Planning Commission Minutes

Tuesday, August 26,2008



CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
PLANNING COMMISSION
August 26, 2008 4:00 p.m.


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

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

Consider approval of a road dedication plat for 2640 East Street and 2710 East Street Located on the south side of Crimson Ridge Drive at approximately 3450 South. Case No. 2008-FP-036

City Project Manager Todd Jacobson presented the road dedication plat into record. He indicated that the final plat was reviewed by City staff and meets all preliminary plat conditions and approvals.

MOTION: Commissioner Burks made a motion to recommend to City Council approval of the road dedication and authorize Chairman to sign. Commissioner Nobis seconded the motion. All voted aye.


PRELIMINARY PLAT

Consider a preliminary plat request for Painted Desert Professional Plaza with six (6) commercial building pads located at the corner of 2450 South and River Road. The owner is Ence Homes and Mr. Eric McFaden of Premier Design Engineering is the representative. The zone is PD-COM (Planned Development - Commercial). Case No. 2008-PP-018

City Assistant Engineer Jay Sandberg said this request is for a 6-unit professional office complex on 2.44 acres. Jay presented a slide presentation on the location of the site and spoke on the line of site and placement of the access points. On July 10, 2008, the City Council approved the PD-COM (Planned Development Commercial) zone. There was considerable discussion about the height of the buildings and the landscaping adjacent to Painted Desert Townhomes. The City Council approved the development unanimously with the following items:

1. The units must be professional office, with no retail uses allowed.
2. The construction must be single-story with stucco and stone exteriors and tile roofs with a residential look similar to the buildings at Sunland Drive and Riverside Drive and not exceed 22 in height.
3. Access is from 2450 South, the first entrance shall be right in only, the second entrance may be a full access (subject to the location being worked out by City staff for safe sight distance.
4. A deceleration lane is to be dedicated on River Road.
5. The pad grades adjacent to River Crest will be within one foot of the River Crest elevations.
6. Cross-sections showing the elevation grade change between River Crest and the development must be approved with the Preliminary Plat.

Jay went on to say that the access for this site has been difficult because of the geometry of the existing 2450 South. Staff is still working with the developer and their engineer to refine the access location.

There was discussion on the landscaping next to the access points and the need not to obstruct views at entrances.

Commissioner Nobis asked about the cross-sections. Jay explained the height of the grades versus the grade of the existing subdivision.

Tyler Hoskins spoke on the curve of the road on 2450 Street. He indicated that it is a sub-standard curve. He said it was suggested to the City to have them design the access to what is already there.
MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a preliminary plat request for Painted Desert Professional Plaza with six (6) commercial building pads located at the corner of 2450 South and River Road based on the access location that staff has designed and staff comments. Commissioner Hullinger seconded the motion.

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

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 680 square feet. The guesthouse living space would include a bedroom/living room, bathroom, and a wet bar (small sink, microwave, and under counter refrigerator). The applicant intends to provide accommodations for temporary out-of-town guests. The property is located at the corner of Cobalt Drive and Stone Canyon Drive in the Stone Cliff Subdivision. Mr. David Jenson is the applicant and representative. The zone is PD-RES (Planned Development Residential). Case No. 2008-GH-005

City Planner Craig Harvey presented this item. He said this location does not have an address assigned to it just yet but is approximately on the corner of Cobalt Drive and Stone Canyon Drive in the Stone Cliff subdivision. Craig presented the intent of the guest house ordinance. The applicant has signed the necessary deed restriction. Craig said staff supports the applicants request and recommends approval.

Assistant City Attorney Joseph Farnsworth said if Planning Commission decides to approve this application then the board will need to give reasons to allow the exception to the 400 sq. ft. requirement.

Commissioner Read asked the applicant why the guest house needs to be larger than the required minimum square footage.

David replied the reason is due to the design of the building. If they eliminate the corner it would make it 400 sq. ft.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of 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 680 square feet. Commissioner Burks seconded the motion. All voted aye.

