Planning Commission Minutes

Tuesday, July 12,2011



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
July 12, 2011 5:00 p.m.



PRESENT: Council Member Ben Nickle
Commissioner Kim Campbell (excused at 6:00 p.m.)
Commissioner Ron Read
Commissioner Mike Nobis
Commissioner Julie Hullinger

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

EXCUSED: Chairman Ron Bracken
Commissioner Ross Taylor


CALL TO ORDER

Commissioner Read called the meeting to order and welcomed those in attendance. Commissioner Read led the flag salute.

WIRELESS MASTER PLAN

Consider a request to amend a Wireless Development Master Plan. The applicant is Verizon Wireless. Mrs. Connie Misket is the representative. The additional location is Dixie Drive at Sunbrook Ranches (former Moore Business Forms building). Case No. 2011-WMP-002

Ray Snyder Planner II stated the request is to amend the Verizon Wireless Master Plan to allow a cell tower site on Dixie Drive. The proposed location is Dixie Drive at Sunbrook Ranches. It is proposed to locate the tower behind the existing storage facility/sports facility structure. The tower will be a new hundred foot (100) high monopole wireless telecommunications facility. The applicant proposes to make the pole look like a large palm tree. They also propose to plant live palm trees adjacent to it to help soften and blend it into the area.

Ray said this request is not to approve the cell tower this evening. The request before you is to amend the master plan. If Planning Commission feels this is a good location then Verizon Wireless would come back to Planning Commission for a Conditional Use Permit for construction of the tower.

Pete Simmons representing Verizon Wireless said they need to add a new cell tower to help with the continuous increase of volume use. They would construct a pre-fabrication building to hold their equipment. They would like to get this location approved so they can move forward with this request.

Commissioner Read asked what type of problems they are running into that would require a new cell tower.

Pete presented maps showing the coverage for the Citys area.

MOTION: Commissioner Nobis made a motion to recommend approval for a request to amend a Wireless Development Master Plan. Commissioner Hullinger seconded the motion. All voted aye.

REDUCED SETBACK

Consider the reduction of the required side yard setback of ten feet (10) located along the east property line to a five foot (5) side yard setback. The property is located at 520 East Tabernacle. The property is zoned C-3 (General Commercial). Rosenberg Associates is the representative. Case No. 2011-RS-001

Applicant withdrew the request.

CONDITIONAL USE PERMITS

A. Consider a conditional use permit for a Moto Cross Park on 30 acres. The property is
located northwest of Exit 6 on the Southern Parkway. The applicant is Mr. Judd Palmer and the representative is Desert Canyons. Case No. 2011-CUP-009

Ray Snyder Planner II pointed out that Planning Commission previously heard this item as a Determining Use on June 14, 2011. It was determined at that time the use would be similar to an amusement center which requires a Conditional Use Permit in the AVI zone. The applicant is here tonight to request the use as a Conditional Use Permit.

Ray said the applicant is proposing to establish and operate a Moto Cross Park for a period of five (5) years. There are 30 acres of which 19 acres will be used for parking, staging, and restrooms. Eight (8) acres will be for the MX Track and 3 acres for spectators, vendors and concessions. The hours of operation would be from 7:00 a.m. to 12:00 p.m. (midnight). The proposed park would be used 15 to 20 days a month for practices. A minimum of 12 races a year would be hosted. During summer months night practicing and racing would take place under self powered temporary lighting for the night venues running May through October.

Ray discussed the access road off of the Southern Parkway exit named Desert Canyon Parkway. The applicant does not propose to pave the access. Fencing will be installed with a perimeter fence around the entire parcel. The applicant plans to water down the site to control dust. Approximately 19 acres of gravel area is proposed for parking. Planning Commission would have to determine if gravel is acceptable or if the ordinance requires paved parking. Ray said the applicant would like to begin construction as soon as possible.

