Planning Commission Minutes

Tuesday, June 23,2009



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
June 23, 2009 5:00 P.M.


PRESENT: Acting Chairman Ron Bracken
Councilwoman Gloria Shakespeare
Commissioner Ross Taylor
Commissioner Chapin Burks
Commissioner Julie Hullinger
Commissioner Ron Read
Commissioner Kim Campbell



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

EXCUSED: Commissioner Michael Nobis


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

1. CONSENT ITEMS FINAL PLATS

A. Consider re-approval of a final plat for Blackberry Court with six (6) single family lots. Located at approximately Mulberry Drive and Lupin Way at approximately 1050 West and 3700 South in the R-1-10 (Single Family 10,000 square foot minimum lot size) zone. Mr. Roger Bundy, R&B Surveying, representative. Case No. 2006-FP-110.

B. Consider approval of a road dedication plat 270 East & 1670 South Road. Located on the north, east, and south sides of the Dixie Center in the C-3 zone. Mr. Scott Woolsey, Alpha Engineering, representative. Case No. 2008-FP-019.

These items were presented by Bob Nicholson, Community Development Director. He said the items could be considered together.



Item A is simply a re-approval. This plat was originally approved by the Planning Commission in February of 2007. It went to the City Council on February 15, 2007. This is almost two and a half years ago. Our ordinance says that after a year they expire. Bob said that he, as the Community Development Director, can grant a six month extension. However, once it has gone as long as this project has, they must come back for re-approval.

This is the same plat, R-1-10. Within the past month we had a zone change for the area to the south, for Blackberry Court Phase 2.

This is the plat for Phase 1 and staff recommends approval.

MOTION: Commissioner Campbell made a motion to approve item 1-A. Motion was seconded by Commissioner Burks. All voted aye, motion passes.


MOTION: Commissioner Campbell made a motion to approve item 1-B and authorize the chairman to sign it. Motion was seconded by Commissioner Taylor. All voted aye, motion passes.

2. PD ZONE AMENDMENT PUBLIC HEARING (5:00 P.M.)

Consider a request to modify the list of approved uses for the Sunbrook Ranch PD Commercial zone located at 415 South Dixie Drive by adding dances for the general public to the list of allowed uses. Ms. Andrea Riggs, applicant. Case No. 2008-ZC-017.

This request was presented by Bob Nicholson, Community Development Director.

Background: On Sept 4, 2008, the City Council approved a zone change for this property from M-2 (Manufacturing) to PD-COM (Planned Development Commercial) and PD-RES (Planned Development Residential) for the 17.35 acre property. A variety of residential and commercial uses were approved for the property including indoor soccer, retail shops, fitness and wellness facilities, call center, assisted and independent senior living units, and other uses. The applicant, Ms. Andrea Riggs, has a business license to do dance lessons, dance instruction and operate a fitness business at this location. She would now like approval to also have dances in the evening open to the public from Monday thru Saturday until 12 midnight. The nightly dances would have a different focus each night, including Over 40s night, Salsa/Latin night, Country/Line Dancing night, 80s night, High School night, and Disco night.

Since this was not part of the original request or approval this proposed additional use requires approval from the City Council, upon a recommendation from the Planning Commission.


Property owners within 500 of the subject property have been notified of this public hearing so if the neighbors have concerns they have been invited to both the PC and CC hearings on this request.

Issues:
1. Neighborhood compatibility
Dances, if not adequately supervised with appropriate security can be a source of excessive noise and loitering late into the night. The applicant states she will have the necessary security for weekend events which are geared toward younger groups. Also, the applicant mentions the possibility of having some event with a band outside, but moving it inside at dark. This has the potential for creating too much noise for the neighbors, so staff suggests that all dances and music be done indoors.

2. Parking
The property has been approved for a variety of uses although at present there are very few up and running. The indoor soccer has begun and is approved for nightly soccer. The dance assembly area is approximately 4,900 sq ft which could accommodate a large number of persons.(capacity cannot exceed 950 under the Fire Dept occupancy limits). However under the city parking standards, there must be at least one parking space for every 3.5 persons. Therefore an occupancy limit of 950 persons would require 271 parking spaces. Therefore the PC should recommend a maximum capacity limit based on facility size (ie, 4,900 sq ft) and the available number of paved parking spaces. There are 280 parking spaces on the premises.

3. Security
The applicant should agree to provide security beyond just the weekend if such is deemed necessary by the St George Police Dept.

4. Fire Code Requirements
Any approval should be subject to meeting the fire code requirements as set forth by Kevin Taylor, Fire Marshall. The applicant has summarized those requirements in her Addendum.