REDUCED SETBACKS

A. Consider the reduction of the required ten foot (10) rear yard setback to a four foot, six inch (4-6) rear yard setback. This request is to allow the construction of a Beer Cave addition to the current retail building. The project is Maverick Beer Cave Addition. Mr. Don Lilyquist is the representative. The site is located at the northeast corner of Sunset Boulevard and Dixie Drive. The property is zoned C-3 (General Commercial). Case No. 2008-RS-003

City Planner Craig Harvey said this is a request to construct a Beer Cave addition to the current retail building. The applicant is Maverick Country Stores, Inc. This request is to ask for a reduction of the rear yard ten foot (10) setback to a four foot, six inches (4-6) rear setback. Craig pointed out the ordinance 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. The Beer Cave will add 460 sq. ft. to an already existing building of 3,270 sq. ft.

Craig said the addition will remove two existing parking spaces from the current parking configuration against the building; however the addition will help the four spaces against the street side rear to be better defined. There are no concerns with the public utilities. Craig stated that staff recommends approval providing the applicant will obtain a letter of permission from the waste management company to allow parking in front of the dumpster and that the letter must accompany the building permit application. All exterior finishes of the Beer Cave addition will match the existing building.

Commissioner Campbell questioned approving a reduced setback unless the applicant can demonstrate a hardship.

Community Development Director Bob Nicholson replied this zoning provision came into place 15 years ago. Before that the applicant took their request to the Board of Adjustment where they had to prove a hardship. But there were so many reduced setback applications coming forth that it was decided to have the requests come before Planning Commission instead. Often the ten foot rear yard areas became weed strips, so unless the ten foot area is needed for utilities, the Planning Commission has often approved the reduced rear or side setbacks.

Assistant City Attorney Joseph Farnsworth said Planning Commission needs to consider why the setback would not be necessary for this particular location when others are considered necessary.

Commissioner Campbell spoke on the reduced setback and being adjacent to another commercial building. He said maybe this could be conditioned on having the consent of the building department and the Fire Marshall for this reduced setback.

Don Lilyquist the applicant said the addition that was added previously is closer to the fence and to the building north of them then this request that is before them today. Where he wants the reduced setback it is closer to the north of them and he believes that is just a road or a parking lot behind them. He does not believe there will be building directly to the north of them.

MOTION: Commissioner Taylor made a motion to approve the reduction of the required ten foot (10) rear yard setback to a four foot, six inch (4-6) rear yard setback. This request is to allow the construction of a Beer Cave addition to the current retail building seeing there is an existing building that is currently constructed to a zero setback and there are no problems identified which results from that construction. They are able to meet the parking requirements for this addition and he believes these reasons are sufficient to approve this reduced setback. Commissioner Read seconded the motion with two additional conditions; 1) to have the Citys Building Dept. review it so it will not impact what may be build behind them in the future and 2) have it approved by the Fire Marshall. Commissioner Taylor accepted that in the motion and also added staff comments; to have the building match the existing aesthetics and obtain a letter from the Waste Management for trash removal. All voted aye.


B. Consider the reduction of the required side yard (South) setback to a six foot nine inch (7-4) side yard setback and a reduction of the required ten foot (10) minimum rear yard setback (West) to a five foot eight inch (7) 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 (Note: this was previously tabled at the Aug. 12, 2008 PC meeting.)

City Planner Ray Snyder pointed out that this item and the next item (Conditional Use Permit) are related. He said this first item is only for Planning Commission approval.

Ray said this request for a reduced setback is to allow construction of an underground parking lot structure. 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 parking structure and the existing 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. At this time Ray presented a fly-by presentation.

Commissioner Taylor asked about the power pole and how that will be treated.

Lynnette Miller with Rosenberg & Associates replied on the south side of the property where the parking structure is coming out of the ground there is an existing power line she believes it is servicing lights over by the freeway. The applicants will be putting in transformers on the northeast side of the project and the power pole will go away. But, they will need to tie in and service some existing traffic lights.

Paul Warnock architect on the project said he was informed that anything they can do to reduce the height of the building and increase the setbacks they would be allowed. They were able to find another 6 ft. for the reduction of the height of the building and the setbacks on the south side were 6 ft. 9 in. and they were able to increase them to 7 ft. 4 in. and to the rear on the west side it was 5 ft. 8 in. was increased to 7 ft..

