Dale Coulam reported that the Conditional Use Permit and the Mixed Use Plan were continued from the previous meeting until an adequate mixed use plan was submitted. The mixed use plan has been amended and each of the design guidelines of the Zoning Ordinance has been addressed. The plan meets the minimum requirements. The following conditions were discussed in the previous meeting:
1. The amount and location of additional RV storage: Currently, storage is not a permitted use in the Zoning Ordinance. The approved storage on the previous conditional use permit is a legal nonconforming use. The applicant cannot expand the storage and cannot expand beyond the boundaries of the existing conditional use that was previously granted. It is limited to the amount and geographic areas. If the Commission grants the conditional use, this would not expand the amount of storage or the area in which this additional RV storage can be used.
2. The adequate screening of RV parking
3. Dust control
Any other adverse impacts should be considered.
Commissioner Murphy asked if the applicant was entitled to use what they were previously granted as a legal nonconforming use.
Dale Coulam stated, "Yes" but the amount and area of the additional storage should be clarified.
Commissioner Reed asked if a table or drawing was included in the amended plan that shows how the height is measured.
Dale Coulam explained that previously there were drawings with no text but now the applicant has addressed each item including the building height and set forth some standards. The text indicates it is measured from the lower floor level. The minimum requirement has been addressed. The Commission has the discretion to modify that language.
Commissioner Reed noted that Cross Section A indicates the building height at thirty feet (30’) but the written text is revised to thirty-two feet (32’) from entrance grade level. Also, the Open Space requirements and the common amenities requirements addressed in the Multi-family Housing Ordinance are not addressed in this plan’s table or the drawing. Therefore, the multi-family housing requirements would be the most restrictive zone. Even though Open Space is listed in Sections 704-17 to 704-21, the common amenity requirement could be required.
Dale Coulam explained that those issues could be addressed during the consideration of the Mixed Use Zone application and plan.
Commissioner Reed explained that the neighbors are some distance from the project and the impact to neighbors would be limited to traffic.
The following conditions were discussed:
1. Dust: The dust is limited to construction and will be covered by the ordinance.
2. Screening of Storage: Dale Coulam explained that under the RV Parking Ordinance it requires a six foot (6’) wall. In lieu of that if the applicant is not putting up a six foot (6’) wall, there could be some berming or landscaping.
Commissioner Reed noted that the grading plan shows berming at six feet (6’). The plan also shows a significant amount of landscaping across the Reservoir Park, and it appears there are courtyard walls behind the residential portion, possibly four foot (4’) height. The courtyard walls plus six feet (6’) would be ten feet (10’). However, the walls would not be constructed immediately. Everything would take place when the developer has funds. Much of the storage is in a lowered bermed area, approximate 10-15 feet below. Some of the area is screened by bushes, wash, etc.
Chairman Mehr asked if the requirement could say that the RV storage is sufficiently screened as per the Zoning Ordinance.
Dale Coulam suggested that the Commissioners be more specific because the RV Parking Ordinance applies to residential zones. However, this plan is a mixed use plan with residential and commercial, and it could be argued that it applies. For clarity, it could say any RV storage requires six foot (6’) screening accomplished by berming, landscaping or a block wall.
3. Storage: Dale Coulam explained that the storage cannot expand beyond the current legal nonconforming useor beyond existing boundaries. The applicant asked to be allowed to move the storage. It may or may not be a good thing aesthetically. He did not feel it was legal to move a nonconforming use to another parcel. A legal nonconforming use is limited to the scope and the parcel of property in which the legal nonconforming exists.
The open storage is limited to Kayenta residents only.
4. Roads: Commissioner Reed explained that there are two roads to the property. One off Highway 91 and one from West Lake road. The narrative encourages traffic to the village from Crescent Moon Trial to West Lake, and the traffic to the storage to use Highway 91. There is a private residential cross section listed in the plan. But the access to Highway 91 will have to meet general plan requirement for commercial traffic, and that requires a fifty-five foot (55’) minimum right-of-way. The residential cross section is not sufficient for commercial use.
Lance Anderson explained that Kayenta has an agreement with the City, and the road from Highway 91 falls under an existing conditional use. There is no right-of-way widths established for the road. The City would be working on that road in the future.