Staff recommends that if the project is approved that at a very minimum, the following conditions be recommended to the City Council;

1. Approve the CUP for a specified amount of time five years.
2. Either pave the access roadway (chip seal or pave) or in lieu demonstrate that a soil treatment
will prevent any air quality concerns.
3. State what surface the parking lot may have (gravel vs. paving).
4. Provide a dust control plan (sprinkler) for the race track area (see attached Formal Dust
Control Plan submitted by applicant).
5. Obtain a building permit to install a trailer / office to function as a ticket booth.
6. Fencing; fence the entire perimeter of the site and also fence off the track from the parking
lot and spectator area.
7. If any camping on this site is proposed then the applicant shall provide a camp site plan and
sanitary facilities plan to be approved by council.
8. Provide a photometric plan and evidence that only dark sky style (shielded) lighting will be
used.
9. Findings for CUP.

Curt Gordon with Desert Canyons Development said the concept on the park is to have regional events that will attract out-of-towners to this City. He said on the issues raised by City staff he would be willing to address.

Commissioner Campbell asked about the dirt treatment product.

Curt replied that magnesium chloride is a chemical component that binds with the contents of the soil and lasts quite some time. In addition to that, they will use water to maintain the dust.

Commissioner Read questioned the use being for five years, is that because you anticipate residential homes will be in the area by then so you wont use the land for that use?

Curt said the parcel is for a temporary use. Curt said they have most of the major utilities in place already and there is a well on site. They are not planning on permanent facilities. Curt said this site is a former gravel pit. So the area is not all dirt but it is mostly gravel. He said they would like to ask the board to consider the area of gravel as an acceptable use for the parking.

Just for clarification they will not use magnesium chloride for the dirt bike track, they will instead control that site with water.

Commissioner Read asked about how many people they expect to show up on a regional event.

Judd Palmer the applicant said they may have about 800 people on the daily events but on the nightly events around 200. He said people will not be going in and out every day. The majority of the people will remain in the area for most of the day.

Commissioner Read asked if they have used this magnesium chloride chemical before.

Mr. Palmer replied he has and he uses the product in his construction business as well. They will apply the chemical on the parking lot as needed. It can be applied twice a year and he feels that will be satisfactory. They will apply more often if needed. Mr. Palmer said he has been in this sport for 20 years and he has never seen a paved parking lot.

Bob Nicholson Community Development Coordinator asked if they be willing to apply the chemical on a frequency as needed at the request of the Airport Manager.

Mr. Palmer replied yes.

Rich Stehmeier Airport Manager said he noticed as they started to work out there they did not have water on the road yet and it created a dust cloud. When he spoke to Curt Gordon on the issue of the dust they resolved the problem quickly with water and he has not seen any more dust clouds since.

Commissioner Read inquired as to what kind of noise distance travel can be expected (to be heard) in the Ft. Pierce area or at the Airport.

Curt Gordon said the area sits down in the valley a couple of hundred feet below the elevation of the runway. The area has hills around it which will buffer the noise level. He feels the noise wont be able to travel a long way.

Commissioner Read asked what they plan to do for lighting in the parking lot.

Mr. Palmer said they will have basic temporary construction yard lighting used for the parking lot lights. They will direct the construction lights downward for now. He feels they will have a good turnout for this use especially from Mesquite and Cedar City.

Deputy City Attorney Paula Houston pointed out to the Planning Commission that the use of all weather surfacing materials cannot be waived. Either the ordinance can be changed or they can rule on whether the materials presented are all weather surfacing materials. If Planning
Commission makes a determination on this material it does not just apply to this specific use but to all parking lots that may come forward in the future.

Bob Nicholson said on parking lot development it states in the ordinance a parking lot shall be paved with an approved surfacing material of asphalt or concrete composition or some other all weather surfacing material approved by the Planning Commission . . . in order to make this a narrow decision instead of a broad decision could they say because this is a short term use for 5 years could they consider this an all weather material because of the limiting time span?

Deputy City Attorney Paula Houston replied they would not be able to do that. She references other sites such as industrial parks that dont want to pave a lot. This has to be able to be distinguished from this situation. The only option is to change the ordinance to allow for a temporary use like that.

Curt Gordon believes Planning Commission should consider the setting and the context. He would encourage them to consider their choice of the chemical. The magnesium chloride will be put down everywhere but the bike track.

Deputy City Attorney Paula Houston said she is fine with the board meeting that definition but they need to justify other businesses coming in and using that product and would they be comfortable having this product in other areas in the city?

