The meeting was called to order at
05:29 p.m. All present included
Chairman Dennis Mehr,
Commissioner Cheyne McDonald,
Commissioner Adel Murphy,
Commissioner Mike Scott,
and Commissioner John Reed.
Kevin Rudd reported that this is a recorded subdivision consisting of four (4) lots. The owner of Lot #3 wanted to add more property to his lot. The owner is purchasing twenty-five (25’) feet from Sun First Bank to extend his lot. The Technical Review Committee recommends approval.
Chairman Mehr opened the Public Hearing and with no response closed the Public Hearing.
MOTION: Commissioner John Reed moved to recommend approval of an Amended Preliminary Plan for Ivins View Subdivision located approximately 400 South and 50 West. Sun First Bank and David Sorensen, applicants.
SECOND: Commissioner Cheyne McDonald
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner John Reed |
AYE |
Kevin Rudd reported that prior to a zone change to RE-20 (Res. Estates Min. 20,000 sq ft) and RE-15 (Res. Estates Min. 15,000 sq ft) this property was zoned RA-1 (Res. Agriculture Min. 1-Acre). The Desert Oasis Subdivision Final Plat expired. The subdivision went into foreclosure and was purchased by Ron Blake to use for agriculture purposes. RA-1 zone allows the keeping of livestock, agricultural accessory buildings and associated farm equipment. The current zone is Low Density Residential. The zone request for RA-1 does comply with the General Plan.
Chairman Mehr opened the Public Hearing.
Cody Young owner of the Cielo Vista Subdivision expressed concerned about the aesthetics of the development being adversely affected by the farm access. Hay has already been stacked on the bottom corner of the property, a fence has been torn down to access the parcel and the road is being used to access the parcel. He questioned what type of buildings would be allowed and whether the property required a road with curb and gutters, etc. or if it could be used for any general purpose needs for agriculture. He is in the process of installing a wall around the property and selling lots. The Zone Change will make it difficult if the aesthetics are adversely affected.
Russ Gallian, an attorney, represented the applicant, Ronald Blake. His client plans to put a home near the Cielo Vista Subdivision. The understanding is that the Cielo Vista road is a public road, and the applicant has the right to access his property from a public road. The largest parcel will be farmed as a hay field. There will be some cattle, including a corral, on the smaller parcel. There will be a few cattle on the property all the time. Since he has a BLM permit, there may be as many as twenty (20) cattle at certain times. The corral will be approximately 200-300 feet away from the Cielo Vista Subdivision. It a good opportunity to allow the promotion of agriculture since it was originally agricultural property. The economy does not allow proceeding with residential development even though it may happen in the future. His client’s life style is that of a rancher and he wants to continue to ranch. He will install bug zappers to held with flies and put trees around the edge of his home which will help with aesthetics.
Joshua Blake, son of the applicant, stated that the plan is to fence the property and seed within two to three weeks. His dad plans on building the home in the near future along with the trees. Cattle from his Dad’s ranch on the Arizona strip will be relocated to this property during the spring and through summer. After the cows are weaned, they go to auction. In winter there would be a couple of cows on the property for food for the family. Normally, he would keep the cows there longer but he is willing to keep them there through spring and summer.
Jay Beachman owns property adjacent to the applicant's property and since the previous property owners had cattle and corrals in the same place before the rezoning, he was in favor of the Zone Change. The neighbors east and south don’t have a problem with the rezone.
Kerry Kaut lives on 280 South and stated that the proposal complies with the Land Use Plan because the corrals and agriculture were previously there. The aesthetics is a personal issue. Another subdivision may not be aesthetic to some people. A significant portion of the town is still agricultural. Based on the current economy there is anticipated growth, but there is no need to deny a proposal that complies with the Land Use Plan based on possible future development. He supports the proposed zone change.
Chairman Mehr closed Public Hearing.
Kevin Rudd explained that Mr. Blake is aware that eventually 200 South will be a through street, and if the property is subdivided, the home would need to be on a legal lot. 200 South is a public road and Mr. Blake has a right to access his property. If he builds a home, he would have to provide an egress driveway with a road base and may have to install fire hydrant. If sewer is there, he would be able to stub into the sewer.
The regulation for corrals is to maintain a minimum of 100 feet to any other residents. It is over 100 feet to Cielo Vista Subdivision and other residential areas.
Commissioner Reed referred to the General Plan that supports and encourages the preservation of farmlands and open pastures that recall the agricultural heritage of Ivins. The agriculture policies also clearly recognize the preservation/conservation of agricultural land. Based on the heritage and Ivins identity of cultural uses and that it fits within the Land Use Plan, the area and General Plan, he was in favor of the Zone Change.
Commissioners Scott asked since the ordinance allows agricultural uses in a variety of residential zones, could the zoning be kept the same and then the applicant applies for a Conditional Use, or is the issue that an agriculture building could not be built under the existing zone but could be built on a lower density zone such as RA-1?
