Planning Commission Minutes

Tuesday, July 27,2010



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
July 27, 2010 5:00 p.m.



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

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

EXCUSED: Councilman Ben Nickle
Commissioner Ron Read



CALL TO ORDER

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

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

Consider a zone change amendment to the PD-COM/RES (Planned Development Commercial and Residential) to expand the list of permitted uses on 17.35 acres. Located at 415 South Dixie Drive (former Moore Business Forms building). The applicant is Mr. Ken Davis and Mr. Marv Blosch. The project is Sunbrook Ranch. Case No. 2010-ZC-009

Planner Craig Harvey stated that the request is to amend the use list for the Sunbrook Ranch site. Craig presented a power point of the location and list of uses being requested by the applicant. Most of the proposed uses are indoors with a few exceptions for a Horticulture located to the back of the property, an outdoor RV storage for the north side and a U-Haul truck and trailer rentals.

Commissioner Burks asked about the signs they currently have posted and trucks and trailer rentals already in use on the lot.
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Craig said he believes those items are new to the area. He said the applicant Mr. Blosch can go into more detail about the uses.

Marv Blosch stated that when this was approved it was approved during different times. The assisted living will eventually come back. The need has not changed. Right now they are struggling to keep the doors open. They have a few new uses they would like to get approved which he feels the uses will help them keep the doors open for a few years until such time they can put in the assisted living.

Commissioner Nobis asked about the second hand furniture sales does that use fall under a Retail Use.

Craig said it does not; it is separated from retail shops as furniture sales in the code.

Deputy City Attorney Paula Houston said the retail sales are new items and second hand and consignment shops are treated differently under different guidelines. Paula said the delivery assignment is different from new furniture arriving by truck. In used furniture sales you have different people coming and dropping their things off.

Marv said none of the uses have anything to do with large delivers. They do have a dock that is in the back plus they are off the main street. Marv spoke on the indoor storage that is in use. He feels the use of indoor storage and the consignment shop goes hand in hand.

Marv spoke on the outdoor uses. He spoke on the RV storage spaces in the rear of the property. This covers only 2% of their total site, 15 stalls are covered and 25 stalls are uncovered for this use. He said the area is well buffer from the neighbors with trees and a block wall. The other use is truck and trailer rentals. They have U-Haul rentals there currently. The rentals dont seem to have a great impact on the site. They would like to have a couple of trucks on their frontage. Most of the business will come through by driving by or through the U-Haul representative. There is no night operation.

Commissioner Campbell asked about the hours of RV storage.

Marv replied their intent is to put in a gate and have it locked from 9:00 p.m. to 6:00 a.m. They will hire a person to be on site for security reasons.

Commissioner Nobis asked about the lot for horticulture.

Marv said it was an idea he came up with maybe someone could use the land for planting to keep control of the weeds.

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MOTION: Commissioner Taylor made a motion to recommend to City Council approval of a zone change amendment to the PD-COM/RES (Planned Development Commercial and Residential) to expand the list of permitted uses on 17.35 acres located at 415 South Dixie Drive (former Moore Business Forms building). Commissioner Campbell seconded the motion. All voted aye.

CONDITIONAL USE PERMIT

Consider a request for a conditional use permit to manage and operate a tattoo shop. The property is located at 344 East Sunland Drive. The applicant is Last Call Ink, Mr. Eric McFadden representative. The zoning is C-3 (General Commercial). Case No. 2010-CUP-010

Planner II Ray Snyder read the ordinance Section 10-10-2: Permitted Uses stated that the use is under a Conditional Use Permit in a C-3 zone. Ray presented a power point presentation and read the findings into record.

Commissioner Burks asked about the hours of operation.

Eric McFadden replied noon to 10:00 p.m. during the weekdays and open to midnight on weekends.

Ray said there is a narrative in their PC packets from the applicant describing the tattoo operation.

Eric McFadden said they believe as neighbors they would blend into this use perfectly.

Commissioner Burks asked Deputy City Attorney Paula Houston about the noticing policy. Are only the owners of the buildings notified of a new use and not the businesses themselves?

Deputy City Attorney Paula Houston said that is true.

Commissioner Burks said he asked Ray Snyder to contact the police department to see if there have been any disturbances at the tattoo parlors in town and they have not responded to this question. He feels this request should be postponed until they can hear from the Police Department.

Officer John Heppler spoke and said he did receive that request from City staff and he stated that over the last 10 years of service calls there was no substantial problems here tattoo parlors were concerned.
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Commissioner Taylor spoke on the conditional use permit that it goes with the property not the owner. Recognize that he would like to have input from the adjacent property owners. He would like to make sure they are aware of the use and approval of the use.

Bob Nicholson said on a Conditional Use Permit if it is tabled then the Planning Commission needs to tie it into one of these negative impacts. Under State Law this use is a permitted use under the Conditional Use Permit unless an adverse problem cannot be mitigated. Unless you find that one of the findings is not being met such as Noise, Dust, Odors, etc. then it cant be tabled.

Deputy City Attorney Paula Houston said she agreed with this. She understands that they want notice to the neighbors but it has to fall into one of these areas. You need to decide which of these findings would cause a negative impact and you need to give them a chance to mitigate the negative impact, not deny it just because the neighbors would not like the idea of the business.

Eric said two units to the left side of him are vacant. Plus two or three others on the other side are vacant.

Commissioner Taylor asked Eric if he had contacted the neighbors.

Eric replied he had contacted the businesses that are currently there; they did not have a problem with his type of business coming in.

Deputy City Attorney Paula Houston asked about the chemicals and how you dispose of them.

Eric said the instruments will be sterilized. They have taken their plans to the Health Department and said everything looks good. No odors are involved.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a request for a conditional use permit to manage and operate a tattoo shop. The property is located at 344 East Sunland Drive based on no negative findings.

Commissioner Taylor said he would suggest they make a time limit for 10:00 p.m. with no starting time.

Eric McFadden asked if the time could be extended to midnight on the weekends.


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Chairman Bracken asked if there is a reason to limit the time in that area. He feels it is not affecting anyone. That location is where there is no residential around.

Deputy City Attorney Paula Houston said they need to justify the negative impact of the time.

Commissioner Hullinger said she will leave her motion as it stands.

Commissioner Taylor asked if there were any safety or security reasons to place a time limit on the use.

Eric said they only have two stations in their floor plan. The most they could service would be two customers at a time. The most you would see there would be 2 to 3 cars at one time.

Commissioner Taylor said after reviewing this he does not see any need for a time limit to be put upon this. So he will withdraw that recommendation.

Commissioner Taylor seconded the motion.

Commissioner Burks and Commissioner Campbell voted nay
Commissioner Hullinger, Commissioner Taylor, Commissioner Nobis, and Chairman Bracken voted aye.

Motion passes 4 to 2

ADJOURNEMENT

Commissioner Hullinger made a motion to adjourn the meeting at 5:40 p.m. Commissioner Campbell seconded the motion. All voted a