Planning Commission Minutes

Tuesday, January 13,2009

January 13, 2009 4:00 P.M.

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

CITY STAFF: Assistant City Attorney Joseph Farnsworth
Community Development Director Bob Nicholson
Planner II Ray Snyder
Planner I Craig Harvey
Engineer Jay Sandberg
Secretary Gail Williams

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

A. Consider approval of a road dedication plat for Blue Grass Way. This is required for connection into Pioneer Road. It will provide a 66 ft. right of way (ROW) approximately 950 linear feet in length. The ROW is located in Sun River. The owner is Integra Group L.C. and Mr. Darcy Stewart is the representative. The zone is PD (Planned Development). Case No. 2008-FP-043.

B. Consider approval of a final plat for McArthur Landing Amended to add an additional commercial unit to the second floor by converting two existing units into three (change units 203 and 204 into 203, 204, & 205). The site is located at the intersection of Riverside Drive and River Road. The representative is Rosenberg and Associates. The zone is PD-COM (Planned Development Commercial). Case No. 2008-FP-047.

C. Consider approval of a final plat for Silkwood Phase 1 with twelve (12) single family residential lots. The site is on 4.311 acres. Located at Little Valley Road and Crimson Ridge Road in the NW corner of Section 15, T43S, R15W SLB&M. The applicant is Southeast Quarter LC. The representative is Mr. Roger Bundy. The zone will achieve R-1-10 (10,000 square foot minimum lot size); 3.2 du/ac density by means of a development agreement with the density bonus program applied and installation of site amenities. Case No. 2008-FP-049.

D. Consider approval of a final plat for Silkwood Phase 2 with fourteen (14) single family residential lots. The site is on 3.499 acres. Located at Little Valley Road and Crimson Ridge Road in the NW corner of Section 15, T43S, R15W SLB&M. The applicant is Southeast Quarter LC. The representative is Mr. Roger Bundy. The zone will achieve R-1-10 (10,000 square foot minimum lot size); 3.2 du/ac density by means of a development agreement with the density bonus program applied and installation of site amenities. Case No. 2008-FP-050.

City Project Manager Todd Jacobsen said the final plats can be taken as one motion. Todd read the final plats into record.

Commissioner Read asked about parking on the Silkwood Phase 1. It was stated that no additional parking would be needed as it is the same use.

MOTION: Commissioner Campbell made a motion to approve item 1A, 1B, 1C, and 1D and authorize the chairman to sign. Commissioner Read seconded the motion. All voted aye. Motion passes.

Consider a request for a shared parking agreement for a new caf/deli to be located at 700 East St George Blvd. Mr. Fred Topalian, applicant. The property is zoned C-3 (General Commercial Zone). Case No. 2009-SHP-001.

Bob Nicholson presented this project. This is the former location of the Camera Country store. The entire building floor area is 4000 sq. ft. and the applicant proposes to put half of the building into a caf/deli and use 2000 sq. ft for office. The 2000 sq. foot location for the deli would require 20 parking spaces and the 2000 sq. ft. for the offices would require 8 parking spaces. Mr. Topalian has 24 off street parking spaces to the north side of the building. Mr. Topalian would like to share 4 spaces with Mr. Habibian, the property owner to the north. There is a notarized agreement for parking cross easements dated November 14, 1995 between Frank Habibian and Fred Topalian.

Commissioner Read asked if some peak use times would interfere with Mr. Habibian and his school.

Joseph Farnsworth, Assistant City Attorney said shared parking facilities would come under 10-19-9 Optional Provisions which states the requirements for shared parking facilities .Mr. Farnsworth suggested that if the parking agreement has not been recorded, then it should be recorded with Washington County. It would therefore be binding upon the property. Mr. Topalian said he will record the original agreement. Commissioner Campbell asked how we know that there are 4 extra stalls. Bob Nicholson replied that when it was a hotel, the requirement was one parking space per room plus two for the manager. Currently Red Rock Canyon School has no students that drive as it is a closed campus. It is only visitors and staff using the parking lot.

Fred Topalian said the deli will be closed by 2:00-3:00 p.m. and parking should not be an issue as far as the school meeting times.

