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
October 6, 2009
435-628-0606

CHAIRMAN AND COMMISSIONERS: The meeting was called to order at 05:30 p.m. All present included Chairman Dennis Mehr, Commissioner Cheyne McDonald, Commissioner Adel Murphy, 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: Eric McFadden, Jerry Blair, Rob Reid, Lance Anderson, and Jim Craig.

A.	Acknowledgement of Quorum

Chairman Mehr acknowledged there was a quorum.

B.	Flag Salute

Commissioner Murphy led the Flag Salute.

C.	Invocation

Commissioner Reed led the Invocation.

D.	Disclosures

The Commissioners had no disclosures or conflicts of interest with this agenda.

Kevin Rudd reported that this is the third phase of the Sun Crest West Subdivision and there are fourteen (14) lots. The Final Plat is the same as presented in the Preliminary Plan stage that was recommended by the Planning Commission and approved by the City Council. Staff recommends approval as it complies with the Preliminary Plan and Ivins City ordinances.
Commissioner McDonald said there was a question at the last meeting regarding owner’s dedication portion of the plat.
Dale Coulam stated that the ownership has been changed to the correct entity.

MOTION: Commissioner Adel Murphy moved to approve a Final Plat for Sun Crest West Phase 3 located at approximately 330 West 200 South. Sun Crest West LLC, owner, and Eric McFadden, applicants.
SECOND: Commissioner Cheyne McDonald

VOTE: The motion carried unanimously.

Kevin Rudd reported that the Posovi Subdivision Phase II has a number of lots that were approved prior to this Commission. Phase II-A consists of two (2) lots. Kayenta Development has been developing small phases within the Posovi Subdivision. This plat is consistent with the Preliminary Plan approval. The development agreement outlines how the phases will occur and when the roads are built. Staff recommends approval as it complies with the Preliminary Plan, the Development Agreement and the City ordinances.
Commissioner McDonald asked about the property owner’s dedication since there was an issue at the last meeting.
Dale Coulam explained that the title report has a note as to how the ownership will be reflected at closing.

MOTION: Commissioner John Reed moved to approve a Final Plat for Posovi Subdivision Phase II-A located at approximately Uwan and 850 West. Kayenta Community Development, Inc. and Lance Anderson, applicants.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

Kevin Rudd reported that there have been several amendments to the Conditional Use Permit (CUP). The original CUP also included a Phase 2 which included a second twenty (20) unit guest building, a small expansion of the building and an indoor swimming pool. Then there was an amendment that included the twenty (20) unit guest building (which is now been built) and a gymnasium building. The footings were poured for the gym but because of the financing difficulties the gym has not been completed. In addition at that time there was an approval for fifteen (15) casita/condo guest units and an extension of the spa building. Another amendment (Phase 3) increased the casita/condo guest units from 15 to 22 units which will be located on the adjoining property. There was an agreement with the property owner but that amendment never came to fruition.
The current proposed amendment increases the acreage from 5.11 acres to 11 acres. The two (2) properties have different zoning. The property owned by Fitness Ridge is zoned Resort Commercial (RC) and the adjoining property is zoned Community Commercial (C-1). Both of these zones allow resorts. There are no conflicts with regard to the uses. The Technical Review Committee (TRC) reviewed the project, and the engineers and architects have been working with Staff on the details and Staff recommends approval. The architectural design and materials compliment the existing spa building and guest housing. A casita floor plan has been submitted. The casitas will be built and sold then put back into a rental agreement with Fitness Ridge. A development agreement will cover the arrangement on the casita/condo units. These will be hotel type units and be a part of the spa. The first phase will consist of building four (4) casita buildings which will be a total of 20 units. The next proposed phase is an addition onto the existing spa building. At present there are no building plans or elevations submitted. When the construction plans are submitted, the plans will come back to the Planning Commission for a design review before a building permit is issued. After this phase, the four remaining casita buildings and road from Highway 91 to Normandy Road will be built.
Chairman Mehr asked if there was timing on the phases.
Kevin Rudd stated, "No" but the first phase will begin immediately.
Chairman Mehr referred to the narrative that Fitness Ridge is negotiating an arrangement with Sum Ting Foo Nee who is the owner of 9.1 acres west of the existing property to build the casitas. He asked if this property has been purchased or are they going to purchase the property.
Kevin Rudd stated that the owner of that property can answer those questions.
Commission McDonald asked for clarification as to how many condo units are in Phase 3. The narrative states twenty (20) units and the TRC report states twenty-two (22) units.
Tammy Clark stated that there are twenty (20) units.
Chairman Mehr opened the Public Hearing.
Tammy Clark, applicant, announced that Fitness Ridge just became the Biggest Loser Resort.
Spokesman for Sum Ting Foo Nee LL explained that they have an arrangement with Fitness Ridge to participate in the development of the project. Therefore, it is not clear what the arrangement will be or how it will come together, but there are arrangements to work together. The two owners are moving forward.
Dale Coulam pointed out that both of the owners have signed off on the application.
Chairman Mehr asked about the timing of the project.
Tammy Clark stated as quickly as they can move things along.
Chairman Mehr closed Public Hearing since there were no other comments.

