CHAIRMAN AND COMMISSIONERS:
The meeting was called to order at
05:30 p.m. All present included
Commissioner Cheyne McDonald,
Commissioner John Reed,
and Commissioner Mike Scott.
STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, and Deputy City Recorder Martha Wilson
AUDIENCE: Jerry Blair, Barbara Rusick, Steve Beck, and Lance Anderson.
Vice Chairman Reed acknowledged there was a quorum. Chairman Mehr and Commissioner Murphy were excused.
Commissioner Scott led the Flag Salute.
Commissioner McDonald led the Invocation.
The Commissioner present had no conflicts of interest with the items on this meeting's agenda.
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2) |
REPORTS AND PRESENTATIONS (None) |
Kevin Rudd reported that this Home Occupation Business will use 100 square feet of the home to store rifle scopes and the applicant proposes to sell the scopes at gun shows. A fire inspection was not required, and there are no employees or clients coming to the home. Staff recommends approval.
Vice Chairman Reed commented that there is minimal impact to the residents.
There were no further comments.
MOTION: Commissioner Cheyne McDonald moved to approve a Home Occupation Business License for High Desert Optics and Scopes located at 135 N. Main. Steve Beck, applicant.
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
| Commissioner Cheyne McDonald |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
AYE |
| Chairman Dennis Mehr |
ABSENT |
| Commissioner Adel Murphy |
ABSENT |
Kevin Rudd reported that the amended ordinance and Zoning Map has been available for the public to review.
Vice Chairman Reed opened the Public Hearing.
Lance Anderson distributed a document on "2009 Fiber-Optic Expansion" which is a wireless service business run by Alex Wigley and Blake Dixon that provides high speed Internet and VoIP to the Kayenta and Ivins proper. He asked the Commission to consider allowing smaller poles (20-25 ft high) within the use tables so that this service could be provided. The proposed location for the smaller pole is Center Street and 800 West where a fiber optic connection can be made. He suggested that smaller poles be allowed in RA-1 (Residential Agriculture, min lot (1) acre), RA-5 (Residential Agriculture, min lot (5) acres) and commercial zones. Currently communication towers are only allowed in the A-20 (Agriculture District) zones.
Alex Wigley explained that the system uses the unlicensed FCC five figure hood ranges.
Kevin Rudd gave an example that if smaller poles are allowed in lower density zones such as RA-1 and RA-5 zones in the use tables with a maximum pole height of twenty-five (25’), it would be the maximum height for a residential structure in those two zones. By limiting the height it would limit the impact, and at the same time allow smaller poles to be placed in other areas that would benefit the City.
Commissioner Reed closed the Public Hearing.
Vice Chairman Reed’s concern was coming up with a solution that not only keeps pace with this technology but allows for future technology. If this technology is going to be distributed throughout the City, restricting the service to an RA-1 or RA-5 zones may not work as well citywide and within high density residential areas. Kevin Rudd agreed that allowing them in higher density zones may not work. However, Santa Clara has some poles in their city parks hidden within the baseball fields. It is common to incorporate them around the lighting of the baseball fields.
Dale Coulam explained that putting an antenna on your house is a different regulation. This is referring to telecommunications which is called a monopole. This is a smaller version but fits that definition. This type of pole could be allowed in an RA-1 and RA-5 up to a maximum height of the house limitation, and residents could put an antenna on their homes to receive a signal. But allowing them in residential estates would get into densities that may be difficult to install a monopole and have it fit in the area.
Kevin Rudd explained that the ordinance states the maximum height of any monopole, antennas and support structure shall comply with the maximum height of the zoning district and the poles are measured from the natural grade.
The City Council asked the Technical Review Committee (TRC) to discuss this proposal. The TRC felt there was a need in the City and should be considered by the Commission and City Council.
Commissioner Scott asked if allowing this service in the RA-1 and RA-5 zones would accomplish what Kayenta is requesting.
Kevin Rudd explained that the use would be allowed in these zones. However, it would still require a Conditional Use Permit.
Commissioner Scott commented that the height limitation would mitigate the visual impact, and the text that is already written for the monopole requirement gives the Commission the authority to determine whether a monopole and its accessory equipment facilities would have no visual impact.
Vice Chairman Reed suggested allowing a height of twenty-five (25’), two foot (2’) in diameter, or 28x36 grid.
MOTION: moved to
SECOND:
VOTE: The motion carried unanimously.
| Commissioner Cheyne McDonald |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
AYE |
| Chairman Dennis Mehr |
ABSENT |
| Commissioner Adel Murphy |
ABSENT |
Vice Chairman Reed requested a copy of the revised General Plan and the Vision Dixie principles for those Commissioners that do not have the documents. These documents would impact the Commission’s discussions and are valuable as guiding documents.