The hearing was opened to the public.

Andrea Riggs, applicant, came to the podium. She has had requests from clients to hold dances, which is why she would like to extend the hours. She feels that the community has a need for what she is requesting. If more security is needed, she is more than happy to work with that.

Commissioner Burks asked what she would do about concessions.



Andrea Riggs said she has nothing at the moment and has no plans for a restaurant.

Virgil Beck is a property owner behind this building. He has no problems with the dance concept; however the hours of operation are of concern to him. One of the entrances is 80 ft. from his back yard and he has two young grandchildren living with him.

Alia Adams came to the podium and said when they play the music she can hear it well. During the school year this is of concern to her.

Commissioner Burks has a question for staff regarding the ground signs all around. He asked if there is a plan for one sign.

Bob Nicholson said there are code violations that need to be worked out.

Marvin Blosch addressed the sign and said originally one sign advertised 4 different activities. They are looking at putting a sign on the building itself that is more explicit. Once you drive 50 ft. in the drive there is a directory sign. He would like to get rid of the smaller signs.

Marvin Blosch said it has been a year since they have been here. They are having difficulty getting their loan as the major source was HUD. They were hoping for an independent living facility in the front. They are still committed to the plans, just not as soon as they had hoped. He showed a rendition of the design of this building.

As part of the ongoing need to finance the property, he also mentioned that he will be presenting a lot split request to staff this evening, as he will not be in town personally in two weeks. This is a financing technique to allow them to go forward. They dont plan to sell the property or change their plans.

Commissioner Read commented on Andrea using the north and the south parking and he asked what would happen to the spaces on soccer evenings.

Bob said one option is to set a lower capacity for the dance. They have 280 paved parking spaces on site. A 950 person capacity would only leave 8 spaces for someone else. He doubts that 900 people would show up for a dance, but you do have to prepare for that scenario. Bob said between the indoor soccer and the dance, they will need to share the parking lot. The capacity may need to come down due to the parking that is available.

Marv said that 30-35 cars are most the indoor soccer has used.

Commissioner Read asked about the class sizes and if Andrea is doing anything in the evenings now.

Andrea said the aerobics would be 3 nights a week from 8:30 to 9:30. The class size thus far has been 6 people. She hopes an average class size would be 30-60 people.


Commissioner Campbell asked about the noise and if it will be a live band, a DJ or both.

Andrea said they have a sound system for now and for the events they would like to have local bands. Once a month theyd also like to have a DJ. They would not do this during the week. Andrea said the doors will also be closed during the dance, which will help with the noise level.

Commissioner Campbell asked if they could pick one door exit that would be conducive to the neighbors. Andrea said that was agreeable to her.

Virgil Beck came to the podium again and mentioned the trash he picks up from the soccer events. When soccer ends at 10:00 p.m., sometimes people linger until 10:30 p.m. and chatter outside. With a midnight ending, he anticipates people lingering until 12:30 and that is a concern.

Assistant City Attorney Joseph Farnsworth mentioned that if the Planning Commission and City Council do want to permit this as a use in this PD zone, then it does open the door for other mixed use PD zones.

Commissioner Burks asked if the soccer people had a deadline. Bob Nicholson said the time was 10:00 p.m. He asked if the soccer would now be able to go as late as they wanted, since it would be a permitted use.

Assistant City Attorney Farnsworth said the soccer was originally permitted under a Conditional Use Permit, where the time restriction was until 10:00. But now the zone has changed and indoor soccer is a permitted use in that zone. The restrictions under the CUP are no longer applicable

Marv Blosch said the noise can be controlled and monitored. They want to be good neighbors.

Commissioner Taylor said someone may want to meet with Mr. Beck.

The hearing was closed.

Alia Adams asked if the hearing could be re-opened. She had asked to view the petition to see which neighbors were on the list and then saw that Kris walked in the door. When she stated that his name was on the list, he was confused.

The hearing was reopened.

Kris Braunberger, 356 S Parkside Circle, came to the podium and said he doesnt understand how his name got on the list for approval. Andrea Riggs came to the podium and asked if that was his name that was signed on her sheet of names. Kris said his wife signed his name; however he is opposed to this proposal, based on the hours of operation and a concern of who may be loitering.

Commissioner Read asked if there are problems with the soccer.


Kris said some people loiter after soccer and his house is directly behind this. However his concern is the additional dances, especially if it is older teenager or younger adults. He has concern with what may be performed in the nighttime.

The hearing was closed.

MOTION: Commissioner Read suggested a site visit to meet Andrea and check out the level of the music used for a dance, shut the door and check the level from neighbors properties and open the door also to see what is going on. Other concerns could be addressed at this time.

