Planning Commission

Tuesday, May 8,2012
Minutes



PLANNING COMMISSION
CITY OF ST. GEORGE
WASHINGTON COUNTY, UTAH
May 8, 2012 5:00 p.m.



PRESENT: Chairman Ron Bracken
Council Member Jimmie Hughes
Acting Chairman Ron Read
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

CALL TO ORDER

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

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

Consider a zone change amendment request to add dance hall / dance studio to the approved PD-COM business use list for the Southgate Area PD. The applicant is MAD Properties, LLC and Mr. Dan Derrick is the representative. If approved, the applicant is interested in establishing a dance hall / dance studio at 1495 South Blackridge Drive. Case No. 2012-ZCA-010

Ray Snyder Planner II said this is a request to add dance hall/dance studio to the approved PD-COM business use list for the Southgate Area PD. The applicant is wishing to develop a dance studio along with a dance hall in a former restaurant (The Haven) space. In 2006 the City Council approved the site plan for the Southland Electric commercial development. He did not receive anything in writing. He did receive a phone call Eagle Ranch questioning if there would be alcohol associated with this use. He informed them it did not.

Assistant City Attorney Joseph Farnsworth commented on the City Code for alcohol/non-alcohol dance hall. He said they will need to state on their business license if they plan on serving alcohol or will the dance hall be without alcohol.

Commissioner Read asked about the parking?

Ray said they will view the parking when they apply for a business license.

Commissioner Wilkinson asked for the age group that will be attending this dance hall.

John Carter the applicant said he would first like to comment that there will be no alcohol at this facility. He has been in this type of business for 21 years. He said the age group for Friday night will be 21 years old and up. On Saturday nights it will be 16 years old and up. John said he would accept any age with parents accompanying them. There is not a lower age limit.

Commissioner Wilkinson asked who will be overseeing this operation.

John said he will be but in the past he has hired police security in the past.

Assistant City Attorney Joseph Farnsworth wanted to clarify that there will be no alcohol served.

John said that is correct.

Dan Derrick the owner of the property said the facility will be no alcohol. They have actually more parking than is required for the uses that is currently there. He said most of the businesses currently there open up their businesses at 8:00 a.m. and close by 6:00 p.m.

Commissioner Wilkinson asked what his hours of operation will be for this dance hall.

John replied on Wednesday and Thursday when he teaches dance it will operate from 7:30 through 10:30 p.m. He said for the dance hall during Friday and Saturday they start at 8:30 p.m. and go till midnight.

Jim Arslanian with Eagle Academy said he has potential concerns. This property is within 300 ft. from his property. In a PD zone he understands that this use is not listed and therefore has to come before the Planning Commission. He said the use needs to be consistent and harmonious. The property was built by the State of Utah back in the 1980s. He said Eagle Academy is a national created high school. They are licensed for 57 students and most come from out of state. They employ 59 people to help run the school. But they are concern this might have an adverse affect on their teenage students. He spoke on the drug and alcohol units where once there was Desert Palms. He said the ordinance states that anything they approve needs to be consistent and harmonize for the area.

Dan Derrick the owner of the property said the use list for this area also lists amusement enterprises, circus, health club, roller skate rink. He feels a dance hall would fall under those uses. He said there is a cement retaining wall and a block wall on top of that separating his building from Eagle Ranch. They typically cannot see them and they cant see us.

Paul Arslanian said Eagle Ranch is not a lock down facility. He said not only are they concern about their students getting out of their facility but they are more concern about people getting into their facility.

John Abraham said he has been doing this type of business for 20 years. He said no one will create a problem. They are not a typical dance hall. He said he uses country music and the average age is 25-40.

