Planning Commission Minutes

Tuesday, May 11,2010



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
May 11, 2010 4:30 p.m.



PRESENT: Chairman Ron Bracken
Councilman Ben Nickle
Commissioner Kim Campbell
Commissioner Ross Taylor
Commissioner Ron Read
Commissioner Chapin Burks
Commissioner Mike Nobis
Commissioner Julie Hullinger

CITY STAFF: Deputy City Attorney Paula Houston
Community Development Director Bob Nicholson
Planner II Ray Snyder
Planner Craig Harvey
Development Services Manager Jay Sandberg
Secretary Linda Brooks

CALL TO ORDER

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


CONSENT ITEM FINAL PLAT

A. Consider approval of an agricultural subdivision final plat for The Woods at Valley
View Amended and Extended. Located east of Valley View Drive and south of the Santa Clara River at approximately 1535 West and 520 South in the PD (Planned Development) zone. Mr. Brandon Anderson, Rosenberg Associates, representative. Case No. 2009-FP-027

Todd Jacobsen, Project Manager stated the purpose of the amendment is to correct the subdivision plat to match lot line adjustments previously conveyed for lots 2, 3, and 4. They will be realigning the lots along the NRCS rip rap wall along the Santa Clara River. To realign the emergency access along the NRCS rip rap wall along the Santa Clara River. Todd indicated they will be adding property from the Riverside Development within the Santa Clara River to deed to the City of St. George.

Deputy City Attorney Paula Houston said they determined from the old plat, the area that they are adding onto their lots, is actually part of the common area for that subdivision. At this time they do not have all the signatures from all the subdivision owners conveying the approval of this change. The HOA from that subdivision will need to have a meeting to vote and approve conveying this land to each individual instead of keeping this land as part of the subdivision and to convey the land to the City. She stated that additional language will need to be added to this plat because it is complicated.

Commissioner Taylor asked if the plat needs to be specific on the conditions. Todd replied it can be stated that the conditions would need to be complied with before it goes before City Council.

MOTION: Commissioner Nobis made a motion to recommend approval for the amendment to the final plat The Woods at Valley View subject to the new owner of Lot 5 needs to sign an owners consent, to have the HOA approval, Sun First needs to release their notice of interest, the easement and the acceptance of the property by the City needs to be done and authorize Chairman to sign. Commissioner Hullinger seconded the motion. All voted aye.


B. Consider approval of an agricultural subdivision final plat for Slickrock Ridge Ph 5
Amended and Extended. An amendment to Lot 176 to match survey markers as staked on the ground with the original plat. Located north of Riverside Drive and east of 2450 East Street in the R-1-6 (Single family Residential 6,000 square foot minimum lot size) zone. Mr. Brandon Anderson, Rosenberg Associates, representative. Case No. 2009-FP-018

Todd Jacobsen, Project Manager stated the purpose of the amendment is to adjust the lot lines for Lots 175 and 176. The lot boundaries have been readjusted to reflect the new lot line. The public utilities and drainage easements have been changed to reflect the changes. The trail easement which runs along the easterly portion will be dedicated to the City of St. George.

There was discussion on the matter of signatures on the consents and the names on the deeds matching. The question was ownership of land and who had to sign the plat.

Deputy City Attorney Paula Houston said they will look into this matter of ownership of property and make sure the correct entitles was listed.

MOTION: Commissioner Read made a motion to recommend approval for the amendment to Slickrock Ridge Subdivision Phase 5 subject to the Citys Legal Department double checking to see if all the appropriate signatures on all the legal documents are obtained. Commissioner Chapin seconded the motion. All voted aye.

LOT LINE ADJUSTMENT

Consider approval of a lot line adjustment for Lots 29 and 30 in the Stone Cliff Phase 1 subdivision. Located at 1557 Stone Cliff Drive in the PD-RES (Planned Development Residential) zone. Mr. Matt Judd, Judco representative. Case No. 2010-LLA-005

Todd Jacobsen, Project Manager stated the purpose of this easement is based on the location of the home on Lot 29 was build closer to the property line bordering with Lot 30. By adjusting the line between Lot 29 and 30 would bring it into zoning compliance.

Commissioner Nobis raised questions on the setbacks on the north side of the lot.

Planner Craig Harvey indicated the setback would be 8 ft. because it is a PD zone. Stairs and overhangs are allowed to go into the setback by 4 ft.