DISCUSSION: Commissioner Taylor felt that was an excellent suggestion. He said in order for this to be a valid site visit, it may be well to visit around the time the soccer group ends in the evening to see the traffic situation and the lighting to see what impact this may have on the neighborhood. This could be a visual idea of what it would be with the dance group.

MOTION SECONDED by Commissioner Taylor. All voted aye and motion passes.

Acting Chairman Bracken clarified that this will be tabled until the next meeting and have a site visit. Bob Nicholson set June 30th at 7:00 p.m. as the meeting time on site in the parking lot.

3. CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit to construct a detached accessory gazebo that would exceed the fifteen (15) feet height limit for accessory structures. The approximate height is twenty (20) feet. The property is located at 2177 East 2480 South The applicant is Mr. Walter Brichaux. The zoning is RE 12.5 (Rural Estate 12,500 sq. ft. minimum lot size). Case No. 2009-CUP-012.

Craig Harvey presented this request. Slides were shown. This gazebo is partially finished at this time. Code enforcement had an action against him and he was building without a permit.

This structure will exceed fifteen feet (15) in height, thus necessitating the purpose of this conditional use permit request. The proposed building height of the gazebo is approximately twenty (20) feet.

Staff comments include the following:

1. The purpose for the gazebo is so the applicant can improve his property. The footprint and architectural design of the gazebo requires the height to exceed the allowed fifteen (15) foot limit.


2. The structure will be located approximately fifteen (15) feet from the home, five (5) feet from the side yard property line, and ten (10) feet from the rear property line.
3. Staff recommends approval.

Commissioner Burks asked if it met the set back requirements where it is now.

Craig Harvey said he would meet the setbacks on the back; however on the side he will need to get a waiver from JUC to have it where it is.

Assistant City Attorney Joseph Farnsworth stated the one regulation in the code states that in an RE zone you cant have two accessory buildings on adjacent properties closer than 10 ft.

Craig said the neighbor does not have an accessory structure in his yard.

MOTION: Commissioner Taylor moved to approve the CUP, item # 3A, as there is nothing in the comments to restrict it. Commissioner Campbell seconded it.

Assistant City Attorney Joseph Farnsworth asked for clarification on the findings.

Commissioner Taylor stated that for the conditional use permit the findings are that the areas of issue is appropriately mitigated and the gazebo will not contribute anything of a negative nature to the property or the surrounding property.

Acting Chairman Bracken asked Commissioner Campbell if he will accept this. The response was yes.

All voted aye, motion passes.

B. Consider a request for a conditional use permit to allow construction of an RV Boat and self-storage facility. The property is located at approximately 361 North Dixie Drive. The applicant is Mr. Jeff Chapman. The zoning is C-3 (General Commercial). Case No. 2009-CUP-011. Also; consider related Case No. 2009-BDCSP-002 (Building Design and Conceptual Site Plan).

Ray Snyder presented this request. He presented slides. The facility would consist of 137,900 sq. ft. in four buildings, a 1,750 sq. ft. leasing office, and a 1,628 sq, ft, storage area. Per Section 10-10-2 Permitted Uses a conditional use permit is required for a storage facility. Per Section 10-10-5(I) buildings with a large ground floor square footage exceeding 20,000 sq. ft. are subject to design review and approval by City Council. The facility would be available 24 hours a day, seven (7) days a week.

Parking is not required for a storage facility; however the proposed office will require parking at a ratio of 1:250 (one space per 250 gross sq. ft.). 1,750 sq. ft. / 250 = 7 spaces required. The project is designed with contemporary southwest influence utilizing concrete block, brick, and


synthetic stucco wall finishes. Metal roofs are proposed. Earth tone colors will be used. These were displayed behind the Commissioners.

Ray went over the building heights and the setbacks. They will need to build a 6 ft. wall adjacent to any residential property. This is shown on their plans. They will meet and exceed the new landscape requirements.

Comments: Based on the substantial work done to date on this proposed storage unit site, the City Attorney has ruled that the project is vested under the previous zoning requirements and is exempted from the new standards adopted by City Council for storage facilities on April 23, 2009. The basis for this ruling is the grading permit issuance and substantial cost already expended for the grading work and the previous meetings with staff at the various PSR (Planning Staff Review) meetings over the past couple of years.

The project must still comply with the zoning requirements in place prior to the April 23rd adoption of the new requirements. Therefore a CUP (conditional use permit) is required and the landscape requirements as well as other zoning requirements will apply, including the ten foot (10) wide landscape buffer strip and six foot (6) privacy wall requirement when adjacent to residential development.

A public trail is proposed to run along Half Way Wash bank near the west property line.