Commissioner Nobis asked if is it better to rewrite an exception into the ordinance or should they just make the determination.

Paula Houston Deputy City Attorney replied if it meets the qualification as all weather surface material or if you are questioning whether it really arises to that level for performance then they may change the ordinance to allow this as a surface for temporary use. You could approve this as a trial and then if it works then you can determine on the next one that comes in whether it works or not.

Commissioner Read inquired if the Planning Commission should specify in the approval language such that they have the ability to see if the product is still working after a 90-day trial or review and should the project be re-visited every 90 days?

Deputy City Attorney Paula Houston said they could approve it for this project, as a test case. Then if a new business comes in and wants to use the same product the board could make the determination by seeing if the product worked or not.

MOTION: Commissioner Campbell made a motion to recommend to City Council approval for a conditional use permit for a Moto Cross Park on 30 acres. The property is located northwest of Exit 6 on the Southern Parkway and in relationship to the City staff comments the items be addressed by the applicant and in relationship to the findings that they see no problems except with the all weather parking ordinance. The proposed magnesium chloride to be used as an all weather surface and that they are accepting the material on a test system only and will review its performance in a four month period. Commissioner Hullinger seconded the motion. All voted aye.

B. Consider a request for a conditional use permit for permission to establish and operate a
Child Day Care. The proposed maximum number of children would be sixteen (16). A city business license and state license are both required. The applicant is Mrs. Nelson. The zoning is R-1-10 (10,000 square foot minimum lot size). The property is located in Bloomington at 1427 West Montezuma Circle. Case No. 2011-CUP-010

Ray Snyder Planner II presented the request to establish and operate a Child Day Care. The applicant proposes to operate a Child Day Care business in a single family residence. The applicant is proposing to have a maximum of sixteen children. The hours of operation would be 9:00 a.m. to 6:00 p.m. The applicant will work with the neighborhood to mitigate any drop off and pick up issues.

If the Planning Commission recommends approval, staff suggests the following conditions:

1. Based upon other child day care conditional uses approved by the Planning Commission staff
recommends a maximum of sixteen (16) children only.
2. A final fire inspection would be required prior to operation. The applicant shall comply with
all Fire Department conditions; such as the posting of fire escape routes, smoke alarms, etc.
3. The applicants shall work with the neighborhood to mitigate any drop off and pick up issues.

Ray said the neighbors were asking how many children Mrs. Nelson has. She has 11 children. So she can have 5 more children coming into the child care. The age of the children would be 2 to 5 years of age. Ray stated the letters from neighbors in opposition to this request.

Commissioner Nobis said seeing this is a rental home he feels a signed document from the owner of the home would be appropriate so they will be aware what their home is being used for besides living quarters for the renters. He feels they cannot over look that.

Mrs. Nelson clarified that they actually own the property. They do not want to decrease the value of their home either. The traffic will be migrated by picking up and dropping off at different times. During school hours they will have the pre-school. She has already received phone calls from parents that would use this service close to their home. With the hot weather the children can only handle 10-15 minutes outside. They will go out twice a day and it will be staggered with the age of the children. She pointed out that they will put in a fence to block off the rear yard. She said in her policy and procedures she will clarify the pickup and delivery times to the parents. She will have it very organized and timely.

Council Member Ben Nickle said he has experienced this type of use. The board could stipulate how many children she could have outside at one time.

Mrs. Nelson said they would like to have 8 children out at one time but she could work with what stipulations will be put upon her.

Council Member Ben Nickle said would you consider having just 4 children at a time outside.

Mrs. Nelson said she would do that.

Mary Whitaker represents three other houses in the neighborhood. This is not what they want in the neighborhood. Her concerns are noise and traffic.

Council Member Ben Nickle asked if she would like to wait for two weeks to be heard by Planning Commission again due to the fact that no all are present tonight. He pointed out that she will need all four members here tonight for a complete vote.

Mrs. Nelson wants to move forward with the vote tonight.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a request for a conditional use permit for permission to establish and operate a Child Day Care. The proposed maximum number of children would be sixteen (16) and include staff comments and also place a stipulation that only 4 children can be outside at a time and not more than 16 children in the home including her own and stagger the times for drop off and pickup. Commissioner Nobis seconded the motion. All voted aye.