Kevin Rudd explained that agricultural buildings are only allowed in A-20, RA-5 or RA-1. Barns, corrals and stables are only allowed in agriculture zones and domestic animals are only allowed in the specific agriculture zones. As Zoning Administrator he interprets the ordinance for residential zones that cattle can graze, grow hay but no corrals or permanent structures. Ronald Blake wants to set up permanent corrals, feeding area, store agriculture equipment, cattle and a home. To protect his rights, the applicant was advised to do a zone change to set up an onsite agricultural operation.
Commissioner Scott was in favor of the Zone Change based on the explanation.
Commissioner McDonald was concerned about the number of cattle allowed, and if the zone was approved whether the number of cattle could be controlled. It could become a nuisance.
Kevin Rudd referred to Chapter 1213 Domestic Live Stock. There is no restriction on the number of livestock kept on five (5) acres or larger in zones A-20, RA-5 and RA-1. The pens and shelters need to be kept clean and sanitary but it’s hard to regulate. There will be flies and smell. Agricultural uses exclude concentrated animal feeding operations as defined in Utah Code which refers to a large operation, over 300-1,000 head of cattle for example.
Commissioner Murphy felt that it is consistent with the Land Use Plan and in the spirit of the General Plan. She did not have a problem with the Zone Change.
Chairman Mehr was also in favor of the Zone Change based on the General Plan that states, "Agricultural land is a non renewable resource that is recognized as a valuable land use. Agricultural land has two public benefits: preservation of open space and aesthetic values associated with the rural lifestyle that has played an important role in the region’s heritage."
MOTION: Commissioner Cheyne McDonald moved to recommend approval of a Proposed Zone Changes from RE-20 (Res. Estates Min. 20,000 Sq Ft) and RE-15 (Res. Estates Min. 15,000 Sq Ft) to RA-1 (Res. Agriculture Min. 1-Acre) located between 450 West and 600 West on 200 South. Ronald Blake, applicant.
SECOND: Commissioner Adel Murphy
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner John Reed |
AYE |
Kevin Rudd explained that the two applications are being processed together. There is an existing Conditional Use Permit on this project located by the reservoir. Commissioner Reed owns Building K which is being built, and there is Building I. Basically, these are townhomes with artist studios. The project name is Crescent Moon Village. The Amended Conditional Use Application references an approval to build two (2) detached garages for Building I, and the remaining buildings shown on the amended plan would be submitted under a future design review and would not be built until it went through the approval process. Approval of the Conditional Use Application would allow the applicant to obtain a building permit for the garages.
Mixed Use Overlay Zone Change Application refers to the uses only because no detailed plans have been submitted, other than some cross sections. The buildings on the lower side of the project are approximately thirty feet (30’) high but standing on the reservoir the height is approximately twenty-two feet (22’). Detailed plans would be submitted for approval before any building permits are issued. The current zone is C-1 but the adopted Land Use Plan shows commercial with light manufacturing. Since a zone has not been created for that designation, if approved this project will be a legal nonconforming use. On the Land Use Plan there is a pod of high density resident to the north of the project. The proposed zone is R-M (Residential Multi Housing District) which allows any type of residential use such as a single-family dwelling, duplex, 3 plex, multi-family, etc., if approved. C-1 zone also allows short term rental such as motel/hotel.
A Mixed Use Overlay Zone requires written text and a site plan, and most projects will require a Development Agreement. Any amendments to this plan would go through the approval process.
Commissioner Reed and Kevin Rudd discussed concerns about the uses for C-1 with regard to creating new uses, definitions and zones for Commercial and Community Commercial and if the new designations would apply to this project as Commissioner Reed could see some conflicts since it is commercial with light manufacturing.
Kevin Rudd explained that the Commission should look at this project under the existing ordinance as the C-1 zone and it’s allowed uses. If a new zone is created, the project becomes a legal nonconforming use and as the Commissioners create new zones this needs to be taken into consideration.
The existing storage units are a legal nonconforming use. In the last amendment Terry Marten received approval for future use all of the unused storage space (16,000 sq ft) that has not been built. He has a right to build 16,000 sq ft. RV storage area since it is an existing use. However, under this development agreement, this use and the 16,000 square feet of storage need to be clarified that it is only allowed within the area where it was originally allowed.
The other uses being proposed were reviewed (see plan and written text for details).
Chairman Mehr opened the Public Hearing.
Lance Anderson pointed out that drawing #1 Schematic Site Plan shows twenty-one (21) units but the text shows twenty units (20). The drawing is correct. He read the introduction about the massing and geometries of the Crescent Moon Village and asked that the Commission not get caught up on the height. On Page 3 of the submittals it shows how the measurements of the buildings are defined. The inner portion of the village is thirty feet (30’) but the massing is set back and the back portion of the buildings are twenty-two foot (22’) and are surrounded by open space. Kayenta has an agreement with the Water Conservancy District to landscape the buffer area which will be larger than most buffer areas. The heights and setbacks have been defined.
Commissioner Reed asked if the grading plan showed the established grades for buildable surface area, the roads, actual building surface and the height of the buffer area around the area.
Lance Anderson stated that the text states the roads are within a foot and might be closer. They want to leave flexibility in the text. The pad will change with the design of the building.
