Planning Commission

Tuesday, June 22,2010
Minutes



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
June 22, 2010 4:00 p.m.



PRESENT: Chairman Ron Bracken
Councilman Ben Nickle
Commissioner Ross Taylor
Commissioner Kim Campbell
Commissioner Ron Read
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

EXCUSED: Commissioner Mike Nobis
Commissioner Chapin Burks



CALL TO ORDER

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

PRELIMINARY PLAT

Consider a preliminary plat request Tonaquint Heights to create three (3) individually owned residential lots. The property owner is SITLA, the applicant is Quality Development, LLC, Bush & Gudgell Inc. is the representative. Case No. 2010-PP-008

Development Services Manager Jay Sandberg presented this request for approval of a preliminary plat to create three (3) single-family residential lots on 3.07 acres. The subdivision is located in the Tonaquint area at about 2600 South Tonaquint Drive. The development is adjacent to Tonaquint Chapel Subdivision to the north and open space to the south. The subdivision obtains access from Chandler Drive a 60 ft. ROW.

During May through September of 2006 a zone change from open space to R-1-40, a Hillside Development Permit, a clustering plan, and a preliminary plat were approved for
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this development. The preliminary plat and clustering plan have both expired. The zone change and Hillside permit are still valid.

With construction of a new church in the vicinity, the developer is proposing that the first three lots be re-approved since the installation of utilities and roadways can be constructed concurrently with the construction of the church. The Hillside Development Permit requires that building construction envelopes be shown for each lot and that open space/no disturb areas be fenced with orange grid temporary fencing. Road right-of-ways shall be fenced with temporary fencing during excavation work. Park planning has requested that a development agreement be required to tie up specifics concerning timing, location, ownership, and responsibility for future trails, parks, and open space be required prior to approval of the construction drawings, final plat, or future phases.

Staff recommends approval subject to the same conditions of approval of original development in 2006 as described above.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a preliminary plat request Tonaquint Heights to create three (3) individually owned residential lots. Commissioner Taylor seconded the motion. All voted aye.

Development Services Manager Jay Sandberg asked the board to hear the Conditional Use Permit that accompanies the preliminary plat for Tonaquint Heights. The Conditional Use Permit was read into the record.

CONDITIONAL USE PERMIT

A. Consider a request for a conditional use permit to cluster 73 lots on 89.58 acres within the Tonaquint Heights subdivision. The property owner is SITLA, the applicant is Quality Development, LLC, Bush & Gudgell is the representative. The property is located at approximately 2500 South on Tonaquint Drive. The zoning is R-1-40 Single Family Residential 40,000 square feet minimum lot size). Case No. 2010-CUP-008

Planner I Craig Harvey said this request is to permit clustering of 73 lots into 89.58 acres that result in an overall density of 0.81 du per acre in the Tonaquint Heights subdivision. Craig went over the criteria for development in the R-1-40 zone (see Section 10, Chapter 7, Section 10-7B-6: Modifying Regulations: F.)



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Craig said each phase has to stand on its own. But Phase 4 may not meet the open space requirement. Craig said if Planning Commission recommends approval, then staff would recommend that all phases of the subdivision must meet the clustering requirements independently.

Commissioner Taylor asked if this is the same design that was presented before or is this different.

Jay replied it will be the same nothing has changed. The sizes of lots are still the same.

Jay said the 3-lot subdivision staff is proposing to be approved tonight as well as the overall clustering for the entire subdivision. There are some comments in the development agreement that the trails and open space will be taken care of. Staff met with the developer and Parks Dept. and they are satisfied with what is being proposed.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a request for a conditional use permit to cluster 73 lots on 89.58 acres within the Tonaquint Heights subdivision subject to the comments of staff that it follows the pattern of the previous approved subdivision and all phases must meet the clustering qualifications. Commissioner Campbell seconded the motion. All voted aye.