B. Consider a request for a conditional use permit to operate a Bed and Breakfast and Day
Spa Salon in the James Andrus Home, a designated City Landmark site. The zoning is RCC (Residential Central City). Located at 164 W 100 S. Case No. 2011-CUP-011

Craig Harvey Planner I presented this item. The request is to re-establish the Bed & Breakfast with 3 sleeping units and add a hair salon. The Planning Commission and City Council
previously approved the site as a landmark site in the downtown area. The CUP for a Bed & Breakfast has not been used since 1995 and the CUP has expired.

The previous approval was approved for 3 bedrooms upstairs and 5 parking spaces would be required. Craig said they would need to have six parking spaces and maintain an open and clear driveway. The applicant has indicated that they have seven parking spaces available. They expect 2 to 3 clients for the hair salon per day.

Craig went over staff comments and findings.

1. The applicant shall provide a minimum of six (6) off street parking spaces on site.
2. The applicant shall maintain an open and clear driveway.
3. The applicant shall maintain the level of landscaping.

Sylvia Gaskell the applicant spoke on the required parking. They feel they have enough room on their property.

Craig will meet with them tomorrow to make sure they meet the requirements for parking.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval for a request on a conditional use permit to operate a Bed and Breakfast and Day Spa Salon in the James Andrus Home, a designated City Landmark site along with staff comments and have this motion conditioned on meeting with staff to make sure they meet the parking requirements and include the findings A-K. Council Member Nickle seconded the motion. All voted aye.

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

A. Consider a zone change request from the R-3 (Multiple-Family Residential) zone to PD-
COM (Planned Development Commercial on 4.9 acres located at approximately 2000 East Riverside Drive. The applicant is Mr. Rich Lewis. Case No. 2011-ZC-005

Bob Nicholson Community Development Coordinator said this is to consider a zone change request from R-3 to PD-COM on 4.9 acres. The property is located on approximately 2000 East Riverside Drive. Bob said the applicant is aware about the flood hazard and understands he will have to have an erosion plan in place. The site plans consist of assisted living and retail stores. They are proposing to have 80 beds and on the other side to have Parking calculation is one space for each 250 sq. ft. of floor area.

Bob said the applicant is proposing four single-story buildings, two for an assisted living facility with 155 beds total. Retail/office space is also proposed in two separate buildings. Bob said they may need a deceleration lane.

Bob read over the uses that could be used in the retail spaces. Some of them may not work for this area. Bob said hospitals, mental health facilities with overnight stay and construction trade
services are what Planning Commission felt would not be a good fit for this area at our last meeting. The applicant is in agreement to remove those propose uses. Bob mentioned the call center being a recommended use. This use would have to be based on the parking requirements being adequate.

Rich Lewis the applicant said he is fine deleting those three uses but he would hate to delete anymore due to todays economy. Rich said they did position the building back on the site plans so they could accommodate a decal lane.

Deputy City Attorney Paula Houston said on the telemarketing, the applicant would have to come back and amend the plan. They could recommend that the call center be a small call center to use the parking that is being proposed.

MOTION: Commissioner Nobis made a motion to recommend to City Council approval for a zone change request from the R-3 (Multiple-Family Residential) zone to PD-COM (Planned Development Commercial on 4.9 acres located at approximately 2000 East Riverside Drive and delete the stated uses (hospital, mental health facilities with overnight stay and construction trade services.) Commissioner Hullinger seconded the motion. All voted aye.

B. Consider a zone change request from PD-RES (Planned Development Residential) to PD-
COM (Planned Development Commercial) on 26.07 acres to develop an RV Park located approximately mile northeast of Exit 6 on the Southern Parkway. The applicant is Desert Canyons. Mr. Curt Gordon, representative. Case No. 2011-ZC-007

Craig Harvey Planner I presented this item for a zone change request for a RV Park on 26 acres. This proposed RV Park is planned to support approximately 200 spaces with room to expand in the future. Facilities planned for this development will include full hookups for all spaces, a recreation lounge building, a restroom building, and a laundry building. Approximately 3 acres of space is dedicated to open space and landscaping. In addition certain recreational activities will be provided such as a swimming pool and court sports like tennis, hand ball, or pickle ball. The plan is for nightly and weekly rentals and will be designed as a traditional RV Park.

