Planning Commission

Copy of the City of Ivins record for Planning Commission, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.

IVINS CITY
PLANNING COMMISSION
MINUTES
March 31, 2009
435-628-0606

1)	WELCOME AND CALL TO ORDER

CHAIRMAN AND COMMISSIONERS: The meeting was called to order at 05:34 p.m. All present included Commissioner Cheyne McDonald, Commissioner Mike Scott, Acting Chair John Reed, and Commissioner Dennis Mehr.

STAFF: City Manager Judy Gubler, Building and Zoning Administrator Kevin Rudd, and Deputy City Recorder Martha Wilson
AUDIENCE: Barbara Rusick, Chris Hart, Adel Murphy, Linda Gordon, and Vicki Smith.

A.	Acknowledgement of Quorum

In the absence of Chairman Dennis Mehr, Commissioner Reed opened and conducted the entire meeting as Acting Chair and acknowledged that there was a quorum.

B.	Flag Salute

Commissioner McDonald led the Flag Salute.

C.	Invocation

Commissioner McDonald gave the Invocation.

D.	Disclosures

Commissioners McDonald, Reed and Scott had no conflicts of interest or disclosures. Commissioner Mehr arrived at 5:35 PM and noted that he had no conflicts of interest or disclosures and ask Commissioner Reed to continue as Acting Chair.

2)	REPORTS AND PRESENTATIONS (None)

3)	HOME OCCUPATION LICENSE AND BUSINESS LICENSE

Kevin Rudd reported that this business is proposing to install and fabricate window screens and/or retractable door/window screens. Mr. Furr has a truck that he will use in connection with this business. Approximately three hundred fifty square feet (350’) of the garage/shop will be used to store materials and tools. Staff recommends approval.

Commissioner Reed asked if the fabrication of the windows would take place on site.

Kevin Rudd explained that he would need to verify that but he may be fabricating inside his shop.
Acting Chair Reed asked if fabricating would fall under Home Occupation Business License.
Kevin Rudd explained that the Home Occupation Business License doesn’t prohibit someone from manufacturing at their home. The ordinance says that the applicant cannot produce noise and sight in the neighborhood. The applicant previously had a license performing the same type of business out of his home for years, and the City has not received any complaints. It is up to Staff and the Commission to determine if a business would produce noise. All items related to the business should be stored in an enclosed area. Since this applicant was running a business before and there have been no problems, Staff brings this application forward for approval.
Acting Chair Reed asked, "So as long as the business fits in the character of the neighborhood it falls within the a Home Office Business License?"
Kevin Rudd stated, "Yes." If there were power saws or tools, etc., the Commission would have to take that into consideration.

MOTION: Commissioner Mike Scott moved to approve a Home Occupation Business License for Stay Cool Shades located at 93 W. 300 N. James Furr, applicant.
SECOND: Commissioner Cheyne McDonald

VOTE: The motion carried unanimously.

Kevin Rudd reported that the applicant proposes to use eighty-one square feet (81’) of the home for an office and to store the cutlery. A client may come to their home once a month. There is adequate parking. Staff recommends approval of this application.

MOTION: Commissioner Cheyne McDonald moved to approve a Home Occupation Business License for Dubble Trubble Cutlery located at 427 S. 100 E. Vicki L. Smith, applicant.
SECOND: Chairman Dennis Mehr

VOTE: The motion carried unanimously.

Acting Chair Reed asked if there was anything further to report.
Kevin Rudd explained that a date had been set for the joint work meeting with the City Council, and there will be no further discussion until that meeting occurs.

Page 4: Change "non profiting organization" to "non-profit organization"
Page 6: Change Motion to read "Commissioner Reed moved to approve"

MOTION: Commissioner Mike Scott moved to approve the Ivins City Planning Commission minutes for March 17, 2009 as amended.
SECOND: Commissioner Cheyne McDonald

VOTE: The motion carried unanimously.

Kevin Rudd reported on the status of the Fitness Ridge Resort and Spa. Their construction project stopped because of the economy’s financial problems and they could not obtain funding. After the funding was in place, they made a major effort to get the guest housing completed because guests were scheduled to come the weekend of March 20. The building was completed and a certificate of occupancy was issued. Currently, the developers are working on the gymnasium and an addition to the main building. Tamara Clark came in with her architect and engineers and met with Staff in regards to expanding the project. She has worked out an arrangement with the TV program "The Biggest Loser" to become a spa the program would recommend for people to come and have the biggest loser experience. This would require that the guest housing be increased from approximately forty (40) guests to two hundred (200) guests. The plan is being revised, and she will be coming forward with another plan to amend the Conditional Use Permit. If the spa expands beyond their property boundary, of which they have already expanded to Kemp Griffin’s property, at some point instead of amending the Conditional Use Permit it may require a new Conditional Use Permit.
The Charter Vista School had its groundbreaking ceremony last week. They are still working with Staff but a permit has not been issued. The first permit issued would be a construction permit from Public Works Department for grading, installing storm drains, water and underground lines, and street improvements. The second step is to start construction on the building. The plan will be submitted as a fast track project which means the foundation plan will be submitted for review, and the other sections will follow for review. Their opening date is the early part of August, and the Building Department and Staff will work with them to accomplish the date.
Acting Chair Reed asked if the school was being built as a design build where the architect and builder are in partnership.
Kevin Rudd wasn’t aware of the relationship or who the builder was at this point. Several names had been mentioned.
Acting Chair Reed asked if the Fitness Ridge was looking to expand into the adjacent property which is C-1 (Community Commercial).
Kevin Rudd advised that the Fitness Ridge was looking at the C-1 zone. In the Table of Uses of the Zoning Ordinance a resort is allowed in C-1. There may be some uses within the resort zoning that may conflict with C-1. However, he did not think it would require a zone change. One difference is the resort commercial zone allows condominiums to be built but C-1 zone does not allow it.
Acting Chair Reed commented that condominiums would be their expansion.
Kevin Rudd stated that the expansion would be defined as rental units. There would be a subdivision plat recorded. She may sell individual units. However, there have been discussions between Staff and the applicant that there would be a development agreement and some type of deed restriction that would tie the units permanently to the spa. Even though the units would be built as condos and someone would own them the units would be used as rentals.
The definition of a Resort in the Zoning Ordinance states the uses and says "and a variety of types of housing." Currently, Fitness Ridge has twenty (20) hotel type units but some guests may prefer a cottage/condo type of housing. The wording in the ordinance does not restrict them to hotel units and opens the door to a variety of residential housing units. However, the housing unit could not be sold for someone to live in it as a dwelling. The City Council should have some type of language in place that permanently attaches that type of use to the spa.

MOTION: Commissioner Cheyne McDonald moved to adjourn
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

The meeting adjourned at 5:53 P.M.

Commissioner Cheyne McDonald	AYE
Commissioner Mike Scott	AYE
Acting Chair John Reed	AYE
Commissioner Dennis Mehr	AYE