriction for the guesthouse indicating that it will not be rented or leased independent of the main dwelling. The deed restriction will be recorded with the City of St.George upon approval of the Planning Commission.

Considering the property size, location, and design staff supports the request for the guesthouse and recommends approval.

Assistant City Attorney Joseph Farnsworth said as Craig stated if it is more than 400 sq. ft. and if they want more square footage then they need to go before Planning Commission for approval. He said Planning Commission needs to determine why this particular site would be able to go to this square footage instead of the regular 400 sq. ft.

MOTION: Commissioner Taylor made a motion to recommend approval finding that it meets the intent of the ordinance and would not be used as a permanent residential structure leased independently from the main dwelling through a deed restriction. He approves the front yard location. Commissioner Campbell seconded the motion. All voted aye.


SEG (SIDE ENTRY GARAGE)

Consider a request for a side entry garage for a proposed dwelling located at 1977 Viewpoint Drive in the Stone Cliff Subdivision. Mr. and Mrs. Charles Cotter are the applicants. Mr. Riley Richardson of Richardson Homes is the representative. The zone is PD-RES (Planned Development Residential). Case No. 2008-SEG-001
Planner Craig Harvey presented the Side Entry Garage. This is the same applicant as you just heard for the guest house. The ordinance states in Section 10-8-5-D1 C: a garage design to allow a side entrance with an appropriate off street parking area may be located less than twenty foot (20) minimum setback requirement where the Planning Commission determines such off street parking (the driveway) meets the intent of the ordinance. In no case shall the garage have a setback reduction less than ten feet (10) in order to comply the building setback of ten feet (10) from the back of curb. The driveway shall have an appropriate radius, width and length to provide off street parking outside of the garage.

Craig said staff has determined that the intent of the 18 foot setback as noted on the plat was to accommodate off-street parking for front facing garages. However, the plat also
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states that all setbacks shall comply with St. George Zoning Regulations. Staff has determined that there is existing precedence at Paragon Cove Townhomes to support the applicants request and upon the Planning Commissions approval; the request will also comply with the current zoning code.

Craig stated staff supports the request for the location of the side entry garage, as designed at the 10 setback.

MOTION: Commissioner Taylor made a motion to recommend approval finding adequate design in support of the request. Commissioner Hullinger seconded the motion. All voted aye.

REDUCED SETBACK

Consider the reduction of the required side yard (South) setback to a six foot nine inch (6-9) side yard setback and a reduction of the required ten foot (10) minimum rear yard setback (West) to a five foot eight inch (5-8) rear yard setback. This request is to allow construction of an underground parking lot structure. The project is Smith Memorial Medical Building, Mr. Mark Dickerson and Ms. Charlyne Shelton the applicants. The site is located at 1100 East Tabernacle. The property is zoned C-2 (Highway Commercial). Case No. 2008-RS-002

Planner Ray Snyder read this item into the record. The project is a 35,452 sq. ft. (9,036 sq. ft. footprint) professional medical office building and an adjacent underground parking structure. The area is zoned C-2 (Highway Commercial Zone). Reduced setbacks may be awarded if the Planning Commission determines they are not necessary. This lot is located behind a developed commercial lot on Tabernacle. The requested south reduced setback is adjacent to the north parking lot of the existing East Tabernacle Commercial Center. There would be approximately 48 ft. between the proposed parking structure and the existing commercial building. The requested west reduced setback is adjacent to a vehicle storage yard. Due to the location, adjacent buildings, and parking areas it appears to be a reasonable request.

Ray indicated that in Section 10-10-4 it states side and rear setbacks in the C-2 and C-3 zones may be reduced or eliminated where the Planning Commission determines such setback is unnecessary. Ray stated again the applicant is requesting a side yard setback to the south at 6-9 and a rear yard setback to 5-8 instead of the required 10 setback.

Ray said there is an associated Conditional Use Permit for height which is the next item on the agenda.

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Commissioner Campbell asked if the reduced setback is for the proposed parking garage.

Commissioner Campbell asked about the floor heights?

Paul Warnick the architect of the project said the floor heights averages around 13 ft.

Commissioner Campbell asked about the parapets.

Paul said they are higher but he felt there was some room to adjust those. He said if you were standing on the roof the parapets would be 8 ft. in height.

Commissioner Campbell asked if there was anyway to bring the height down; particularly if there is any height that is not needed.

Paul replied they are trying to use the parapet for screening the air condition units. Paul said those are variable and in their control and it is something they can work with.

Commissioner Nobis asked what part of the building is going to need the reduced setback.

Paul replied between the sidewalk and the parking.

Commissioner Campbell asked about the quantity of the landscaping.

Paul believed all of the land between the parking garage and the sidewalk will be landscaped.

Commissioner Campbell asked about the underground parking drive widths.

Paul stated the underground parking extends on the south side of the building but turns and goes up to the west side of the building as well.