MOTION: Commissioner Campbell made a motion to recommend approval for the lot line adjustment for Lots 29 and 30 in Stone Cliff Phase 1 subject to the removal of the existing landscape on Lot 30. Commissioner Nobis seconded the motion. All voted aye.

LOT MERGER

Consider approval of a lot merger for Lots 25 and 26 in the Bowler, Ence & Marsh of Block 4 subdivision. Located at 1375 North and 1050 West in the RE-20 (Residential Estate 20,000 square foot minimum lot size). Case No. 2010-OM-002

Todd Jacobsen, Project Manager presented the request for a lot merger for Lots 25 and 26. The purpose of the Lot Merger is to bring Lot 25 into compliance and also to build a new home on the lot. There are no easements involved with this.

MOTION: Commissioner Hullinger made a motion to recommend approval for the lot merger for lots 25 and 26. Commissioner Campbell seconded the motion. All voted aye.

DETERMINE USE

Determine whether a proposed Learning Center is a permitted use within the R-1-8 (Single-Family Residential 8,000 square feet minimum lot size) and R-1-10 (Single-Family Residential 10,000 square feet minimum lot size) zone and is in harmony with the intent and purpose of the zone; Section 10-10-2 Permitted Uses. Case No. 2010-DU-001

Planner II Ray Snyder presented this proposed use for a Learning Center. Ray read the narrative into the record that was written by the applicant. Ray went over the ordinances and stated that the question before Planning Commission is do they consider this as being in harmony with the intent of the zones and similar in nature to other permitted or conditional uses.

Ray said the building height does not exceed 35 ft. The mid-point of roof equals approximately 30 ft. Ray spoke on the parking requirements for a 20,532 sq. ft. building. By calculations of the code on parking they only need 24 parking spaces but they are proposing 50 parking spaces.

Debbie Justice Executive Director for The Learning Center for Families spoke on the need in having a private, non-profit school that provides special education services for developmentally delayed infants and toddlers in Washington County. They dedicate themselves with working with these children so they can integrate into the community better. She stated they are funded by the Utah State Department of Health and the Federal Administration of Children, Youth and Families. Their intent is to have a specialized inclusive full-day child care program for infants and toddlers who are medically fragile or have other conditions.

Paul Blackmore from Blackrock Engineering said they have a great deal of parking. There will be an overflow between the church and this parcel which has a document in place for the shared parking. They will align their entrance with Beehive Homes. The property was owned by the church.

Debbie said the land was owned by a person from the church and donated to them for this use.

Paul pointed out the playground area for the lot.

Planner II Ray Snyder said the question is does this look like this would be a permitted use.

Deputy City Attorney Paula Houston said this would not be a permitted use under the category of Permitted Uses (Title 10, Chapter 7 Article B, Section 10-7B-2) lists school: public or charter as a permitted use, but does not list a private school.

Deputy City Attorney Paula Houston asked if they would have a license from the State. Debbie replied they would get a license under the heading of Child Nursery.

Paul Blackmore interjected that this would be a licensed treatment facility. Deputy City Attorney Paula Houston said that would come under the commercial uses. Paula said the business licensing will need to be addressed.

Paul Blackmore asked if this would be easier to change the zone of the parcel. Deputy City Attorney Paula Houston replied that would be an option. Acting Chairman Bracken said that sounds like that would be the best plan.

Greg Mathis, agent said they want to pull the application and come back with a zone change application.

CONDITIONAL USE PERMIT

Consider a request for a conditional use permit to construct a detached accessory garage that would exceed the fifteen (15) feet height limit for a pitched roof garage. The property is located at 2922 South 2350 East in the Knolls at Little Valley subdivision. The applicants are Mr. and Mrs. James McCune. The zoning is RE-12.5 (Residential Estates 12,500 square foot minimum lot size). Case No. 2010-CUP-002


Planner Craig Harvey said the request is to construct a residential garage. The height of the garage would exceed the allowable building height of fifteen feet (15). He presented the site plan. Craig said the residents want to match the new garage with the existing exterior of the home. Craig stated the ordinance from Title 10, Chapter 7A Section 10-7A-4(B) and Title 10, Chapter 14, Section 10-14-13 (D). Craig stated the main floor of the garage will have a wash sink and toilet. There is an attic storage space located above the main garage floor which will have a 7 or less low ceiling which will not be habitable.