Anytime the usage changes, Assistant City Attorney Joseph Farnsworth said they would have to come before Planning Commission again for reconsideration of the shared parking issue.

MOTION: Commissioner Read made a motion to approve item # 2 and specifically note that they are approving Mr. Topalians use of four spaces for his caf/deli on Mr. Habibians property and that they dont need a shared parking agreement to that end because the current agreement is even over and above what they are requiring and that staff will report back next meeting on the finding of the standard used in other similar properties. Otherwise he thinks a peak use analysis would need to be done at a future meeting. Motion seconded by Commissioner Hullinger. All voted aye. Motion passes.

Consider a request for a conditional use permit to establish and operate Aztec Auto a limited wholesale car lot proposed to be located at 69 North 100 East. The requested maximum number of vehicles to display would be four (4). The applicant is Mr. Robert Judd. The zoning is C-4 (Central Business District Commercial Zone). Case No. 2009-CUP-001.

Ray Snyder presented this request and showed photos of similar type of businesses across the city. The proposed location for Aztec Auto is in a C-4 zone. The existing 15 ft. access at this particular location would not be acceptable by todays standards as it would have to now be a 25 ft. access. Ray stated that tonight we are talking about only the asphalt area for parking. There are not stripes on the lot. This request is for a limited wholesale car lot and the state law requires that they need to have a location to sell 3 to 4 vehicles. Mr. Judd envisions two to three cars a month at this location. It is the staff opinion that Mr. Judd would do business through word of mouth, friends, newspaper and internet. There are about 14 parking spaces on the site. In reality, Ray thinks that 5 or 6 parking spaces would be more realistic for the needs of this business.

Commissioner Read asked about the parking space numbers and Ray stated that for perpendicular parking, the parking spots would need to be 9 ft. wide and 18 feet deep. The same owner owns all of the buildings at this location.

Mr. Judd came to the podium. Commission Read asked if he has done business from this location. Mr. Judd said no he has not worked out of this location. Commissioner Read asked if Mr. Judd had asked the other renters their opinion about his proposed business, the answer was no because Jerry Jensen had asked Mr. Judd not to speak to them about this.

Commissioner Taylor asked if mechanical work will be done at this location. Mr. Judd stated that no mechanical work will be done at this location. Washing and cleaning of the cars would probably be done off site.

Mr. Judds main concern is that he has spots to park and display 4 vehicles so he can have his state license.

Councilwoman Gloria Shakespeare stated that the City Council will be looking current ordinances regulating car lots in the city in the near future.

Assistant City Attorney Joseph Farnsworth reminded the Planning Commission to think of what, if any, negative impacts this use would cause and detail how those negative impacts be mitigated.

MOTION: Commissioner Nobis made a motion to approve item #3 CUP. Noise, dust, odors, aesthetics, safety, traffic, height, hours of operation, saturation of spacing, maintain character and purpose of the zone and public health would not be issues. Commission Hullinger seconded the motion.

Discussion: Commissioner Read wanted to look at 10-10-5 sub-section H Sales Lots for Automobiles and he wondered if this is where the parking stall striping issue came from and if all the issues in this sub-section are covered for this project. He also asked about signage and Ray stated that it will be reviewed by Code Enforcement once an application is received.

All voted aye. Motion passes.

Consider a request for a hillside development permit for the construction of a two-story storage building. The site is on approximately 4.74 acres. The building site footprint is 4,000 square feet. The owner is Paydirt Properties, LLC, the applicant is Mr. Jason Vowell, and Brown Consulting is the representative. The property is presently zoned C-3 (General Commercial) with a deed restriction. Hillside Permit Case No. 2008-HS-011.

Ray stated that this is a three story office building on Bluff. The owner is requesting construction of a two story storage building. They are hoping to get a Hillside Development Permit tonight. They will not exceed what is allowable.

Assistant City Attorney Joseph Farnsworth stated that the deed restriction for that area is that it solely be used for parking. He is not sure if that has been recorded. If it has not, his suggestion is that the deed restriction should be resolved and recorded before this goes before City Council. Kelly Schmutz stated that it has not been recorded at this time. Bob Nicholson stated that one option would be to have the deed restriction question on the city council agenda next week.