Commissioner Taylor said what is being asked to approve is a dance hall/dance studio as an approved business for Southgate area and that doesnt necessarily mean for the just the current person using it. So, the vision has to be long enough to understand that there could be other kinds of dance hall and dance studio with other kinds of music and age groups and those kinds of things in that area. He can appreciate that John Carter has reputation for the quality of dancing they would like to see, but we cant always be guaranteed that he will be the person to have the dance hall and that would be that type of music they would want to see there. Commissioner Taylor said if they approve this he would like to see this approved as a non-alcohol and that would give some kind of limitation. But still he is not sure how this guarantees that there wont be another type of dance hall with a different type of music. He has a concern about opening a dance hall and that could be anywhere in the PD zone however limited to this PD area. Commissioner Taylor asked if the Planning Commission could put in the motion any type of restriction.

Assistant City Attorney Joseph Farnsworth said this would be an approved use in this specific PD zone. It would open up the door to request to have it in other PD Zones. He said the other thing is to look at is whether it harmonizes and is consistent with the zone and is it in the best interest of the City. Joseph said you cant put a restriction on what type of music they can play. You can make the restriction for no alcohol.

Commissioner Wilkinson asked if someone else comes in asking for this type of use wont they have to come before the Planning Commission as well for permission.

Assistant City Attorney Joseph Farnsworth said no because if this gets approved here tonight then this type of use would be an allowable for this PD zone.

Ray Snyder said they could change that to different line items you could say dance studio, dance class, dance hall non-alcoholic and reword it to make different line items.

Assistant City Attorney Joseph Farnsworth said in the business code license it does require to apply for a business license for a dance hall then they would need to come in to apply for business license and go before City Council.

Commissioner Read asked if they could self-restrict them with PD text also. Cant the applicant do that instead of the Planning Commission putting a restriction in the motion?

Assistant City Attorney Joseph Farnsworth said they could do that. He referenced Section 3-2A-4 which talks about a public dance hall and licensing that needs to be comply with and that does require approval from City Council. In that code section (Section A) it defines what a public hall is going to be and in Section B states the requirements of Section 3-2A-4 of this article have been complied with, and the location of the dance hall shall have been approved by City Council. Compliance with the following requirements shall be conditions of such licenses: It states hours, if a person leaves the dance they will have to pay to come back, unnecessary loud playing, and cant allow intoxicated or disorderly person to enter. They would also have to have security personnel. He said he was just summarizing what the code says.

Commissioner Read said so it sounds like they are built into the business licensing process so they wouldnt even have to put them in the PD text.

Commissioner Taylor said would it be to the advantage to the City to have a definition of this dance hall very carefully defined in the PD text so when they approve that definition it would have some parameters that would give some protection to the surrounding neighborhood. He said maybe dance hall cant be carefully defined that it gives that kind of protection.

Assistant City Attorney Joseph Farnsworth said there is a definition in that section he just read to them. That would be the definition they would want to refer back to and in the PD text list it as a public dance hall without alcohol.

Ray asked if in the use list condition it as separate items dance studio and dance hall without alcohol and in parenthesis add must comply with Section 3-2A-4.

Assistant City Attorney Joseph Farnsworth said he hesitates to put in a code section because if the ordinance ever gets amended then the section number system might not comply with what was stated before. They could state in the use list in reference to the dance hall/studio business licensing code.

MOTION: Commissioner Wilkinson made a motion to recommend to City Council approval based on the discussion they have had for a zone change amendment request to add dance hall / dance studio under one line items to the approved PD-COM business use list for the Southgate Area PD with no alcohol in that facility. Commissioner Read seconded the motion.

Call for a vote:

Chairman Bracken aye Commissioner Hullinger - aye
Acting Chairman Read aye Commissioner Taylor aye
Commissioner Wilkinson aye Commissioner Fisher nay

Motion passes 5-1



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

Consider a zone change request from A-20 (Agricultural) to RE-20 (Residential Estate 20,000 square foot minimum lot size), R-1-12 (Single family Residential 12,000 square foot minimum lot size), and C-2 (Highway Commercial) on 49.92 acres located approximately at North of Crimson Ridge Drive and West of 3000 East. This is for a proposed subdivision to be called The Arbors. The applicant is Quality Development. Case No. 2012-ZC-008

Craig Harvey Planner I said this request for a zone change was heard in April 10, 2012 Planning Commission meeting. The request was denied and the board asked the applicant to come back with a lower density zone. The property is located approximately north of Crimson Ridge Drive and between the Little Valley Ranchos subdivision and 3000 East. He said there are no proposed parks in this subdivision; however there is a proposed extension of the equestrian trail (20 ft wide) which will be on the west side of the property located within the 100 wide equestrian buffer, and on the north side of the property. The propose zones are: RE-207.27 acres; R-1-12 5.76 acres; and C-26.89 acres.