MOTION: Commissioner Campbell made a motion to recommend approval for a conditional use permit to construct a detached accessory garage that would exceed the allowable building height with the conditions stated. Commissioner Taylor seconded the motion. All voted aye.

ZONING REGULATION AMENDMENTS PUBLIC HEARINGS (5:00 P.M.)

A. Consider an amendment to the City Zoning Regulations, Title 10 Zoning Regulations,
Chapter 10 Commercial Zones, Section 10-10-2 Uses to add Indoor Shooting Range as a permitted use with standards in the C-2 and C-3 zones and to add Section 10-10-5 L Indoor Shooting Range standards. City of St George applicant. Case No. 2010-ZRA-009

Ray Snyder presented this item. Ray said the City has been approached by people who are interested in establishing an indoor shooting range. Ray said they are asking for a Permitted use in a C-2 and C-3 zone. Ray read the Special Provisions that would be attached to this permitted use.

SPECIAL PROVISIONS

1. A minimum separation of five hundred feet (500) from a residential zone shall be required.
2. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.
3. Parking spaces shall be two spaces per each shooting lane plus one space per each 250 gross square feet for sales, storage, training, or other uses.
4. Indoor shooting ranges shall have walls, ceilings, and floors that are impenetrable to the ammunition discharged by firearms being used within it or have internal baffling built so that the ammunition discharged cannot hit the walls or ceiling.
5. Indoor shooting ranges shall be constructed and insulated in such a manner that prevents sound from the discharge of firearms within the facility to exceed a maximum limit of 65 dBA at the property line.
6. Magazine (ammunition) storage shall be fully enclosed by construction materials as approved by the Building Department and Fire Department per applicable codes.

There was discussion on whether Item 1 of Special Provisions was needed.

Deputy City Attorney Paula Houston said she is not sure the 500 ft. is necessary. The building is supposed to be built so that no bullets can exit the building anyway.

Commissioner Taylor said something should be written that there is a limit to the velocity or the caliber that would be allowed.

Colby Seegmiller stated he is one of the principal owners who are trying to bring an indoor shooting range to St. George. He said based on the way the building is structure they would be able to handle as much as a 50 caliber rifle which has quite a bit of power behind it. They are opting to go with higher package on the plating of the baffling and backdrop. During the design of the building they would have to put in place what the mitigating sounds will need in order to be handled.

Ron Larsen said the normal caliber would be 9 mm 40-45 caliber and on the rifle side it would be a 223 up to 308. Part of the range would be 25 ft. lanes so hunters could come in a sight up their guns. The key is to try and create a zone that would encompass everything. It has to be contained as part of the approval on the business permit.

Colby said the insurance company that they have will also enforce the building structure.

Commissioner Burks asked if they planned on selling ammunition and fire arms.

Ron Larsen replied a range cannot have the revenue just with a shooting range so that is why they will be selling guns and ammo and giving lessons. They will mitigate the sound in the building where products will be sold.

Chairman Bracken opened the public hearing.

Todd Hart represents some local companies here, one of which is heavily involved in the outdoor industry. He is for the proposed change.

Paul Blackmore said he is a firm believer that training and experience would be a safety environment. It will teach a lot of respect and value to young adults to learn how to handle a gun. It would add to security.

Ray commented that if this change is voted on and approved then in the future it would be done by staff as a plan check review and not come back before the Planning Commission.

Commissioner Read asked if they would be relying on State or Federal for the specs on building this building. Have you found something like this out there?

Paul Blackmore with Blackmore Engineering said he recently helped Washington County range issues. The National Rifle Association has a manual and they have been doing this a


long time. He would encourage them to go that way. This has been tested and is the best way.

Commissioner Read requested that standard be added to the Special Provisions list from Planning Staff.

Ron Larsen said they will be going through Action Targets in the Provo area. They have put locations in areas around Utah and for the military. They will be held to some high standards.

Commissioner Campbell said it would make sense to have some sort of standards as a provision. There is none in the National Standard Building Code.

Commissioner Taylor said there should be some sort of posting in the building stating what the limit is to the type of firing power they can have.

Ron Larson felt that there should not be a specific building manual listed for this type of building. He feels this is more of a building department issue instead of a planning issue.

Deputy City Attorney Paula Houston said that is the reason it is drafted the way it is. It would be arbitrary to pull some standards without working through the building department.