ROAD VACATION

Consider approval of a roadway vacation for a portion of 850 North, located along 850 North at approximately 2875 East (north side of 850 North across the street from the northwest entrance of Costco). Mr. Jim Raines is the representative. Case No. 2010-RVAC-002

Project Manager Todd Jacobson said this is located along 850 North at approximately 2875 East (north side of 850 North across the street from the northwest entrance of Costco). The purpose of this Roadway Vacation is the roadway was platted one way and the road was built another. We are vacating the portion that was platted to match the way it was built on the ground. Staff recommends approval.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a roadway vacation for a portion of 850 North, located along 850 North at approximately 2875 East (north side of 850 North across the street from the northwest entrance of Costco). Commissioner Taylor seconded the motion. All voted aye.

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HILLSIDE PERMIT

Consider a request for a hillside development permit for Lot 2 Ft Pierce Industrial Park site (pad) grading. The purpose is to obtain approval to grade a 2 acre site to form a buildable pad. The site is located on River Road between 3662 and 3790 South River Road. The owner is Team Stewart Defined Benefit Plan LLC. The applicant and representative is Mr. Scott McCall. The property is zoned M-1 (Industrial) Hillside Permit Case No. 2010-HS-006

Planner II Ray Snyder presented this item. The purpose of this request is to obtain hillside approval to grade an industrial lot. No project is proposed. Grade site and removal of all materials will be only one phase (approx 90 days). Ray said there is an existing City trail in front of the site.

Ray read into record the letter to Hillside Review Board by Scott McCall the Land Development Manager with Sun River in St. George. Ray read the Hillside Review Board recommendations for the approval of a hillside permit.

1. Obtain a grading permit through Development Services.
2. Terrace cuts shall be made per grading plan and cross sections; cuts over maximum allowed height shall be per ordinance; tent foot (10) maximum height with six foot (6) benches. Slope the bench down towards cut.
3. Round-off, groom all hillside cuts. Coordinate with SITLA to obtain permission to blend any existing cuts and to remove knobs at property line.
4. Follow the recommendations of the geotechnical report. Slopes shall not exceed 1:1 and follow any recommendations of the report.
5. Install detention basin and follow any recommendations of the drainage report. Establish a berm along frontage and direct flows to detention basin.
6. Install temporary orange fencing to indicate limits of disturbance.
7. Obtain a City air quality permit.
8. Obtain a SWPPP permit.
9. Install a temporary no-trespass fence along the north property line during grading.
10. No grading shall occur over the driveway area and utility easement (which contains the water line that goes up to the water tank on the hillside behind the property).
11. Mitigate the site by using fire hydrant as a water source to keep the site wet and dust down during all grading work. Ensure that a crust will be established to prevent future air borne particulates.
12. All haul material (approx 14,000 cubic yards) shall be removed from the site to an approved location by Development Services (it is anticipated that the material will go to fill gravel extraction sites).


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13. All material to be removed, and grading to be completed within 90 days of the issuance of a grading permit (no long term borrow site may be established.)

Representative Scott McCall said the project has been described by City staff in good detail. Scott said his supervisor is ready to grade this property for a potential sale. This will clean up this property quite a bit just with the grading. They dont have a start date.

Commissioner Taylor said the trucks will be crossing curbs with the potential of breaking up the concrete, will you make sure those are taken care of when the project is complete.

Scott replied they are responsible to put anything back the way they found them when the project is complete.

Commissioner Read asked about the dust control.

Scott said they will have to do what it takes to control the dust on the project. It is something they are required to do in order to receive the grading permit.

Air Quality Manager Bill Swenson said they are required by City ordinance to control the area and there will be a sign posted on the property stating to the public what is taking place on the property and who to contact if there is a problem. He feels this is a great project and they will see it through.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval of a request for a hillside development permit for Lot 2 Ft Pierce Industrial Park site (pad) grading. The purpose is to obtain approval to grade a 2 acre site to form a buildable pad. The site is located on River Road between 3662 and 3790 South River Road. Commissioner Taylor seconded the motion. All voted aye.