Assistant City Attorney Joseph Farnsworth said he wants to go back to the setback. As far as the requirements in the C-2 zone the setback is 10 to 20 ft. unless the Planning Commission determines that it is unnecessary. So in the motion the Planning Commission needs to give a reason why the setback is unnecessary.

Sandra Call owns the building across the street. She feels the building is not harmonious with the existing buildings there. She suggested that a traffic study be done for this project. She believes that the height will be a problem especially when it comes to traffic. This building is almost double in the required height of 35 ft.
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Acting Chairman Bracken said he believes a traffic study has been done for this site. Staff indicated that the report has been done and review by the Citys Traffic Dept.

Commissioner Campbell said he feels there should be more work to improve on the setback and height. There are similar heights in town. They should try to minimize the height if possible. He feels it would be nice to look at this project with reduced height on parapets and reduce setbacks to another foot or so.

Commissioner Taylor said the traffic is critical here. There is very little circulation for this spot. He feels the traffic study should consider the other project that will be going in the future at approximately 1000 East and Tabernacle.

Assistant City Attorney Joseph Farnsworth said the next item the board will hear is the Conditional Use Permit which will cover the height and how that affects the traffic.

Commissioner Nobis said maybe the applicant would be willing to table this and see if the applicant can create a little bit more room in the setback and adjust their height.

Mark Dickerson the applicant said they have spent thousand of dollars on the traffic study. He understood that this is in the parameters of what is acceptable for this area.

Paul pointed out that the height and setback issues indicating there are only inches to work with not feet.

Commissioner Campbell said what this board is asking for is if there are some possibilities to reduce the height and the setbacks. Planning Commission is not asking the applicant to come down to the 35 ft. in height.

Paul said he does agree there are some adjustments that could be made.

Planner Ray Snyder said he does have a copy of the July 2008 traffic impact study for this project and provided it at the meeting.

Shari McTiver from the Citys Traffic Department said they did receive a traffic impact study. Staff asked them to analysis the intersections from 1000 East and St. George Blvd. and 100 South 1000 East. There is considerable traffic from this development but the fact that they are located on a cul-de-sac really helps the traffic situation. There biggest concern from a traffic stand point is when they proposed to put the driveways at the cul-de-sac. They had two driveways side by side both with full access with cars going in and out. Staff thought that would be too confusing for the majority of drivers. Staff asked

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them to consolidate that some how perhaps work with the development to the south to gain cross-access to their development or to make the driveways single access.

Acting Chairman Bracken questioned if they wanted to consider tabling this or not.

Mark Dickerson said instead of tabling this item what if they trim 3 ft. off the top of the building and rethink that. He asked would that be sufficient enough. He believes there is a little bit of fat they could take off the floors as Commissioner Campbell mentioned.

Acting Chairman Bracken what about the level of building started as compared to the property and street that is out front.

Mark said the ground level parking is the same as the street level he believes. He said they dont want to sink it any more.

Lynnette Miller with Rosenberg Associates said when you come off the cul-de-sac it ramps up to the main level and if you turn left then you enter down into the parking lot. She said the third of the parking garage is buried.

Acting Chairman Bracken felt it would be wise for the applicant to come back and present it again to this board.

Mark Dickerson the applicant said he would table the item.

MOTION: Commissioner Campbell made a motion to table this item. The applicant will bring in to the next meeting August 26th additional information which is required to show that the height for the parking garage could possible be reduced and setback even if it is only inches . Commissioner Hullinger seconded the motion. All voted aye.


CONDITIONAL USE PERMIT

Consider a request for a conditional use permit to construct a professional four (4) story medical office building with an adjacent underground parking garage. The proposed maximum height to the top of the parapet would be sixty-four feet four inches (64-4) and the maximum roof height would be fifty-four feet (54). The project is Smith Memorial Medical Building, Mr. Mark Dickerson and Ms. Charlyne Shelton are the applicants. The site is located at 1100 East Tabernacle. The property is zoned C-2 (Highway Commercial). Case No. 2008-CUP-015


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Planner Ray Snyder presented this item for permission to construct one new four-story office building with an adjacent underground parking structure; this would be a professional medical office building. A building height may not exceed thirty-five feet in height unless a Conditional Use Permit is recommended for approval by the Planning Commission and approved by City Council. The proposed maximum height for this building to the top of the parapet would be sixty-four feet four inches (64-6) and the maximum roof height would be fifty-four feet (54). The main floor level would be at 2,810. In comparison, the elevation of the St. George Blvd. directly north of the building is at 2,830 (twenty feet higher). As a result the height above St. George Blvd. would be approximately thirty-four feet to the roof top and forty-four feet to the top of parapet. The applicant has supplied colored elevations and materials board.

Acting Chairman Bracken asked how much higher is the building than the freeway?

Paul Warnick the architect said there is a big drop off. Driving south on the freeway it would be higher than the freeway.