Joseph Farnsworths recommendation is to either table this item for city council to clarify the deed restriction or approve it subject to the Councils clarification. He feels the first option is the best option.

MOTION: Commissioner Hullinger made a motion to table this request until it goes to City Council. Motion seconded by Commissioner Nobis. All voted aye. Motion passes.

Consider a zone change from R-1-8 (Single Family Residential 8,000 square foot minimum lot size) to PD-RES (Planned Development Residential) on approximately 24.66 acres. The project is Palomar Assisted Living. The applicant is P&L 777, LLC and Mr. Rick Wood is the representative. The site is located at approximately 1980 East Riverside Drive. Case No. 2009-ZC-001.

Craig Harvey presented this zone change. The current zone is R-1-8. The proposal is to build a 225 unit residential assisted living development consisting of 96 condominium units in two buildings, 14 four-plex buildings, 19 three-plex buildings and 8 duplex buildings for senior housing and assisted living services. The applicant proposes the project will be built in one phase due to infrastructure and other construction related costs. The density comes as 9.1 units per acre. The Planning Commission can recommend to City Council the number of parking spots deemed adequate. They will have 144 parking spaces for the condo units and 129 parking spaces for all the other units. Landscaping and the shade tree ordinance approved trees will need to be complied with. A clubhouse consisting of 6000 sq. feet will be in the center of this project. Recreation open space must also be complied with for this project, it would be 49,000 square feet and this will need to be addressed since it wasnt on the site plan. All the streets will be public in the development. The condos will consist of two three-story buildings ranging from 44-50 feet tall to the top of the roof and the other units in the development will be single story units.

Staff comments would include landscaping concerns by the Citys Park Planning Department. The General Plan Amendment approved by City Council had a condition attached that they would be required to do a traffic impact study prior to any zone change approval. To date that study has not been completed, however traffic has given some comments that if they go with the project as shown, without a doctors office, they wouldnt need to do a traffic study. If they do add a doctors office, a traffic impact study would be required. Development Services has determined that they do need to do a new Preliminary Plat and a Final Plat for this project and that it will need to be reviewed by Planning Commission and City Council.

Staff has concerns regarding the condo building frontage on Riverside Drive. The buildings are 44-50 ft. tall. According to the site plan, the buildings would sit on a bench location approximately 20 feet tall at the farthest end and it declines to roughly 16 feet. The buildings would then have an overall height of approximately 65 to 70 feet tall. It would be a fairly imposing structure driving down Riverside Drive. The City would require a conditional use permit for any building over 35 feet in height unless its part of a planned development zone change. If you approve the zone change, then you approve the height of these buildings. There are high voltage power lines that cross the property. After speaking with the power and utility people, it was stated that the buildings would need to be a minimum of 20 feet away from the conductors. As the buildings are shown there is a possibility that they could conflict with the power lines and fall within the easement. Todd Jacobsen added on the rear drawing where the power lines currently are with the easement and based on that the site plan the buildings would be out of the easement approximately 40 ft.

The Planning Commission could recommend the applicant show how the buildings would look from Riverside Drive, possibly using photo simulations. They could also recommend the applicant locate the condo building elsewhere on the site to minimize the overall viewing height of the structures from Riverside Drive. Development Services is concerned with the rockery walls, not shown in the conceptual plan. The options today are to approve the project as presented, table it to allow the applicant to provide more information, or to deny the approval at this time.

Mr. Rick Wood came forward as the representative for Palomar Assisted Living Services. They know that the rock walls will need to have modifications but not a total infrastructure re-grading. The builder, design engineer and civil engineers agree. They also all agree that the power lines will fit. They are now in the conceptual stage and they will have it available in the civil engineering process in the final plat which will be to scale and off sets will be perfectly aligned. He did not hear before tonight that the height of the project with the build up of the bench area would be a concern. That would have take re-grading of the bench and they could lower the building if it was too overwhelming.

