Planning Commission Minutes

Tuesday, April 24,2012



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
April 24, 2012 5:00 p.m.



PRESENT: Chairman Ron Bracken
Council Member Jimmie Hughes
Commissioner Ross Taylor
Commissioner Kim Campbell
Commissioner Ro Wilkinson
Commissioner Julie Hullinger
Commissioner Nathan Fisher

CITY STAFF: Community Development Coordinator Bob Nicholson
Development Services Manager Wes Jenkins
Planner II Ray Snyder
Assistant City Attorney Joseph Farnsworth
Planner I Craig Harvey
Administrative Professional Linda Brooks

EXCUSED: Acting Chairman Ron Read


CALL TO ORDER

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

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

Consider a zone change request from RCC (Residential Central City) to PD-RES (Planned Development Residential) for a skilled nursing and assisted living facility called Seasons on 1.98 acres generally located at 126 West and 200 North. The applicant is SHCG LLC, Mr. James Dean representative. Case No. 2012-ZC-001

Ray Snyder Planner II said this request is to rezone four RCC (Residential Central City) parcels to PD-RES (Planned Development Residential). The properties are located on approximately 200 North where the former Porters Skilled Nursing Care facility was operated. This area is 1.98 acres and is MDR (Medium Density Residential) in the General Plan. The first rest home in Southern Utah was opened in 1951 at this location. For the last 60+ years this site has been operated as a nursing care facility. In November 2011 new owners purchased the site. Additional land to the west has been purchased to build a new 27,303 sq. ft. skilled nursing care facility. The existing 14,754 sq. ft. building will be converted to a new assisted living facility.


The existing building will remain in operation while a second new building will be constructed. The new building will be used as a fifty-three (53) unit nursing home (skilled care). Note that the State regulates the number of beds in a skilled nursing facility. The existing building will be converted to either a 16-bed intermediate care facility for the intellectually disabled, or an assisted living unit with twenty-one (21) beds.

The two proposed dwellings will use 47% of the total land area and will have occupancy of 53 in the nursing home and 21 in the assisted living. This is a total of 74 residents + staff. An assisted living facility typically has a certain number of beds (& rooms) rather than dwelling units. Therefore, residential density is not calculated for facilities with rooms such as a hospital, nursing home, and an assisted living facility.

The project is to be two (2) single-story buildings with the exception that within the central core of the proposed new nursing home (skilled center) building there will be a 3,000 square foot mezzanine area at the main entrance. As measured by City code, the highest portion of the buildings will not exceed thirty five feet in height.

The average height of the new building will be thirty feet (30). This is measured to the midpoint of the roof (per code measurement).

The height of the converted assisted living building will be nineteen feet (19).

The site is currently used as a skilled nursing care facility and has been for over 60 years, but because it is in the RCC zone it is technically a non-conforming use. This non-conforming use cannot be expanded in this zone. Staff met numerous times with the applicants at Planning Staff review meetings (PSR) and it was decided that the applicant should apply for a zone change to PD Residential. Staff believes a PD-RES zone will be compatible with the adjacent residential zoning and in conformance with the City General Plan.

If the zone change is approved the applicant will have to submit a SPR (Site Plan Review) application along with the required civil engineering plan set (cover sheet, site plan, grading plan, erosion control plan, detail sheets, landscaping plan, irrigation plan, and photometric plan (or other evidence that dark sky style lighting will be installed to prevent light pollution).

Staff mentioned they did receive a letter of opposition from Seven Wifes Inn.

Mike Dean the applicant said they have 25 beds today. Typically the State average is 75% of occupancy.

Commissioner Wilkinson asked if there ever been problems with Seven Wifes Inn.

Mike replied he talked with past employees and there has been some concern with the former owner. Last year they put in a 6 ft. white plastic fence. Over 5 years ago one resident did hop the fence and was on Seven Wifes Inn land.

Mike spoke on the start up of the business back in 1951. He said they are very home like and he is excited to start this new business.

MOTION: Commissioner Hullinger made a motion to recommend to City Council approval for a zone change request from RCC (Residential Central City) to PD-RES (Planned Development Residential) for a skilled nursing and assisted living facility called Seasons on 1.98 acres generally located at 126 West and 200 North. Commissioner Wilkinson seconded the motion. All voted aye.