Commissioner Reed felt that something definitive should be shown such as thirty feet (30’) from the grade of the building pad. He asked if the height is measured from the roadway.
Lance Anderson stated, "Yes."
Commissioner Reed asked about the alternative plan compared to the current grading and expressed concerned about the RV’s being in view and not shielded. There is 35,000 square feet of open storage and anywhere else in Ivins the vehicles would have to be shielded.
Lance Anderson stated that when the studios/storage units are built there will be a buffer and courtyard walls. In the alternative plan the open storage is totally interim.
Commissioner Reed felt that interim could be 10-15 years and expressed concern about the RV heights. There should be a buffer. There was also a letter received from Mr. Sears about dust.
Kevin Rudd explained that he spoke with Mr. Sears and explained the dust control process. Mr. Sears was more concerned about dust when the grading begins.
Lance Anderson explained that a portion of the land appears to be sensitive lands. Even if there are sensitive lands, there is enough space to build what they want. Sensitive lands just have more restrictions.
In Mixed Use Overlay Zone they have tried to define the uses. The goal is to have the area and uses defined and where the buildings will be conceptually located. After the buildings are designed, a plan will be submitted with heights and setbacks. With the approval of the Conditional Use, a permit can be obtained to build the detached garages.
Commissioner McDonald asked what will be done with all the open storage when Kayenta starts building on it.
Lance Anderson felt that there would be an agreement with the people that once the building starts the storage would be located elsewhere. The first amendment allows 16,000 square feet in a designated area. He asked for flexibility when it came to building storage as it could be moved to another area where it would be more aesthetically pleasing.
In reference to the Mixed Use Overlay Zone Change he asked that the Commission approve the uses requested because they were trying to obtain a certificate of occupancy for Building I.
Chairman Mehr closed the Public Hearing for Agenda Item E.
MOTION: Commissioner John Reed moved to amend the agenda to move Agenda Item G ahead of Agenda Item F.
SECOND: Commissioner Adel Murphy
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner John Reed |
AYE |
Chairman Mehr opened the Public Hearing on related Agenda Item G and with no comment closed the public hearing.
Chairman Mehr explained that Agenda Item F and H would be discussed together.
Commissioner Murphy asked for clarification about the certificate of occupancy that was pending on Building I.
Kevin Rudd explained that Building I has already been modified with the detached garages. The garages were not built according to the plan. It is out of compliance with the existing Conditional Use Permit.
Commissioner Mehr asked if the Commission could go forward with the Conditional Use Amendment since Staff is recommending approval.
Dale Coulam asked if the Conditional Use Amendment extended beyond Building I.
Kevin Rudd stated that it covered the entire project.
Dale Coulam felt that approving the Conditional Use before approving the Mixed Use Plan presented a problem. He explained in detail why he felt the Commission was not in a position to make a recommendation on the plan until the plan had more specific standards.
The Mixed Use Overlay section of the Zoning Ordinance allows the applicant to create new zoning within a mixed use project. The plan needs to be to the specificity and the level of a Zoning Ordinance because it takes the place of the Zoning Ordinance. Therefore, a table and/or text should clearly define the maximum heights of buildings, how the height is measured and any other standards of the project such as lighting, etc. If the applicant is planning on deviating from the standards of the Zoning Ordinance, it should be spelled out. Otherwise, if it does not specifically override the City’s ordinance, the City’s ordinance will apply which states that the standards of the most restrictive zones will apply.
Lance Anderson explained that they tried to accomplish the same thing that the Zoning Ordinance book allowed. The residential heights are specified and the drawing defines the commercial buildings. His plan was to submit the plan for approval and then submit a document based on their discussions and include the drawings in the document. The maximum height would be thirty feet (30’) for all the buildings. The only additional areas he felt needed to be addressed were commercial and lighting. We don’t have a plan because we don’t know how it is going to function that’s why the design plan would be submitted when it’s ready to be built. This plan was submitted to let the City know what we are doing.
Dale Coulam explained that the plan submitted is broad in scope and lacks the required specificity. He suggested that the applicant review and address all the items in the table of Chapter 8 of the Zoning Ordinance. Any modifications need to be spelled out specifically in the plan and that becomes the new zone. The plan needs to be a document that can be referred to for any aspect of that plan. There should be text and tables to identify what the standards are.
|
G. |
Public Hearing on a Mixed Use Overlay Zone Change Application from C-1 (Community Commercial) to C-1 (Community Commercial) and R-M (Multiple Res. District) located approximately 1500 West off Highway 91 and south of Ivins Reservoir. Kayenta Development, Inc., applicant. |
See discussion under Agenda Item E.
MOTION: Commissioner John Reed moved to table the recommendation of a Proposed Amendment to a Class V Conditional Use Permit for Crescent Moon (formerly Kayenta Storage Area) and a Mixed Use Overlay Zone Change Application from C-1 (Community Commercial) to C-1 (Community Commercial) and R-M (Multiple Res. District) located approximately 1500 West off Highway 91 and south of Ivins Reservoir to the next regularly scheduled meeting. Kayenta Development, Inc., applicant.
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Cheyne McDonald |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner John Reed |
AYE |