Mike McGregor a resident of Little Valley said Quality Development has done a good job on the new zoning rendering map. He would like to propose that the RE-20 continue across the north side of the proposed R-1-12 zone to make it a buffer to the A-1 land.

Paul Iverson said he lives in the Little Valley Ranches. He appreciates the developers working with them to propose somewhat larger lots but he would like to see bigger lots. His other concern is being on Little Valley Road it needs to be build out because it will not be able to handle the traffic in the future.

Chairman Bracken said the developers have to pay for all of those expenses. You have been getting by for not having to pay at this point.

Paul said the City has added a lot of traffic on Little Valley Road. These individuals are gaining by developing this property but it will be costing people on Little Valley Road. He believes that is not fair.

Paul Gough said there have been tremendous requests to have some more agricultural land. The thing they fear that they are being impacted by this lower density use. He spoke on the trails and the impact they are having. In terms of what able they are to sell or the market there seems to be a demand for larger lot sizes out there.

Jim McCarthy said he is living in this area. He is concerned about the increase and size which are getting smaller. He said the Planning Commission should go out there and see how long it takes them to get out onto Little Valley Road. He wants them to see what the traffic out there looks like.



Commissioner Wilkinson said she feels they are encroaching on the agricultural land out there. She wants them to take a good look at that to see where it is going in the near future.

MOTION: Commissioner Taylor said he is pleased with the adjustment of the zones throughout the project therefore he would make a motion to recommend approval to City Council for a zone change request from A-20 (Agricultural) to RE-20 (Residential Estate 20,000 square foot minimum lot size), R-1-12 (Single family Residential 12,000 square foot minimum lot size), and C-2 (Highway Commercial) on 49.92 acres located approximately at North of Crimson Ridge Drive and West of 3000 East. Commissioner Hullinger seconded the motion.

Call for vote:

Chairman Bracken aye Commissioner Hullinger aye
Acting Chairman Read aye Commissioner Taylor aye
Commissioner Fisher nay Commissioner Wilkinson nay

Motion passes 4 to 2

LOT SPLIT

Consider permission to split Lot 75 in the Ft Pierce Industrial Park from a 6.561 acre lot into Lot 75-A at 3.061 acres and Lot 75-B at 3.50 acres. The property is located at 775 E Commerce Drive. The zoning is M-1 (Industrial). The representative is Mr. Michael Draper, Rosenberg Associates. Case No. 2012-LS-002

Todd Jacobsen Project Manager said the applicant would like to split what is known as Lot 75 of Fort Pierce Industrial Park into two parcels. As isright now, the area of Lot 75 is 6.561 acres. The proposed Lot 75-A will comprise of 3.061 acres, and proposed Lot 75-B will be 3.50 acres. A 10 Foot easement is being created on each side of the new lot line creating an overall 20 Foot wide easement (this is standard for commercial areas). Also a 10 foot easement is being created on the easterly lot line of lot 75-B. This will give easements around both parcels, 15 feet on the front property line and 10 foot on the side and rear property lines.

MOTION: Commissioner Hullinger made a motion to recommend approval to City Council permission to split Lot 75 in the Ft Pierce Industrial Park from a 6.561 acre lot into Lot 75-A at 3.061 acres and Lot 75-B at 3.50 acres. The property is located at 775 E Commerce Drive. Commissioner Fisher seconded the motion. All voted aye.