The existing definitions and uses were reviewed. The following comments were made:
1. Revise the Commercial Districts definition to match the General Plan’s goal. Specifically, change the goal from a "destination and resort community" to "destination resort"
2. Blue collar work places are not allowed in the use tables such as automotive maintenance and repair, outside storage, etc. The current definition in the General Plan states that it’s a use that does not create any nuisances to adjoining properties. It implies that it can be done in a small commercial development based on how it is done and in an attractive fashion. The whole principle of community is that you should not have to drive to another city to get an oil change. These uses should be considered and definitions created to suit the zoning districts.
3. Create definition for bicycle shops and bicycle maintenance shops.
Kevin Rudd explained that this type of business could be considered under the Community and Resort Commercial Retail Sales and Services classification which is a catch all definition, and it could be allowed in the Neighborhood Commercial Retail Sales and Services with a smaller building. The use is not allowed in residential areas.
4. Art Studio Definition: Revise definition to include various types of artists and be more specific in the definition of an artist.
Kevin Rudd suggested a subcategory for art studios that would allow the residential use so that someone could obtain a Conditional Use permit and not have to have a mixed use overlay on the entire zone. Other issues were discussed such as art gallery uses, art classes, etc. and how a Conditional Use Permit would define the business.
5. Reviewed the definitions for Commercial - Neighborhoods, Commercial - Community. Commercial Community provides locations for commercial uses that provide services and work locations for all of Ivins but are distributed to limit impact.
Kevin Rudd distributed the Gould/Evans report and explained that Gould/Evans presented the uses for the new zones except for the Professional and Research classification which was created by the Planning Commission. There are two concepts: Ivins Village Resort and Ivins Village Town Center. These are two distinct land uses and zones to be created but the concept is a village concept that has a large residential component. The biggest differences between these two land uses is where to allow the civic location such as the future City Hall. The City Council decided it should be in the Town Center. The use table for the Town Center should include the civic location but not in the Village Resort area. There are residential components in both.
6. Commercial - Professional and Research: The existing Professional Offices definitions fit this zoning. Green industries might fit in this classification. Software industry would fit in this category but would building a proto type, natural gas turbine generator for hybrid vehicles or micro chips, etc. fit within this use.
Commissioner Scott suggested taking each commercial classification on the Land Use Plan, ignore the zones that have been deleted and define the purpose, setback, heights and the conditional uses allowed. If the matrix doesn’t provide the type of use, write the use in.
Kevin Rudd agreed that a description or definition should be written that distinguishes it from the other commercial zones.
Vice Chairman Reed will research other cities for the type of zones for the proto type facilities/green industries, etc. The challenge is how does Ivins create a viable tax base that fits within the character of Ivins, provide the services needed, the type of infrastructure and revenue from the outside that the City needs. The space needs to be created or business will go somewhere else.
Commissioner McDonald commented that the more restrictions imposed the less opportunity Ivins has.
The Commissioners continued dialogue on how they should approach writing the descriptions, purpose and uses.
Kevin Rudd commented that there are no specific heights and setbacks in commercial zones unless it abuts a residential zone. Then the setbacks have to be the same setbacks as residential. The ordinance limits the height to thirty-five feet (35’) but there is a special exception that can be approved by the City Council. The heights and setbacks could be reviewed but he did not see that being changed. He also encouraged the Commissioners to think about other uses not defined such as auto repair, oil change, etc. An example is Riders which is a legal nonconforming use. If it were to shut down for a year, it could not be reopened unless there was an amendment to the ordinance.
Vice Chairman Reed read the General Plan and commented that Ivins may be a destination community but will it survive if we don’t attract the outside area. We need to develop the use but keep the City attractive.
Kevin Rudd stated that certain uses are difficult to zone, such as cabinet shops being in an art studio area. Also, the two catch all uses for Commercial Retail Sales and Services need to be more specific. A use chart is better than just a catch all phrase.
Vice Chairman Reed felt being specific is better.
Dale Coulam commented that if there is a catch all definition, define the use but express a limitation. There would probably still be a limited catch all definition because it is difficult to define every type of business.
Commissioner Scott felt that the Commissioners could carefully define the uses once they start with the definition and purpose of the land use zones. Then the current use charts can be modified.
The Commissioners will review other cities uses and bring the information back to the Planning Commission.
MOTION: Commissioner Mike Scott moved to approve the Ivins City Planning Commission minutes for June 30, 2009.
SECOND: Commissioner Cheyne McDonald
VOTE: The motion carried unanimously.
| Commissioner Cheyne McDonald |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
AYE |
| Chairman Dennis Mehr |
ABSENT |
| Commissioner Adel Murphy |
ABSENT |
Commissioner McDonald will make the report to the City Council for this meeting since the Chairman and Vice Chairman will not be available.
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C. |
Building & Zoning Administrator, Kevin Rudd (None) |
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D. |
City Attorney, Dale Coulam (None) |
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E. |
Items to be placed on future agendas (None) |
MOTION: Commissioner Cheyne McDonald moved to adjourn
SECOND: Commissioner Mike Scott
The meeting adjourned at 6:57 PM.
VOTE: The motion carried unanimously.
| Commissioner Cheyne McDonald |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
AYE |
| Chairman Dennis Mehr |
ABSENT |
| Commissioner Adel Murphy |
ABSENT |