FINAL PLATS

A. Consider approval of a final plat for a roadway dedication at 950 West Circle located
east of Valley View Drive at approximately 750 North. The representative is Mr. Kelly Schmutz, Brown Consulting Engineers. Case No. 2011-FP-013

B. Consider approval of a final plat for Sun Valley Estates Phase 8 a three (3) lot residential subdivision. The representative is Mr. Roger Bundy, R & B Surveying. The property is zoned RE-12.5 (Residential Estates minimum 12,500 sq. ft. lot size) and is located at 3630 South Street and Banded Hills Drive. Case No. 2012-FP-008

C. Consider approval of a final plat for Sun Valley Estates Phase 9 a fifteen (15) lot residential subdivision. The representative is Mr. Roger Bundy, R & B Surveying. The property is zoned RE-12.5 (Residential Estates minimum 12,500 sq. ft. lot size) and is located at 3580 South Street and 2870 East Street. Case No. 2012-FP-009

Todd Jacobsen Project Manager read the final plats into record. The final plats are ready for Planning Commissions approval.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval of the final plats read into record and authorize Chairman to sign. Commissioner Fisher seconded the motion. All voted aye.

LOT LINE ADJUSTMENT

Consider a lot line adjustment in Prairie Hollow for Lot 102 and Lot 103 to move the lot line to match the existing block wall. The block wall was built about a foot or so off of the property line. The representative is Bob Hermandson, Bush & Gudgell. Case No. 2012-LLA-002

Todd Jacobsen Project Manager said this is a lot line adjustment located in Prairie Hollow on Lots 102 & 103. The purpose of this request is to move the lot line to match the existing block wall. The block wall was built about a foot or so off of the property line and the owners would like to have the property line match the block wall as it was built on the ground.

MOTION: Commissioner Fisher made a motion to recommend to City Council approval for a lot line adjustment in Prairie Hollow for Lot 102 and Lot 103 to move the lot line to match the existing block wall. The block wall was built about a foot or so off of the property line. Commissioner Wilkinson seconded the motion. All voted aye.

EASEMENT ABANDONMENT/LOT MERGER

Consider an Easement Abandonment and Lot Merger to allow the owner to build a garage on the existing Lot 74 and expand the yard. The main home is existing and is located on Lot 75 at 1559 South Cobble Cove Circle in The Boulders Phase 3 Lot 74 & 75. The representative is Bob Hermandson, Bush & Gudgell. Case No. 2012-EA-003

Todd Jacobsen Project Manager said this is a request for an easement abandonment and lot merger. The purpose is to allow the owner to build a garage on the existing Lot 74 and expand the yard. The main home does exist and is located on Lot 75.

MOTION: Commissioner Fisher made a motion to recommend to City Council approval for an Easement Abandonment and Lot Merger to allow the owner to build a garage on the existing Lot 74 and expand the yard. Commissioner Hullinger seconded the motion. All voted aye.

PRELIMINARY PLAT

Consider a preliminary plat request for Bridle Gate Estates Amended to create a 108 lot equestrian residential subdivision on 54.1 acres. The applicant is Mr. Dan Steurer. The property is zoned RE-12.5 (Residential Estates 12,500 square foot minimum lot size) and is located on 3000 East and 2450 South. Case No. 2012-PP-009

Wes Jenkins Community Development Manager said this is a request to consider a preliminary plat to create 108 lot subdivision located on 54.18 acres. He said there really was not a great deal of change from the previous approved preliminary plat. Phase 1 has already been recorded. Wes spoke on the equestrian trail that was presented the first go around. But now they are making the equestrian trail smaller with and added a recreation area. There is no HOA to maintain the equestrian area. Any further plats will need to have an agreement worked out between the City and these new developers.

Staff comments are as follows:

1. Phase 1 of this subdivision has been completed and the final plat recorded.
2. The developers will be required to create one HOA homeowners association for the project.
They are currently working with the Legal Department to do this.
3. The area on the north side of the project was originally shown as equestrian/recreation area.
The developers are still going to pursue this area as equestrian but because of market conditions a portion of this 11 acre area may become a recreation area instead, i.e. park.
4. The improvements to the recreation area will be completed with phase 2, the improvements
to 2450 South will be completed with phase 3 and the improvements to 3250 East will be completed with phases 4 & 5. The improvements to 3000 East were completed with phase 1.

Assistant City Attorney Joseph Farnsworth said the Legal Dept. has been working with the developers and their attorneys in drafting a development agreement before this preliminary plat can go before City Council and before any final plats can go that development agreement has to be in place. The development agreement needs to address that the number of lots are going to remain unchanged, the equestrian area will remain the same size and it will continue as previously approved by the City Council. The City has also been working with some of the current property owners.

Dan Steurer the developer said they are making the changes per the request of City staff it was suggested that they file for an amended plat to clean up some problems with the original approval not being built the way it was approved. He said what he ended up buying did not match up with the legal description of the first one exactly so they cleaned up some of that with engineering. They still have 11.7 acres for the equestrian area and 108 lots. They have been working with the Citys Legal Dept. so they can move forward.

Commissioner Fisher asked about the recreation area.