Commissioner Taylor commented that the total combined height was of concern to him and that he was glad that Rick Wood could consider bringing that height down to a lesser height. Rick said this is not something they want to do but that they could do it if they needed to, although it would not be cost effective. The original plan calls for a lot of landscaping in the front area which would hide it for the most part. It would still be tall but very attractive and he thought it would be well received in the area. Commissioner Campbell stated that this style of architecture emphasizes height. It is a grandeur, height emphasized structure set on a knoll. It is not architecture indigenous to southern Utah. Mr. Wood stated that the style is French Country. Commissioner Read asked if he had issues with the park department suggestions. Mr. Wood stated that he knows they will need access to the potential park and that modifications can be made to trail access.

Acting Chairman Ron Bracken stated that the public hearing on this item is now closed. Commissioner Campbell asked if they approve the zone change, does that mean they approve the elevations and height. Joseph Farnsworth, Assistant City Attorney said yes, because this application is for a PD zone, they would be approving all of it. They must weigh if this is in the best interests of the city for this area.

Commissioner Taylor stated that multiple issues are of concern such as rockery walls, power lines, height of the building, and the trail access. He would like these issues to be tabled and addressed at a later meeting. Commissioner Campbell suggested some cross sections through the site be done, possibly from the top of Foremaster and coming down River Road and the plateaus of that building down to the river to see how this is scale is going to be or possibly even having a fly by done to show the height in relation to the contours. He highly suggested that the architecture have more of a horizontal motif in this section of town.

Motion: Commissioner Taylor made a motion to table this with the additions and have it addressed at the next meeting. Motion was seconded by Commissioner Nobis. All voted aye, motion passes.

A clarification was directed toward Commissioner Campbell regarding photo simulations. He stated that photo simulations and cross sections could work if it shows the relationship from top of Foremaster down to River Road, across the plateau and down to the river. If that is not able to do it a fly by may be needed.

Consider a zoning regulation amendment to the City Zoning Regulations, Title 10 Zoning Regulations, Chapter 2 Definitions, Section 10-2-1 Zoning Definitions to define an Equestrian Therapeutic Center and to amend Title 10 Zoning Regulations, Chapter 7 Residential Zones Article A Residential Estate Zones, Section 10-7A-3 Conditional Uses to include Equestrian Therapeutic Center as a conditional use permit. City of St George applicant. Case No. 2008-ZRA-003. (Note: associated Case No. 2008-CUP-014 / Dual King Ranch).
Ray Snyder presented the amendment. He brought up the new proposed language from 10-2-1 and the new proposed language for 10-7A-3 RE Zones. Tonight is a language issue for changing the ordinance.

The applicant, Mr. Bergren, came to the podium. He would like to expand his services since they have the ability and the facility to provide these needed services within the community. This will be life skills based within the property. As a condition of the licensure, they need to have this conditional use permit granted for them to become a licensed mental health facility. They will be servicing the students of the schools within Washington County. He also feel that the in town location would be an advantage for them to become successful with this program.

Commissioner Read asked if Mr. Bergren agrees with the new proposed language in the definitions and he stated that he totally agrees with it. He feels equestrian arena it is broad enough for the RE zone and yet also specific enough. Commissioner Taylor said that is the subject of his concern, that without specific standards you can create in your mind something to meet these conditions and it could look entirely different than Mr. Bergrens situation. Mr. Bergren responded that his is a unique project in a unique setting.

Bob Nicholson stated that this is for day use only. If the arena is defined as 6 acres, this would have everything they need.

Commissioner Taylor would like us to go backwards and be sure this is what we really want within the city limits.

Mr. Bergren stated that he has a strong proven track record for success with these students and he had hoped that he could show this on the site visit by planning commission members. He also wanted to stress that his target number is 10 active participants.

Councilwoman Gloria Shakespeare would like to see more information to get it better defined.

Commissioner Nobis questioned how many properties would meet the new stipulation of a 6 acre arena. Acting Chairman Ron Bracken thinks that only a handful of cases would probably be involved.

Bob Nicholson thinks the four most important words in this ordinance are that no overnight stays are permitted.

Commissioner Nobis asked if we would need this hearing to be republished if the 6 acre limit is put into it? No it would not need to be renoticed per Assistant City Attorney Joseph Farnsworth.