PRELIMINARY PLAT

Consider a preliminary plat request for Chaco West Phase 2 to create a one lot (1) residential subdivision on 4.485 acres. The applicant is Mr. and Mrs. Ted Chang and the representative is Mr. Brett Henke, Kuma Engineering. The property is zoned PD-RES (Planned Development Residential) and is located near Tacheene Drive and Chaco Trail. Case No. 2012-PP-010

Bob Nicholson Community Development Coordinator said this is a request to create a one lot residential subdivision. This plat is surrounded by PD-RES zoning. The lot shall be entirely within the City limits of St George. It appears that a northerly portion of the proposed lot may lie within the City of Santa Clara adjust the lot to ensure it does not cross jurisdictions. The ARB is more restrictive than the City. The only condition is that the entire boundary should be within the City boundaries.

Commissioner Wilkinson made a motion to recommend to City Council approval for a preliminary plat request for Chaco West Phase 2 to create a one lot (1) residential subdivision on 4.485 acres. Commissioner Taylor seconded the motion. All voted aye.

CONDITIONAL USE PERMITS

A. Consider a request for a conditional use permit (CUP) to establish a childrens day care
titled Kids Corner Daycare at 1795 W 1300 N in the R-2 (Multiple Family) zone. The applicants are Mr. and Mrs. Chesley. Case No. 2012-CUP-006

Ray Snyder Planner II said the applicant proposes to operate a Child Day Care business in a single family residence. This business has been operating for nearly 12 months with 8 children. Now the applicant is proposing to have a maximum of sixteen (16) children. The hours would be 8:00 am to 6:00 pm. five (5) days a week; Monday through Friday. It is proposed to predominately accept pre-school age children (generally ages 2 to 5), yet occasionally allow infants, or school age children to be accepted. Ray said the applicant shall work with the neighborhood to mitigate any drop off and pick up issues.
Staff has not received any opposition to this request (as of the time of this writing). 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 they have been seen by the Fire Department.

Commissioner Wilkinson said she is wondering about parking.

Ryan Chesley the applicant said most of the children they care are from one family. They do have the opportunity to have a circular driveway. Generally the time is spaced out when they pick up the children.

Commissioner Wilkinson asked how contained is it in the back yard.

Ryan said pointed out the fencing he has around the home. He said the kids only way out is through the home.

Commissioner Wilkinson asked how many care givers.

Ryan replied that the ratio is 8 children to 1 adult. They plan on having 12-13 children at a time. They will have 2 adults.

MOTION: Commissioner Wilkinson made a motion to recommend to City Council approval for a request for a conditional use permit (CUP) to establish a childrens day care titled Kids Corner Daycare at 1795 W 1300 N in the R-2 (Multiple Family) zone with the condition of up to 16 children but no more. Commissioner Taylor seconded the motion. All voted aye.

B. Consider a request for a conditional use permit (CUP) to establish a residential
treatment facility titled Desert Solace located at 4200 N 1239 W Lot 8 of the JEL amended subdivision. The applicant is Mr. Jorgensen. Case No. 2012-CUP-005

Ray Snyder Planner II said this request is to establish and operate an adult residential treatment facility titled Desert Solace. The applicant proposes to operate a 60 day residential treatment program that will operate as a marriage and rehabilitation center. The clients will be men whose marriage and family relationships are threatened by their addiction to pornography and other destructive behaviors. The facility will not treat drugs, alcohol, and chemical addiction. Any clients with substance abuse must be free of chemical dependence to be admitted into the program. The applicant proposes a maximum capacity of ten (10) adults. This is as defined by the Utah Department of Human Services Office of Licensing Residential Rules. This facility would operate 24/7. This will be for men 18 or older.

Staff has not received any opposition to this request (as of the time of this writing). If the Planning Commission recommends approval, staff suggests the following conditions:

1. Shall adhere to City Zoning Ordinance Section 10-5-3.E.

2. A City Business License shall be obtained.

3. Capacity shall not exceed ten (10) residents at any given time.

4. Shall adhere to the program as described in the Program Narrative.

5. Shall adhere to the Community Impact Report as submitted dated April 20, 2012.

6. Shall adhere to the Policies and Procedures as submitted.

7. A final fire inspection is required prior to operation. The applicant shall comply with all Fire
Department conditions; such as the posting of fire escape routes, smoke alarms, etc. (see attachment inspected 4/25/2012).