Dan replied that the original plan had it labeled equestrian trail/recreational area. The engineer this time was trying to differentiate what is already developed. They planned for the next plat to be quite similar to what was already approved. He said the intent is to receive input from the homeowners and develop something there that will work out. The equestrian area is a mess right now and they will clean it up and make it more useable. Dan said there are some deficiencies in the CC&Rs. There is a functioning HOA and the homeowners there have been managing it for the 40 lots that are currently there. There was never a use agreement to the related to the equestrian area.

Commissioner Fisher asked if that property is under the management of the developer or has it be conveyed to the HOA.

Dan replied it is not being conveyed to the HOA.

Chairman Bracken asked if any of the existing homes been conveyed to the HOA.

Dan said the only common place that has been conveyed is the landscaping out front of the development.

Commissioner Taylor asked what percent of homes that are build out on the first phase.

Dan said about 40 lots and theres about 2-3 lots vacate.


Richard Bassett said he lives in the first phase and the maintenance along 3000 East has been taken care by the HOA. In their meeting with Dan he said that he would like to take and redo the CC&Rs and have the existing 40 lots and have them that over the equestrian area. He said it was the homeowners understanding that when the 108 lots are complete that they would take care of that property and at that point that is something they could handle. He said there are 40 homes in the first phase and only 5 horses to-date.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a preliminary plat request for Bridle Gate Estates Amended to create a 108 lot equestrian residential subdivision on 54.1 acres and with staff comments Item 1-4 and adding #5 stating that an improved development agreement must receive approval by City Council. Commissioner Fisher seconded the motion. All voted aye.

CONDITIONAL USE PERMIT

A. Consider a request for an amended conditional use permit (CUP) to allow for
additional pole height of up to 90 feet for power line transmission poles in the vicinity of 3050 East Street and running in an east-west direction generally behind the Wal-Mart, Home Depot, Albertsons and Big Lots stores. The applicant is Rocky Mountain Power. Case No. 2012-CUP-002

Bob Nicholson Community Development Coordinator said this is a request to amend the Master Plan for Electrical Transmission System to allow for electric transmission line pole height up to 90 rather than 70 as was approved in the System Master Plan approved in October 2006. Rocky Mountain Power Co now seeks approval for pole heights up to 90 high in order to place two existing lines on a new 138kv line. Their plan is to eliminate one pole and to rebuild from 69,000 volt to 138,000 volt.

Mark Cox with Rocky Mountain Power said SW Technical Task Force has worked together on this task force. They discussed how to meet the growth of Washington County. They are trying to get less power lines for the future. Mark said poles will be made of steel but they will need the extra height for the lines to have enough room. The tallest ones there currently would be about 60-65 ft.

Commissioner Taylor asked will those poles be able to handle more than two circuits.

Mark replied this will be just for two-four lines.

MOTION: Commissioner Wilkinson made a motion to recommend to City Council approval for a request for an amended conditional use permit (CUP) to allow for additional pole height of up to 90 feet for power line transmission poles in the vicinity of 3050 East Street and running in an east-west direction generally behind the Wal-Mart, Home Depot, Albertsons and Big Lots stores. Commissioner Taylor seconded the motion. All voted aye.


B. Consider a request for a conditional use permit (CUP) to establish an Arts Education
Resource Center at 307 North Main Street in the Historic Landmark property known as the Orvil Hafen Home. The applicant is Mr. Ernie Doose. Case No. 2012-CUP-003

Bob Nicholson Community Development Coordinator said this request for a landmark site came before Planning Commission and City Council about two months ago. The applicant proposes to establish a resource center for the arts for students and teachers in southwest Utah. Mr. Doose is the President of Artistic Resource for Teachers and Students (ARTS) a non-profit education organization. The property is of an acre.

Mr. Ernie Doose presented a brief synopsis of his operation.

Commissioner Campbell asked how the students are brought to the place if there are individual cars or buses and the second question is what the hours of operation are.

Mr. Doose said as for the hours of operation he only plans to be open during the daytime and there will be some after school programs. He said his hours will probably be 8 a.m. until 8 p.m. They may occasionally have an event where they may have a classroom of students brought in, maybe 20-30 students at a time to see a puppet show or a demonstration. They may do an art festival for children on the grounds but not on a regular basis. He said they will have scholarships for students. No one will be turned away.

Commissioner Wilkinson asked if they will be charging the students for lessons.

He said the students will pay for piano lessons but if they cant pay the fee then they will be subsided.

Commissioner Campbell asked about the noise and outside activities.

Mr. Doose said they plan on an art festival or a play festival but this would happen on a Saturday but there will be no PA system.

MOTION: Commissioner Taylor made a motion to recommend to City Council approval for a request for a conditional use permit (CUP) to establish an Arts Education Resource Center at 307 North Main Street in the Historic Landmark property known as the Orvil Hafen Home and he finds that there is no issues concerning staff findings (A-K) and will note that there is no excessive noise and that traffic will not be a problem and hours of operation will be 8-8. Commissioner Wilkinson seconded the motion. All voted aye.