A leasing office will be manned by 2 -3 employees on site from approximately 7 a.m. to 7 p.m. Monday through Friday. Also staffing would occur on Saturdays and Sundays from 9 a.m. to 5 p.m.

Ray said that today he received a letter from the US Army Corp of Engineers, dated December 2008, to Mr. Chapman. It describes the project and location. Ray said they list 9 conditions to comply with, including mitigation of the wetlands. Ray said Mr. Rosenberg, the applicants engineer, would be able to address this later.

There is also a letter received by Mr. and Mrs. Kirkham and it was read into the record expressing their concerns. He said the applicants engineer will respond to their concerns.

Ray asked for Rick Rosenberg to come to the podium.

Rick Rosenberg, with Rosenberg Associates came forward. He said Jeff Mathis with MRW as the project architect is also in the audience as is Mr. Chapman, the applicant.

Rick said the area behind the project down to the southwest is the proposed extension of the existing Huntington Townhomes at Stonebridge. The grading plans have been approved by the City, which lifts this property up to the level of the existing Spring Field area. There will be a 4

ft. wall on the Chapman property to lift this. A portion of the wall is already a retaining wall. They have extended the grade back into the corner. They have mitigated the wetlands and are in adherence. Tamarisk has been cleared from the wash. Almost 3 acres of restoration was done to mitigate this project.

Rick said they will construct a new wall on the property wall backside of the existing wall. They would like to work with the property owners so as not to have two walls.

Richard Kirkham stopped Rick Rosenberg to ask about the trees. Rick said the blue clay in the area influenced it.

Rick went on to say that the building itself supports the security for the storage site. The storage unit complex is gated.

Commissioner Campbell asked where the roof and the asphalt surface drainage will go.

Rick said it will be discharged into Half Way Wash at one point.

Commissioner Burks asked where the RV and boat storage will be.

The applicant came to the podium to explain this. Some are 14 ft. high by 35 ft, some are 10 ft x 25 ft. and some units are 45 ft. deep with 14 ft. high doors. It will take the larger motor homes.

Commissioner Burks wanted to be sure that from the outside the boats, trailers and RVs will not be viewed from the street. He was reassured that it is a compound and that from the outside all you will see is structure.

Assistant City Attorney Joseph Farnsworth wanted to clarify that for the CUP there are two aspects: the RV storage and the storage units themselves. City Code 10-19-5 states manufacturing plants, warehouses, storage buildings or structures especially for storage purposes, the parking requirements are one space for every 1000 ft. of gross floor area and one space for each 250 sq. ft of office use and sales area.

Ray Snyder said staff has always used 1 per 1000 in the industrial zone for warehousing and they have not used those figures for storage facilities.

Assistant City Attorney Joseph Farnsworth wanted to clarify the parking spaces available. Ray said it is designed for 7 parking spaces.

Bob Nicholson, Community Development Director, said historically the 1 per 1000 has been used for industrial warehouse buildings. Mini-storage has not historically had parking applied to it.

Commissioner Burks wanted to ask the applicant that they preclude that no one live in any of these climate controlled units.

Mr. Chapman explained their security system.

The floor was opened to the audience.

Hila McKasson, who lives at Springfield # 7, came to the podium. She asked about the block wall, landscaping and the steep embankment, uncovered storage and the walking trail.

Rick Rosenberg addressed the 2-1 slope. Permission was granted from the adjacent property owner to put in a portion of that fill. The slope shown is temporary in nature. No flow or drainage will go over the top of the wall to minimize erosion.

Vince Zahuranec, at Springfield # 4 came to the podium. He would like clarification on the wall and the RV and boat storage. He wondered what damage could be caused by fuel left in in these vehicles.

Rick Rosenberg addressed the wall question. He said the wall you see now will remain. No additional fill will be done. A 6 ft. wall will be continuous and Mr. Chapman will work with the property owners.

Assistant City Attorney Joseph Farnsworth mentioned that as far as the City is concerned, if there is storage of hazardous materials, that would constitute a code violation.

Mr. Chapman that in their contract it says they cant store hazardous materials and he was informed that it is a code violation. He said that in a motor home, propane or a diesel fuel tank will be there. He will work with Kevin Taylor, Fire Marshall, to work that out.

MOTION: Commissioner Hullinger made a motion to approve item 3B and to include staff comments. Commissioner Taylor seconded the motion. All voted aye, motion passes.