8. A minimum of 30% of green space shall be provided.

9. The CUP is not transferable.

10. Shall comply with CUP findings (see below).

Ray went over the ordinance for a residential treatment facility per Section 10-5-3.

Assistant City Attorney Joseph Farnsworth asked what specific type state license is Desert Solace applying for.

Mark Jorgensen replied a residential treatment facility.

Assistant City Attorney Joseph Farnsworth asked how many staff members will be on site.

Mark replied that the requirements are 16 to 1. But they will have someone there 24/7. During the day besides the on-site residential manager they will have 2 therapists during business hours. He stated that he will be there on site a lot of the time also.

Assistant City Attorney Joseph Farnsworth asked where you propose where the parking will be on site.

Mark said the parking is not specifically line out but there is room for 30-40 cars or more. There is a huge gravel area.

Assistant City Attorney Joseph Farnsworth said he realizes there is plenty of parking on site but the parking has to be paved not gravel.

Mark said there is probably room for six cars for the paved area he currently has. Dont foresee there being anymore cars there than that. The patients will not be able to bring their cars with them when they come for treatment.

Assistant City Attorney Joseph Farnsworth said part of the reason he asks is he understands that during the weekends there will be family members visiting like for group family therapy. This would increase the amount of vehicles that will need to be parked on a paved surface.

Mark replied yes. He said this is the first time he has been told that he would need paved parking. Does that apply to the weekend visitors too?

Assistant City Attorney Joseph Farnsworth replied yes it does. It is any parking area in the City has to be on a paved area.

Ray Snyder said they do have a paved section that is stripped and a three car garage and then they could strip some additional.

Assistant City Attorney Joseph Farnsworth said they need to specify now that the paved parking will be there. He mentioned that he sees that they have a web site and advertising for this business now. This cannot happen until the business license is in place and is active.

Mark said he understands that. He said they have not accepted any clients or done any business out there yet.

Assistant City Attorney Joseph Farnsworth said in the narrative it states you are going to be treating those that are addicted to pornography and other destructive behavior. He asked what are the other specific types of sexual acts are there going to treatment provided for.

Mark said the destructive behavior mentioned probably would be a dual diagnosis. Along with their pornography addition they could also have ADHD, bi-polar, and some depression issues which they will address. The term sexual addiction refers to any addiction related to sexual activity. He said the Sexual Offender Registration and Notification Act (SORNA) specifically spell out three tiers of offenders. They will only accept Tier I offenders. He understands the requirement to notify the Police Department if they accept any felonies. He said they will not accept any felonies.

Assistant City Attorney Joseph Farnsworth said Planning Commission needs to know what exactly Tier 1 offenders mean. He said for example, if someone comes into your facility and he states that he has a problem and tells you that he has raped three individuals, no one knows about it and the police have not been notified. He states he has no criminal record. Joseph said the question here is would you accept this individual into your program and what treatment would you use.

Mark replied he would not accept the individual.

Assistant City Attorney Joseph Farnsworth asked what specifically does Tier 1 mean.

Mark replied he sees the bulk of his clients to have an addiction with pornography in a general sense. Where it starts pushing the line under the SORNA act is they may have possession of child pornography or have visited prostitutes. He said Tier 2 would be voyeurism and exhibitionism. Tier 3 would be rape and forceable sex. They would not accept these tiers. He said Tier 1 is specifically defined to any offense the penalty would be more than one year. That is how SORNA defines it.

Assistant City Attorney Joseph Farnsworth said in the State of Utah it would be a Class C misdemeanor which is up to 90 days and Class B up 180 days or 6 months and when you get to Class A it is up to a year. So it would be anything that is Class A or below.

Mark said Tier 2 is anything over a year.