B Consider a request for a conditional use permit to construct a twin home on two lots. The property is located at 229 and 237 South 100 East Street. The applicant is Mr. Sam Schmutz. The zoning is RCC (Residential Central City). Case No. 2010-CUP-007

Planner I Craig Harvey said this request is to construct a twin home on two residential lots. The current zone is RCC. Craig said the lot is very deep. They have the twin home setback 36.5 ft. from the back of curb. The only place the home is connected is through the garage wall. Craig read the comments into the record.

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1. The applicant is replacing two single-family homes with one twin home.
2. The legal department has reviewed the proposed project in regards to the issues of the property line and side yard setbacks. The legal department is okay with the proposed project.
3. Staff recommends approval with one condition, that the driveway has a central landscaped island against the sidewalk so that it has the appearance of a circular driveway.

The applicant Mr. Sam Schmutz said his grandfather lived there. He said each lot is 4/10s of an acre. They have already taken down the first house. The lot is 279 ft. deep from the curb to the back. The lots are only 66 ft. deep. 53.5 ft wide house plans. They have checked with the building department and they said he has met the setback requirements. There will be a 9 ft. setback on each side of the homes.

Mr. Schmutz said the roof will be a 5/12 pitch with a 12 overhang. He spoke on the landscaping for this parcel. There will be a half circle arch in the driveway. They plan on putting flower boxes around the bay windows.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a conditional use permit to construct a twin home on two lots. The property is located at 229 and 237 South 100 East Street. Commissioner Campbell seconded the motion. All voted aye.

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

Consider a zone change request to rezone 1.26 acres (*Parcels 1 and 2) from C-2 (Highway Commercial) to PD-COM (Planned Development Commercial) for the purpose of establishing a Medical Detox Speciality Hospital (Detox facility for drug and alcohol). The site is located at 120 West 1470 South Street. This is the former Desert Palms Nautilus fitness facility. Dr. Greg Anderson is the representative. Case No. 2010-ZC-008 * Note: Parcel 3 is 0.55 acres and is already zoned PD

Community Development Director Bob Nicholson presented this zone change request. He stated that in the Planning Commission packet there consisted a letter of intent, PD zone text, radius map, zoning map, aerial, Parcel 1, 2, & 3 data, photos of building and parking lot, floor plan, floor plan with utilities available, proposed remodel plan, and

State of Utah Medical Detox Facility description. (located in Planning & Zoning for review).


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Bob pointed out that in C-2 the use of hospitals is not permitted, but counseling center and nursing homes are permitted. There are 3 parcels involved. Bob said parcel 3 is currently being used as a parking lot and will remain as such. The facility seems more similar to a Nursing Home use than a hospital. Bob said the facility will discourage visitors. Patients are pickup or dropped off. They have 29 parking spaces on the parcel of the building. Some of those will be gone due to the landscaping requirements. But there are 45 parking spaces on parcel 3. So they meet the parking requirements. Bob said the applicant intends to make improvements on the front entrance of the building. Bob said they propose a total of 42 beds. The applicant will be doing some remodeling inside the building. They plan on doing exterior remodeling in the future. Bob felt that the exterior remodeling should be revisited at future time.

Commissioner Read asked if the owner of Parcel 3, which is being used as a parking lot, could sell that parcel and put up another building. Then this applicant would lose the parking spots that are needed to run his business.

Bob said they would have to come back and change the use of Parcel 3 because it is a PD Commercial zone and the parcel has been designated as a parking lot.

Dr. Greg Anderson said this type of use is not in Southern Utah. This is not a youth camp or halfway house. This will be an adult facility run by professionals. The patients will come in for 72 hours or 5 days which is considered the wash period of time. This is a closed door facility not an open facility. The patients cannot lose their focus by someone stopping by. They have to be held accountable to the State of Utah and the universities. Dr. Anderson said on the parking issue, staff count will be around the 6-8 range. The facility has more than ample space for parking. He spoke on the front landscaping. He said they are not ready to talk about the exterior remodeling but did point out the roof lines. The facility is surrounded by other businesses. This is a volunteer center for adults. They would like to use the facility for learning as well in the research and training area.