MOTION: Commissioner Read made a motion to approve this with the provision that added in is the 6 acre definition of what constitutes an equestrian arena and note that under the conditional use ``Section 10-7A-3 that numbers are 15 participants with appropriate staff. Motion was seconded by Commissioner Burks. All voted aye. Motion passes.

Consider a zoning regulation amendment to the City Zoning Regulations, Title 10 Zoning Regulations, Chapter 8 Planned Development Residential Zone, Section 10-8-5:D.1.a(1)(C) to add a provision to allow for an alternate TND public street cross-section with 55 ft. public right-of-way and a reduced setback to a front porch where deemed appropriate by the City Council. Case No. 2009-ZRA-001.

Bob Nicholson stated that the TND zone requires a minimum area of 40 acres. He showed slides of other projects. St. George City is considering 5 foot wide sidewalks, 6 foot wide planter strip between the sidewalk and the curb. The homes can be quite close to the street, which orients the focus back to the street and this is how the cities used to be developed before the suburban sprawl.

Commissioner Taylor feels that the concept is attractive but that perhaps the reality would be a tough situation. He appreciates what it does, but is struggling with how to adopt it. Bob Nicholson, Community Development Director, said that the TND street cross section is intended to be used in fairly limited situations where you have a maximum of 50 houses or 25 on each side. What it forces you to do is slow down to work your way through the neighborhood.

Councilwoman Shakespeare also was concerned due to the streets being narrower and she questioned where everyone would park. She and Commissioner Burks see mass transit as the key for these projects. Bob Nicholson said that the code has a 36 setback between the curb and gutter and the garage. You could park in front of the garage. This road standard requires a different mind set and you just have to slow down, it is a way of traffic calming.

Commissioner Taylor stated that no roll up gutter should be used. Bob said a standard high back curb would be used and then youd have the 6 foot planter and then the sidewalk. Commissioner Nobis sees the problem that it is financially less attractive to develop this type of neighborhood.

Bob Nicholson said that on January 29, 2009 at 4:00 p.m. there will be a work meeting to which the Planning Commission is invited to the City Council and that TND could be added to the agenda.

This item was continued until after the work meeting on January 29, 2009.

A. Director Bob Nicholson will give a presentation on proposed changes to the C-4 zone. Case No. 2009-DI-001.
Bob Nicholson stated that this item has two parts: to expand the boundaries of the C-4 zone and to look at the uses in the commercial zones. The current C-4 boundaries extend from 100 West Street to 500 East and from 200 North Street to either 100 South or Tabernacle Street on the south. The purpose of the C-4 zone is to allow for uses and site development standards typical of a Central Business District.

The new State Courthouse is a major anchor in the downtown and will basically shift the central business district to the west and will promote revitalization. The C-4 zone is generally more restrictive than a C-3 zone.

The C-4 zone also does not require a setback from the front property line. The buildings would be built at the property line or within 10 feet. Per Commissioner Campbell and Bob Nicholson the County has bought a number of properties along 1st west which could be used for law offices. Commission Taylor asked what the border line would be for this new area. The answer was that it would be about of the block and the transition would be along the back property line. This is where the Town Square and Library now is located. You would still have a row of homes along the north side of 1st South.

A C-4 zone is more residentially friendly than a C-3 zone per Bob Nicholson. He stated that the City will be sending out letters to the property owners and getting opinions before the public hearing takes place in two weeks.

B. Planner Craig Harvey will give a presentation on the Cache Valley Plan. The Cache Valley Plan was developed to provide a planning foundation for the Cache Valley 2020 Vision Committee. The Plan worked through several scenarios showing how the projected population growth can be accommodated without sacrificing critical agricultural lands for development.

This was postponed until next meeting.

Consider approval of the Planning Commission minutes for November 18, 2008 and December 9, 2008.

MOTION: Commissioner Taylor made a motion for approval of the minutes of November 18, 2008 and December 9, 2008 with minor corrections. Motion was seconded by Commissioner Campbell. All voted aye. Motion passes.

MOTION: Commissioner Nobis made a motion to adjourn and it was seconded by Commissioner Hullinger. All voted aye. Motion passed at 7:27 p.m.