Assistant City Attorney Joseph Farnsworth said he wants everyone to be clear what Tier 1 means. So you would accept anyone who follows under that Tier 1 category regardless if they were convicted or even charged for that event. He said he wanted to be clear on this, is what you are saying is if a client told you they had a problem with child pornography, you would tell them that you would accept that or if they had a problem with lewdness, you would tell them no we wont be able to help with that. This is what you would do regardless if they have been convicted or not. Joseph said he wants to make sure that is what he is saying.

Mark replied yes.

Assistant City Attorney Joseph Farnsworth stated so Tier 1 would be viewed pornography including but not limited to child pornography.

Mark asked to clarify that statement. He foresees a client disclosing what he has done while in treatment and they would disclose this to DHS. They may have involved legal counsel on that to say what we do with him at that point. Now treatment rules do require any caregiver or counselor discovers prepetition upon a child they will need to disclose that by law. It is their intention makes sure they dont get into the criminal element. They foresee treating people that are regular members of the community and have a problem that is unknown or is threatening their marriage or family.

Assistant City Attorney Joseph Farnsworth asked what kind of screening process will you have in place.

Mark said they will have a telephone intake survey and there are questionnaires and tests that will apply.

Assistant City Attorney Joseph Farnsworth asked if they would be doing a criminal background check.

Mark replied they didnt plan to, no.

Commissioner Wilkinson asked if the clients are court appointed.

Mark replied they are not.

Commissioner Fisher said you mentioned that a lot of these people come to you by referrals from professionals. Is it typical for the professionals to be involved with these individuals on a voluntarily basis or based on some charge that may not have resulted in a conviction.

Mark said he could see that happening but with the bulk of them they come from referrals from therapists treating them.

Commissioner Fisher quoted that he said he does not intend to do any criminal background check. How would you insure that you dont get any convicted felonies if you dont do that criminal background check?

Mark replied they dont do a criminal background check but the client does an intake questionnaire and on that they are asked if they have a criminal background and falsification of that will be grounds for a dismissal of the program.

Commissioner Fisher said only if it is discovered.

Mark said that is true. He said his take on this is that he is a 10 bed facility and he sees this as being a huge need for service out there. He doesn't know if he will need to skirt those edges. Then they would be told to go somewhere else.

Commissioner Fisher said his concern is of a practical matter I know you will be focused on the treatment aspect of it but some of things some of the conditions staff is asking you to comply with the Impact Study. One of the things the Impact Study says you will not have any convicted felonies in there. So you would be in violation if you are not verifying that. The second thing it says you would not have any Tier 2 or 3 only Tier 1. His concern there is that instance where you might discover through treatment that they may in fact qualify for a Tier 2. Perhaps that individual may continued to be treated there depending on what decision you make and that would be contradicting the Impact Study in violation of condition that will be placed on the facility. You are placing yourself under those conditions and he would hope he would have means in place so you can comply with that down the road.

Mark replied that is fair enough but on the other hand, innocent until proven guilty.

Assistant City Attorney Joseph Farnsworth said that is true in the court of law but the issue here is if you are indeed representing to the City that yes we are not going to accept people who could qualify for a Tier 2 or 3. This needs to be found out in the beginning not at the middle or the end. A criminal background check will need to be required to make sure there are no felonies.

Commissioner Fisher said he read that part of the treatment will involve family members. His concern is how many families at one time, how will that work out when your focus is on 10 individuals and the spouse brings their children. Staff would be his concern at that point.

Mark said family would mean only spouses and occasionally parents. He will recommend that children will not be there. That is in their policy and procedures also. They will have additional clinical staff on hand for the family visits.

Acting Chairman Read asked for clarification on the code section that says the Police Department will be notified if you house a felony but it could be a felony of a different type rather than sex related felony to get him into a Tier 2 or 3. The code specifically says you can have a felony as long as you notify the Police Department in advance. The felony can come into your program with other charges as long as those charges do not put them into those different tiers. That would require you to do a background check for you to know. He wants to make this clear. He doesnt want the board to think you cant have a felony in your program they just need to be on the level of a different charge other than the tiers.