City Planner Ray Snyder pointed out the letter from the Citys Traffic Dept. Basically it is saying that the Traffic Impact Study has been completed. Ray read parts of the letter into the record.

Tyler Hoskins spoke on the Citys review of their traffic report. He said on Tabernacle and 1000 East if you try to make a left turn there it fails. The question is how that gets resolved. He thinks there are only two options; 1) put a traffic signal or 2) restrict the left turns. His opinion is if you do nothing there then people will go some other route to get to St. George Blvd.

City Traffic Cameron Cutler said he has discussed this with City staff and said the issue that Tyler Hoskins mentioned in his TIS on the Level of Service he states statistics for existing traffic and growth traffic without the project and growth traffic with the project.

Acting Chairman Bracken said his main concern is the fact that medical buildings create more traffic than a normal office building. The medical buildings in town are full and people have a hard time finding a parking space.

Sandra Call said she owns part of the property in the cul-de-sac. She did pick up a traffic study and she would like to point out that the traffic study was done in June before classes started at the college. Plus there will be a building on the corner. She feels parking will be an issue.

Tyler said based on the counts they have done he does not feel that having school in session or not in session would not change the numbers that are currently listed.

MOTION: Commissioner Campbell made a motion to approve the reduction of the required side yard (South) setback to a seven foot four inch (7-4) side yard setback and a reduction of the required ten foot (10) minimum rear yard setback (West) to a seven foot (7) rear yard setback. This request is to allow construction of an underground parking lot structure based on the fact that the two setbacks have been diminished from the early proposal and does not seem to create any problems with the setbacks for other development. Commissioner Burks 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 (Note: this was previously tabled at the Aug. 12, 2008 PC meeting.)


MOTION: Commissioner Campbell made a motion to recommend to City Council approval of 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). Commissioner Burks seconded the motion.

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


DETERMINE USE

Determine whether an indoor family Ice Skating Rink 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. Dave Stanley and Mr. James Mitchell are the applicants. Case No.2008-DU-004

City Planner Ray Snyder presented the determined use for an ice skating business. This would be operated on Monday through Thursday from 5:00 a.m. to 11:00 p.m. On Friday and Saturday they will operate at 5:00 a.m. to midnight. Ray spoke on the narrative the applicant gave to describe his business. This request will affect the entire M-2 zone. Ray pointed out this building they are looking to use was approved back in March 16, 2006 by Planning Commission for an -indoor go-cart track which has since gone out of business.

James Mitchell the applicant said this business would be in a temporary location in order to see if this would have enough interest in residents to continue on. He said if it does well here then they would look for a permanent location. He spoke on the number of people who would use the rink at any given time.

MOTION: Commissioner Hullinger made a motion to approve an indoor family Ice Skating Rink is similar to and in harmony with a recreational enterprise use which is a conditional use in the M-2 industrial zone. Commissioner Taylor seconded the motion. All voted aye.


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

Consider a zone change amendment to an existing PD-RES (Planned Development Residential) zone. The site is on approximately 2.81 acres. Located at the northeast corner of Tonaquint Drive and Mesa Palms Drive (2041 South Mesa Palms Drive). The applicant is Sunset Development and Mr. Dan Steurer is the representative. The project is Beehive Homes Subdivision Amended. Case No. 2008-ZCA-020

Planner Ray Snyder said this is to consider a zone change amendment to a PD. Ray presented aerial views of the location. This request modifies the site plan to accommodate the relocation of the clubhouse to a more central location on the property. As a result of this change the applicant wishes to provide sufficient room to construct another duplex on the site.

The applicant does not wish to merger the lots. Ray stated the conditions; 1) the adjacent plat (the two existing assisted living buildings) shall be amended to provide a minimum of an eight foot (8) side yard setback to property line with the proposed Unit 10 and 2) all standard conditions shall apply (setbacks, parking, lighting, etc.).

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval of a zone change amendment to an existing PD-RES (Planned Development Residential) zone. The site is on approximately 2.81 acres located at the northeast corner of Tonaquint Drive and Mesa Palms Drive (2041 South Mesa Palms Drive.) Commissioner Taylor seconded the motion. All voted aye.

Meeting adjourned at 5:51 p.m.