MOTION: Commissioner Campbell made a motion to table this item. For the applicant to show specific information that they can reduce the overall height of the building by looking at different things such as relationship to floor to property, relationship of floor to floor, relationship of parapet heights exceeding higher than what is necessary and HVAC screening. Commissioner Taylor seconded the motion. All voted aye.


LOT SPLIT

Consider a lot split request to legally divide one parcel into two for property located at 2400 South 3000 East. The existing lot is 7.20 acres (313,632 square feet). The proposed lots would be; Lot 1 = 3.00 acres (130,680 square feet) and Lot 2 = 4.20 acres (182,952 square feet). The property is zoned A-1 (Agricultural). The legal owner is Storm Mountain and Washington Properties LLC. The applicant is George Washington Charter School. Case No. 2008-LS-001

Planner Ray Snyder presented the lot split for George Washington Charter School. This property appears as a school site on the Little Valley Land Use Plan approved by the City Council March 1, 2007. This property is not within a recorded subdivision. The Engineering Department will review the easements prior to recording.

Ray said staff is in agreement of this request.


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Assistant City Attorney Joseph Farnsworth said the reason for this request is to make sure it is one lot.

Zach Reinstrom with Bush & Gudgell said the lot merger has already been submitted to the City.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval subject to staff comments and contingent on the optional merger. Commissioner Nobis seconded the motion. All voted aye.



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

A. 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.
(This item was last heard at the July 22, 2008 PC meeting).

Planner Craig Harvey said this item was last heard by Planning Commission on July 22nd of this year. It was tabled due to the application for the Zone Change to be incomplete for the following reasons:

1. A formal written text was not submitted as per Ordinance 10-8-4 (A through M) in the proper format.
2. A formal landscape plan was not provided.
3. Formal renderings and elevations for phase 2 showing the four (4) story buildings not provided.
4. Formal renderings and elevations for Phase 3 buildings not provided.
5. Samples/swatches of materials and colors were not submitted.

Acting Chairman Bracken asked if staff was comfortable with the parking spaces for the uses for this site. Craig said they would be.

Craig presented staff 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
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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.

Marv Blosch the applicant spoke on the parking ratio for assisted living versus independent living.

Marv said the buildings facing Dixie Drive will look as 2-1/2 story due to the 12 ft. drop in the elevation from Dixie Drive.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of 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) with staff comments. Commissioner Nobis seconded the motion. All voted aye.

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B. Consider a zone change from M-1 (Manufacturing) to C-3 (General Commercial) on 2.43 acres. Located at the southwest corner of 750 North and 3050 East Street (south of Costco). The applicant is Mr. Bruce Keetch. The representative is Mr. Jeff Randall of Great Basin Engineers. The project is American First Credit Union. Case No. 2008-ZC-019

Community Development Director Bob Nicholson said this request to change the zone from M-1 to C-3 General Commercial. This site is the proposed American First Credit Union. The site is 2.43 acres and they meet the setbacks that are required for the C-3 zone. They are proposing drive-thru lanes and 2 driveways off 750 North Street.

Bob stated staff comments:

1. The proposed use is a new America First Credit Union.
2. The proposed site plan shows 2 drive ways off 750 North Street, and ample parking. There will be 6-7 drive-thru lanes also. The site plan appears in order.
3. A right in and right out only driveway is requested by staff for the driveway closest to 3050 East Street.
4. Comply with City Traffic Engineering requirements.
5. Staff recommends approval of the zone change request and feels amending the General Plan is unnecessary due to the commercial zoning across the street to the north and the commercialindustrial nature of the general area.

Shari McTiver from Citys Traffic Department said one of their accesses on the corner of 750 North and 3050 East is a little bit too close. So what they are proposing is a median lane in the center of 750 North.

Dee Hansen is the real estate broker for this project. The drive-thru will be the typically 4-lane which is far enough away from the building so it does not disturb the bank business at all. Dee asked about the restrictive access.


MOTION: Commissioner Nobis made a motion to recommend to City Council approval of a zone change from M-1 (Manufacturing) to C-3 (General Commercial) on 2.43 acres located at the southwest corner of 750 North and 3050 East Street (south of Costco) with staff comments. Commissioner Taylor seconded the motion. All voted aye.

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REVIEW / DISCUSS

A. A review and discussion of Chapter 13, Article E Density Bonus Overlay Zone.

Community Development Director Bob Nicholson presented this item to the board for review and discussion.

B. A discussion of Planning Commission meeting scheduling in September. The ULCT (Utah League of Cities and Towns) conference is Wednesday September 10th through Friday September 12th. Most attendees will travel on Tuesday evening September 9th (to arrive the night before the meeting begins). September 9th is the second Tuesday. Shall there be two (2) meetings in September or combine the 9th and 23rd into only one meeting (September 16th) in that month?

It was decided to have only one meeting in September and it would be held on September 16th at 4:00 p.m.

MINUTES

Consider approval of the Planning Commission minutes for May 27, 2008, June 10, 2008, June 24, 2008, and July 8, 2008.

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