MOTION: Commissioner Nobis made a motion to recommend approval on the City Zoning Regulations, Title 10 Zoning Regulations, Chapter 10 Commercial Zones, Section 10-10-2 Uses to add Indoor Shooting Range as a permitted use with standards in the C-2 and C-3 zones and to add Section 10-10-5 L Indoor Shooting Range standards with changes of deleting Item 1 and changing the hours of operation on Item 2 to 6 am to 10 pm. Commissioner Burks seconded the motion.

Votes were as follows:
Chairman Bracken voted aye Commissioner Hullinger voted aye
Commissioner Taylor voted aye Commissioner Campbell voted aye
Commissioner Nobis voted aye Commissioner Burks voted aye
Commissioner Read voted nay Motion carries 6 to 1

B. Consider an amendment to the City Zoning Regulations, Title 10 Zoning Regulations,
Chapter 22 Wireless Telecommunication Facilities, Section 10-22-4 to remove the limit of three providers on one cell tower. City of St George applicant. Case No. 2010-ZRA-010

Planner II Ray Snyder presented this item. Ray stated this is brought before you if an antenna or tower meets the safety and structural requirements of the Building Department, then the City is not opposed to allowing more than three (3) providers per antenna or tower. This may ultimately reduce the number of new antenna or towers to be installed.

Commissioner Taylor said would this increase the interest in lattice towers or the mono-pole.

Planner II Ray Snyder said staff has been pro for mono-pole.

Community Development Director Bob Nicholson said in the City code it states a lattice tower is not allowed in a residential zone. When this section was written it was required to have a 10 ft. separation between towers. Towers are limited to a max of 100 ft. Bob said this came about because they want to have fewer towers.

Commissioner Nobis said he likes the idea of having more providers per antenna because that will mean lesser poles.

MOTION: Commissioner Burks made a motion recommend approval to City Zoning Regulations, Title 10 Zoning Regulations, Chapter 22 Wireless Telecommunication Facilities, Section 10-22-4 to remove the limit of three providers on one cell tower. Commissioner Taylor seconded the motion. All voted aye.

C. Consider an amendment to the City Zoning Regulations, Title 10 Zoning Regulations,
Chapter 14 Supplementary Regulations, Section 10-14-9 to allow carports in the side yard setback area in the original platted area of St George subject to certain restrictions. City of St George applicant. Case No. 2010-ZRA-011

Community Development Director Bob Nicholson said this is an amendment to allow carports in a side yard setback area in the downtown area. Bob said they had a discussion with City Council because they have concerns about the need for carports in the side yards. He said generally we dont allow them in the setbacks on the sides due to fire codes and the aesthetics. However, in the old part of town there are some odd situations.

The old standard applied when the lots were 66 ft wide. Now they require an 80 ft. wide lot. This makes it impossible to have a garage or carport on those 66 ft. wide lots. Bob showed homes in the old downtown area that have garages or carports on their parcels. Bob said at the Mayors request there should be a provision for the ones that have been built in the downtown area.

Bob read from the version of the new section 10-14-9 (E). Staff looked at Provo regulations and they have a provision to their old section of town. As far as the fire code, the new structure must be fire rated and built of fire-resistant materials and be allowed to within 2 ft. of the side property line.

Commissioner Taylor said he is concerned about cutting off 2 ft from the side lots.

Commissioner Campbell said they could keep it at 1 ft. on the sides and still make it work.

Commissioner Taylor said he likes the idea of getting the approval from the adjacent owner and have that be recorded so it becomes part of the deed.

Bob said they could add to the provision 2 ft. or receive permission from the adjacent neighbor.

Commissioner Burks said would the City leave the existing ones alone.

Bob said they would be considered grandfathered in.

Deputy City Attorney Paula Houston asked if Planning Commission wanted to limit this change to residential and not commercial.

Planning Commissioners agreed with just residential.

MOTION: Commissioner Taylor made a motion to recommend approval to the City Zoning Regulations, Title 10 Zoning Regulations, Chapter 14 Supplementary Regulations, Section 10-14-9 to allow carports in the side yard setback area in the original platted area of St George subject to certain restrictions subject to; the 2 ft setback will be granted based on permission from the adjacent property owners, the drainage remain on the property side of the new structure only and make this change to residential only subject to legal review with the fire department modifications after.

Deputy City Attorney Paula Houston added to be at 4 ft. separation between property owners.

Commissioner Nobis seconded the motion. All voted aye.