Dale Coulam felt that as the park develops, the road would be improved and possibly realigned, and then it would be a public road and would meet the public road requirements.
5. R-M zone: Commissioner Reed noted that the R-M zone requires certain amenities that are not included in the plan.
Lance Anderson explained that the Mixed Use Overlay allows Kayenta to create their own zone. Language needs to be included in the text that says because of the nature of the environment it is not a true R-M zone. Because of the commercial elements Kayenta wants to exclude any common amenities.
Commissioner Reed felt that it should be a required condition or brought up to the City Council.
Dale Coulam stated that it’s not a condition that mitigates adverse impact. It is related to Agenda Item B Mixed Use design elements. The applicant could ask to amend the plan.
MOTION: Commissioner John Reed moved to recommend approval of a Proposed Amendment to a Class V Conditional Use Permit for Crescent Moon (formally Kayenta Storage Area) located approximately 1500 West off Highway 91 and south of Ivins Reservoir, Kayenta Development, Inc., applicant subject to the following conditions:
1. the amount of storage is limited to the existing approved square footage
2. said storage shall be limited to the geographical area that was previously approved based on our city attorney's legal opinion.
3. Any open storage granted by this plan shall be restricted to use by Kayenta residents as an accessory use to Kayenta and is restricted to RV's, trailers and boats.
4. the RV storage requires a minimum six foot (6') high screening above parking grade level, solid block screening shall consist of solid block wall, berming, landscaping, combination of all or similar.
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 |
Dale Coulam reported that the Mixed Use Plan becomes the zoning for this mixed use project. The Commissioners may want to clarify the design requirements. The applicant is willing to accept the City standards and/or the more restrictive of the two zones but proposed some changes. Focus on the changes and make any modifications. The recommendation would be on the Mixed Use Overlay Zone Change together with the Mixed Use Plan.
Commissioner Mehr stated the applicant is requesting an overlay to the C-1 (Community Commercial) with an R-M (Multiple Res. District) zone allowing for the various land uses. This plan would keep Kayenta’s options open for the future.
Commissioner Murphy suggested focusing on Table 8-2 to see if the Commissioners are in agreement with what the applicant is proposing.
The Commissioner reviewed each category in Table 8-2 Mixed Use Development Overlay District and commented on the following:
Maximum Building Height:
Commissioner Reed noted that the proposed standard states, "All heights should be measured from the lower floor level." Should be revised to read: "All heights should be measured from the lowest grade level."
Minimum Required Front Yard Setbacks:
Commissioner Reed commented that the type of parking allowed in multi-family housing is entirely different from what the applicant is referring to in this standard. The multi-family housing ordinance requires exterior parking. This plan has enclosed garage parking. So the setbacks are somewhat different.
Minimum Required Side Yard Setbacks:
Lance Anderson explained that the minimum setback of ten feet (10’) for accessory buildings was included because the garage area of Building I was already defined. This is the only place that Kayenta could not meet the standard requirements of the ordinance.
Minimum Required Rear Yard:
Chairman Mehr questioned the residential three foot (3’) setback and the storage/studio/garage at zero (0) setback. Commissioner McDonald asked if the setbacks had to do with the landscaped area. Commissioner Reed stated that a lot of these buildings will border the roadway. Example, he only owns the footprint of the building but not the parking space.
Lance Anderson explained that when the building is next to the right-of-way it creates no rear yard. On the residential site plan there is extra area that they have rights to which is owned by the Water Conservancy District. There is only a three foot (3’) setback where the courtyards are located.
There were no other comments on the other categories.
Commissioner Reed asked if the development requirements and uses are tied to the site plans.
Dale Coulam explained that for most of the uses, the applicant would have to come forward with a site plan except for some of the existing uses. The Commission would be approving the Zone Change and the zoning standards.
Lance Anderson explained that in the site plan Kayenta is trying to get approval on the buildings and density and where the buildings are placed now including the residential and storage. The design plan of each building will be submitted to the Commission for approval. The roads are within a foot and the building is placed so that an owner can drive up to it. In theory the Commissioners have already approved the site plan.
MOTION: Commissioner John Reed moved to recommend approval 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.
Discussion: Dale Coulam asked that the motion be amended to include the accompanying Mixed Use Plan.
Commissioner Reed amended the motion to include the accompanying mixed use plan.
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 |