Dr. Anderson remarked on other similar facilities in Utah. There is a fourteen bed facility in Cedar City, one in SunDance that is similar to this proposed facility and one in Las Vegas.

Commissioner Taylor asked about the interns from BYU and whether there will be others?




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Dr. Anderson replied there are some colleges that will be looking for places in Southern Utah such as SUU and the nursing training that takes place at Dixie College. The interns have to meet requirements to be an intern.

Commissioner Taylor asked about tandem parking along the side of the building is that allowed.

Planner II Ray Snyder said when staff looks at site plan review that is when City staff would have to look at the parking issues.

Council Member Nickle said he knows that there is a need here in St. George for this type of facility. He would like to ask how many staff members there will be to start and does he see this number increasing over time. How will that affect the parking?

Deputy City Attorney Paula Houston said this kind of change would be required to come back for approval. This type of use adding staff and beds would be a significant change to parking. Based on the approval here tonight you will need to be very specific on the number of parking spaces as well as the number of beds. If this changes over a period of time then it would have to come back to the City for approval.

Dr. Anderson said he understands that but he feels he has more than enough parking spaces for this facility. He feels the motion should not be limited to any given number. He doesnt want to come back each time for approval for an additional bed or staff member. He would like to have a little bit of flexibility to grow.

Deputy City Attorney Paula Houston said that is part of your application. You can ask for approval for more beds and staff during this time so that you will have that ability to expand.

Dr. Anderson said he believes the building will have the capability for more beds and staffing in the future. He would like to see the formula for the parking requirement.

Commissioner Read said if this was a nursing home they would have a different number of parking spaces because the ordinance has that figure. But your type of use is different. So it needs to be looked at based on the type of uses you will have.

Dr. Anderson said there is enough parking for all that needs to go in there. He thinks the limiting factor will be the parking. He will work with the requirement for parking that Planning Commission would come up with.


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The Planning Commission had a discussion about the parking demand and what would be a reasonable number of parking spaces to meet their needs.

Dr. Anderson said his request is to approve the facility for 60 beds to start with.

Laura Paul a mother of recovering alcohol said this is a facility that is needed here. Professional medical people need to be in control of a person who needs to be detoxed. She urges them to pass it.

Paul Arslanian manages Eagle Ranch academy. He is concerned that they may change the use or the zone in order to have a residential treatment center. He is also concerned about the parking lot across the street.

Commissioner Read said any zone change or new use would have to come back to Planning Commission for approval.

Lonnie Gubler said his concern is the landscaping in the front parking lot and the beautification for the City.

Dr. Anderson said he wants to put in the beautification landscaping that is required.

Chairman Bracken said his suggestion would be 1 parking space for each bed. Therefore if he had 46 beds then he would need 46 parking spaces.

Council Member Nickle said he does not like basing the parking on staffing. Basically what youre telling the employer is that they cant hire someone extra to meet any needs he may have during that time.

Bob said they should base the parking on beds and not staff. It was suggested 1 space per 2 beds or 1 space per bed. At least this would get this project moving.

Dr. Anderson feels it should not be 1 space per bed as a hospital use would be. He would fit more with a Nursing Home parking ratio which is 1 space for 2 beds.

Chairman Bracken said he is concerned with the parking across the street especially if it goes away.

Bob said that piece is already designated as a parking lot.



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MOTION: Commissioner Read made a motion to recommend to City Council approval of a zone change request to rezone 1.26 acres (*Parcels 1 and 2) from C-2 (Highway Commercial) to PD-COM (Planned Development Commercial) for the purpose of establishing a Medical Detox Specialty Hospital (Detox facility for drug and alcohol). The site is located at 120 West 1470 South Street. This is the former Desert Palms Nautilus fitness facility. With approval for 1 parking stall per 1.5 beds up to 60 beds plus other comments from staff. Commissioner Campbell seconded the motion. All voted aye.

Chairman Bracken asked for a motion to adjourn.

MOTION: Commissioner Taylor made a motion to adjourn the meeting. Commissioner Hullinger seconded the motion. All voted aye. Meeting ended 6:30 p.m.