D. Consider an amendment to the City Zoning Regulations, Title 10 Zoning Regulations,
Chapter 11 Manufacturing Zones, Section 10-11-1 and 10-11-2 to allow Recreational Enterprises as a conditional use in the M-1 Manufacturing Zone. City of St George applicant. Case No. 2010-ZRA-012

Community Development Director Bob Nicholson said this is a proposal recommendation to allow recreational enterprises in the M-1 Manufacturing zone. Bob said the M-2 is more restrictive. One of the things is that some of these recreation uses such as indoor soccer require buildings with high ceilings. There are high ceilings that are currently vacant in the M-1 zones. Bob read 10-11-1 A and under 10-11-2 reads, Recreational enterprise (indoor go-cart track, climbing walls, indoor skating rink, indoor roller skating, indoor soccer, and other indoor recreational sport/entertainment type activities, but not including spectator-oriented arenas).

These uses would require a Conditional Use Permit which would give Planning Commission a chance to add conditions to their request.

Lee Sheets a property manager said the economy is in bad condition but one that is moving forward is recreational facilities. There is not a good amount of buildings within the City that would accommodate these uses. He would hope that using these empty buildings would be a win-win situation for both the City and the owners of the building. Some have expressed an interest in doing retail sales in some of these buildings.

Commissioner Nobis asked about spectators. He felt that this wording is open. What is the interpretation in what is a spectator?

Bob said the intent is to not include large groups of spectators. Bob said incidental retail sales could be part of the wording in the recommendations.

MOTION: Commissioner Hullinger made a motion to recommend approval to the City Zoning Regulations, Title 10 Zoning Regulations, Chapter 11 Manufacturing Zones, Section 10-11-1 and 10-11-2 to allow Recreational Enterprises as a conditional use in the M-1 Manufacturing Zone. Commissioner Burks seconded the motion. All voted aye.

CONSENT ITEM PRELIMINARY PLAT

Consider a preliminary plat request for The Estates at Valderra (formerly the Ledges Phase 11) to create twenty-six (26) single family residential lots on 33.525 acres. The zoning is PD-RES (Planned Development Residential). The owner and applicant is Daedauls, USA, and the representative is Mr. Roy Bartee III, Project Manager. Case No. 2010-PP-006

Development Services Manager Jay Sandberg presented this item. This is a re-approval of a preliminary plat that was approved about 2 years ago. This development is located in the southwesterly portion of the Ledges Planned Development and touches the westerly boundary of the Snow Canyon State Park. The original preliminary plat included lots that were already graded. This lot does not include lots that have already been graded. The applicant is asking for lesser lots. They meet the private streets using hammer head roadways. Because it is a long dead end street the developer is providing turn-arounds within a 600 ft. intervals. Jay presented a slide presentation of the land.

Jay pointed out that the homes in this area will not be seen from the highway or through the upper portion of the park. There is a restriction that outside lighting in the development be downward shielded. Jay pointed out the area that will be left undisturbed through Snow Canyon State Park. In Tonaquint Heights subdivision all the rocks would be highlighted. So they proposed that 30% of lots will be left in a natural state and to be restored in their natural state after construction.

Roy Bartee from Park City spoke on the project. He said they became interested in the Ledges some years ago. As Jay stated this was known as Phase 11 and they made some particular changes to this plat. They made tier lots so all residents can take advantage of the views and natural terrain of the site. He spoke on the State Park no lots can be seen from the road into the State Park. He spoke on the emergency access off of Lot 26. Their CC&Rs will include that the home will blend in with the site, single-story will be required, tiering will be required, height limitations and colors and landscaping. The rock out cropping on lot 26 on the actually plat map they have highlighted as a do not disturb area.

Commissioner Read said he is concerned with lots 18, 13 and 14 being three sided with road ways.

Roy responded by saying the lots are large lots, about one acre each.

Jay said there is more flexibility that the developer may want to do regarding the circular drive or something. But Jay does not see a problem with using the side streets for the upper lots.

MOTION: Commissioner Read made a motion to recommend approval of a preliminary plat request for The Estates at Valderra (formerly the Ledges Phase 11) to create twenty-six (26) single family residential lots on 33.525 acres subject to staffs comments. Commissioner Nobis seconded the motion. All voted aye.

Chairman Bracken asked for a motion to adjourn.

MOTION: Commissioner Nobis made a motion to adjourn at 7:20 p.m. Commissioner Hullinger seconded the motion. All voted aye.