Craig said there was some discussion with city staff on the traffic pattern zone. He said the RV Park would be a better use for that parcel of land being so close to the new airport.

Curt Gordon Desert Canyons Development said he feels this is a good mix for the area. This would bring people out of the area and to the City which they feel would increase the revenue for retail.

Deputy City Attorney Paula Houston said in the narrative it states the density would be 9 units per acre.

Curt said the density is consistence with the ordinance. This a conceptual plan at this point.

Ray Snyder Planner II said he would encourage them to put in trees.

Curt replied they plan on planting street trees and grass areas at every parking bay.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a zone change request from PD-RES (Planned Development Residential) to PD-COM (Planned Development Commercial) on 26.07 acres to develop an RV Park located approximately mile northeast of Exit 6 on the Southern Parkway and include staff comments and reference all parts of the standards will be met. Council Member Nickle seconded the motion. All voted aye.

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

A. Consider a zoning regulation amendment to Title 10 Zoning Regulations, Chapter 11
Manufacturing Zones Section 10-11-4 Special Provisions to define allowable fencing in the old industrial park in the M-1 zone located within Section 20, T42S, R15W, SLB&M. Case No. 2011-ZRA-008

Ray Snyder Planner II said this is a proposed amendment to the City Zoning Regulations, Title 10 Zoning Regulations, Chapter 11 Manufacturing Zones, Section 10-11-4 Special Provisions to define allowable fencing in the old industrial park in the M-1 zone.

The new language city staff is suggesting to add to this section would be as follows; Along the public street frontage at approved setback distances in the area known as the St. George Industrial Park, M-1 zone (in Section 20, T42S, R15W).

Commissioner Read asked how often does this come up?

Deputy City Attorney Paula Houston said it comes up a lot.

MOTION: Council Member Nickle made a motion to recommend to City Council approval for a zoning regulation amendment to Title 10 Zoning Regulations, Chapter 11 Manufacturing Zones Section 10-11-4 Special Provisions to define allowable fencing in the old industrial park in the M-1 zone. Commissioner Nobis seconded the motion. All voted aye.




B. Consider a zoning regulation amendment to Title 10 Zoning Regulations, Chapter 13
Article D Airport Influence Area and Overlay Zone. Case No. 2011-ZRA-005-A

Bob Nicholson Community Development Coordinator said this is a proposed revision to the Airport Overlay Zone.

The most important thing is to get public comment. Bob handed out a revised amendment that was done late this afternoon. The development review under the current process is Development review & approval process. The current chapter has a rather disjointed and confusing review & approval process, and requires all new development within the Airport Overlay Zone area to be reviewed by the City Council, similar to the PD zone approval process. The Council has indicated that they want to review all development on the Airport property (area within fence) and also new development with a ground floor area of 20,000 sq ft or more, as is currently done in the commercial zones. The PC & CC will review all CUP applications as is done city wide.

The present chapter has many requirements for landscaping, signage, parking, and building design that are unique to the Airport OL Zone area. The proposed draft deletes most of those unique requirements and instead references the landscaping, parking, and sign regulations already in place and applicable city wide. Note that signage in the Airport OL Zone area is limited to monument type signs for free-standing signs and pole signs are not allowed. The restriction on pole type signs will remain.

Numerous other changes are proposed to the chapter, some are significant and others are quite minor, and also include some changes to the list of permitted and conditional uses within the Airport Supporting Business Park zone, Airport Vicinity Industrial zone, and the Commercial Mixed-Use zone.

Curt Gordon pointed out the zoning combinations for the new airport and Southern Parkway area. This ordinance does not replace what is already in place. Curt said they want to discuss the new traffic pattern zone.

Rich Stehmeier Airport Manager said he has been working closely with staff they want the airport to be a viable entity to the city. He wants to make sure to protect the area around the airport. He would appreciate another two weeks to work on these types of issues.

This will be continued to the next meeting.

MINUTES

Consider approval of the Planning Commission minutes for May 10th and 24th, 2011.

This item was tabled due to not having a quorum for a vote.