Ray Snyder Planner II said on the parking in the code Section 10-19-5 there is nothing listed for this type of use. Ray said Planning Commission could recommend applying Section 10-19-5 that states;Notwithstanding all provisions of this section, the Planning Commission shall take into account in each instance of nonresidential parking the type of development, use, location, adjoining uses and possible future uses in setting parking requirements, and it shall recommend to the city council a requirement of the number of spaces that it deems reasonable necessary in each instance for all employees, business vehicles and equipment, customers, clients and patients of such nonresidential property.

Assistant City Attorney Joseph Farnsworth feels the standard that was felt to be most similar was nursing home, care centers, and assisted living. That standard requires one space per three (3) beds, except where long term care is provided and then one space per two (2) beds is required.

Ray said there is a three (3) car garage available on site that may be counted for parking. There are also approximately two (2) stripped handicap parking spaces existing on site. There is a paved area that may be stripped for the additional three (3) spaces required.

Chairman Bracken said it would be sufficient enough if they could have 8 parking spaces. That would require having five striped parking spaces and three from the parking garage.

Mark said he is assuming that under the SORNA act all the tiers would only be once there is a conviction. How else would they be required to be registered if they havent had a conviction?

Assistant City Attorney Joseph Farnsworth said exactly, that is the point he was trying to make. There will be times when people will do something and never get convicted then no one would ever know. Regardless if there have never been any charges filed or any type of police report or even a conviction. If it has been done then it should qualify under this particular program.

Mark said so what youre saying is that those individuals shouldnt be treated in this facility even though they have not been convicted. Is that what you are saying?

Assistant City Attorney Joseph Farnsworth said yes, that is what I want to find out if this is what they are proposing.

Commissioner Fisher said according to this Impact Study it states you would not accept any applicant classified as a Tier 2 or 3 so if that classification is only made by conviction then what we are talking about is if you discovery somebody has engaged in something that might classified in a Tier 2 but they have not been convicted so there be by definition a Tier 2 but the activities would qualify from that they wont be involved. The Impact Study reads that you would still treat them because they qualify for that classification even though they have not been convicted of it.

Mark replied if they added the background check plus they do a very through screening when they come in and falsification of that application is grounds for removal and cause them to lose their large sum of application fees.

Stan Sullivan a counselor for the facility said he has training in sexual treatment. One of the things that have been developed is a very through screening process. Very specific questions are asked. They will have many opportunities during the screening process to divulge any types of sexual activities they have done. They will try to find them an appropriate treatment facility.

Commissioner Fisher said one of the conditions staff is asking for is that they will comply with the Impact Study. He is wondering if the facility has thought through the use.

Lynn Clark one of the therapist of the facility said she understands what he is saying. She feels the Impact Study should be re-written.

MOTION: Acting Chairman Read made a motion to recommend to City Council approval a request for a conditional use permit (CUP) to establish a residential treatment facility titled Desert Solace located at 4200 N 1239 W Lot 8 of the JEL amended subdivision subject to compliance with all of the staff comments 1-10 plus the one they have discussed that would be Tier 1 or less, that there is a criminal background check, a screening processing in place and they comply with the Impact Study before they go to City Council have it clarified when they are dealing with a felony and if there are any changes make sure they are brought to City Council attention. A parking requirement that they have parking for staff and one space for every 2 beds. A minimum of 8 parking spaces will be required.

Assistant City Attorney Joseph Farnsworth said the motion needs to state that if there are changes to Impact Study the Citys Legal Dept. will need to review it before it goes to City Council.

Acting Chairman Read accepted that into his motion. Commissioner Fisher seconded the motion. All voted aye.

MINUTES

Consider approval of the Planning Commission minutes for March 27th and April 10th, 2012.

MOTION: Commissioner Taylor made a motion to recommend approval of the minutes subject to minor corrections. Commissioner Hullinger seconded the motion. All voted aye.

Meeting adjourned at 7:10 p.m.