4. HILLSIDE PERMIT

Consider a request for a hillside development permit for Bloomington Water Tank and Trail, a proposed 25-foot access and excavation for the future water tank and irrigation reservoir sites. The site is on 3.19 acres. The site is located east of I-15 and Astragalus Drive; generally located in the vicinity of the old Visitors Center site. The site is south of the Hidden Valley Development. The applicant is SITLA, the representative is Mr. Brent Bluth, and the engineer is Alliance Consulting. The property is presently zoned PD (Planned Development) and OS (Open Space). Hillside Permit Case No. 2009-HS-001.

Ray Snyder presented this request. The applicant is the City of St. George and the Water Department, Scott Taylor representative. He clarified by saying that the irrigation reservoir will come back in the future as a project by the Bloomington Irrigation Company. Ray stated that the Hillside Board met today to consider the options. The approximate area of the tank was shown. It


is a 4 million gallon tank. It will be painted the color of the hillside. The Hillside Board does not want to be responsible for a scar that is visible as you come into the community.

The site is located east of I-15 and Astragalus Drive; generally located in the vicinity of the old Visitors Center site. The site is south of the Hidden Valley Development. The property is presently zoned PD (Planned Development) and OS (Open Space). The General Plan appears to show this area as MR (Mixed Residential). Adjacent property to the north; N/A (vacant land), east; N/A (vacant land), south; N/A (vacant land), west, I-15 and Astragalus Drive

The goal of the applicant is to rough grade for the future alignment of the access roadway for the reservoir and tank sites. The construction of a waterline from the reservoir to the tank site will be installed with this project as well as the excavation for the tank site. A future proposed trail will be located on this 25-foot access road.

Option for locations were shown by Ray and displayed on the wall behind the Commissioners.

Ray expressed that this tank is to serve Sun River as well as the South block. Five options were shown.

Option 3 is the plan recommended by the Hillside Review Board for approval. It is less visible from the freeway and has a 12% grade. This would be the best trail and tank scenario per Ray.

Ray read into the record the tentative motion from the Hillside Review Board:

A motion to approve; 1) the 25 foot access right of way to the tank site in its proposed location as presented with all fill armored and aesthetically covered with natural native rock retaining walls not to exceed seven and one half feet (7.5) in height (note: the average is 3.5 ft.), 2) development of a community trail that will serve the general public will be constructed within this 25 ft. right of way, 3) relocation of the water storage tank approximately diameter further east tucking it into the hillside to reduce any scarring from its initially proposed location, 4) said tank shall be placed in-ground, 5) the placement of the tank shall not disturb the natural face of the hillside that it is placed down into, 6) back fill and place a rock facing behind the tank to blend it into the disturbed portion of the hillside, 7) The tank shall not protrude more than one to two feet above the finished grade adjacent to the tank, 8) follow the recommendations of the drainage report, 9) follow the recommendations of the geotechnical report, and 10) install temporary orange fencing to control limits of disturbance. Ray said that today the Hillside Review Board added 11) Excavation in a 25 ft. right of way shall occur in a responsible manner, all work shall stop if excavation occurs outside of the guidelines until successfully mitigated.

Commissioner Campbell wanted to know what the cut would be treated with.

Ray clarified if he meant removed material. Ray said they want to use it for the construction around the interchange and that they will armor the side you would see looking up with natural rock on site.

Scott Taylor with the Water Department came to the podium. He said the Ledges tank sticks above the ground about 8 ft. and they backfilled on a 2-1 slope, up to two feet from the top of the concrete. All you can see is a 1-2 ft. section of concrete. It is backfilled with native material.

Scott Taylor said on the back you will have a cut slope. The limestone material, after you blast it, will weather well through the years. He anticipates it will look light in color for a few years and then blend in well.

Commissioner Taylor asked about the service road that will be cut out to later become a trail. He wanted to know if it will be cut back toward the hill, rather than slope it outward, and let it drain back toward the hill to be less visible.

Scott Taylor said that on the trail section, majority will be in fill. There wont be much of a cut slope, but there will be a retaining wall. The trail does slope into the hillside.

Councilwoman Shakespeare asked about the integrity of a buried tank.

Scott said the top is not buried, just the sides of it are buried: it is designed that way and the forces off set each other. It is preferred that way and it keeps the water cooler.

MOTION: Commissioner Burks recommends approval to the City Council of a hillside permit to construct a water storage tank which will be buried in the ground, except for 1-2 ft. and approve the Hillside Review Board motion that is in the packet for option # 3. Commissioner Taylor seconded it. All voted aye, motion passes.

5. MINUTES

Motion to approve the minutes was made by Commissioner Burks. Motion was seconded by Commissioner Read. All voted aye, motion passes.


Motion to adjourn was made by Commissioner Taylor. Motion was seconded by Commissioner Hullinger. The time was 7:30 p.m.