Dale Coulam suggested that since this is a Conditional Use Permit perhaps the conditions that have been represented should include that the architecture, colors and materials would be comparable to what is existing now. When the actual design comes forth on each phase, there may be a little modification but the buildings should be substantially similar to what has been presented and match and blend in with the existing structures.
Commissioner Reed asked if he was referring to the casitas and the other portions would come through as a design review.
Dale Coulam stated that this is a conditional use for the entire parcel. There is going to be a consistent theme, color and use of materials throughout the project, and it would be useful to designate that as a condition.
Commissioner Reed commented that he was happy to see successful commercial coming to Ivins.
He asked if there was public access to the future walk path extension. Initially, there was some discussion about the public using the path access without creating an easement. He asked if that was part of the original conditional use.
Kevin Rudd stated that there was a path along 800 South that weaved back and forth. He suggested that as a condition that the pathways would be allowed for public access.
Commissioner Reed thought that was in the original development agreement.
Dale Coulam stated that the scope has changed. He asked if the path along 800 South was in lieu of a sidewalk.
Kevin Rudd stated that it is.
Dale Coulam commented that perhaps as a minimum the paths that adjoin a public street would be opened to the public. The owner’s may choose to restrict the interior paths.
Commissioner Reed asked if a path or sidewalk would have to be put in along the road to comply with the ordinance.
Kevin Rudd stated that it would.
Dale Coulam explained that the connecting road could be public or private between Normandy and Highway 91. It has not been determined.
Kevin Rudd explained that the Transportation Plan and road profiles would dictate both sides of the roads. Both Normandy Road and Highway 91 would show a sidewalk on both sides. In lieu of the sidewalk in the right-of-way they would have to create a pathway as shown that would provide the same amount of walking area that a sidewalk would. Staff discussed the interior path but the owners want to leave that option open whether to go public or private.
Commissioner Reed just wanted to make sure there was public access around the property.

MOTION: Commissioner John Reed moved to recommend a Proposed Amendment to a Class V Conditional Use for Fitness Ridge Spa and Resort located at 760 South 200 West. Sum Ting Foo Nee LLC and Fitness Ridge LLC, owners, and Tamara Clark, applicants, with the condition that there is a consistent theme of materials, colors, and architecture with the schematic design and with the existing building.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

MOTION: Commissioner John Reed moved to amend the agenda to move Item 5 B and C before Item 5 A.
SECOND: Commissioner Adel Murphy

VOTE: The motion carried unanimously.

Chairman Mehr stated that during the September 1st meeting Commissioner Reed shared some of his thoughts on the need for the Planning Commission to come up with guidelines and uses. He mentioned that the current Zoning Ordinance has restricted uses and allows leeway as far as design guidelines, and there needs to be design guideline requirements. There was discussion about becoming a destination community and to review all the City’s uses. Commissioner Reed indicated that all the uses needed to be changed.
Commissioner Reed explained that he meant the Commission needed to review the uses not change all the uses.
Chairman Mehr felt that the Commission would be writing new zones, uses and guidelines and agreed that a destination community needed to be defined. He did not disagree with what has been said but needed to understand the vision and where the goals are going to lead us. He doesn’t want to spend nine (9) to twelve (12) months of hard work and get to a point where we are off base with what the City Council wants or is directing us to do.
Commissioner Reed commented that if the Commissioners felt the zones and uses need to be rewritten, then that is the Commission’s responsibility. The Commission makes recommendations to the City Council, and they can modify them. The guiding document is the General Plan and goal’s statement. He felt the Commission should give the City Council a complete structure and submit a visionary document. After further review of the document, there are not many uses that are not in the Zoning Ordinance. There are not many modifications that need to be made. The Commission may want to consider a couple of uses. There is a catch all category of commercial and neighborhood uses to be reviewed. The Vision Dixie process came about after the Zoning Ordinance was adopted. The Vision Dixie’s guidelines are essentially good urban planning. Ivins has been an active community and residents have participated in the process, and he felt that this is what the community wants for the future. It’s a matter of taking the Vision Dixie document and tweaking the Zoning Ordinance to bring it into focus. There is a nonprofit organization that has been helping several communities with their ordinances. The organization’s purpose is to help communities to implement Vision Dixie guidelines in their community ordinances. He suggested that the Commission consider their services. The service is free. He would like to see incentives in the ordinance. His thoughts going into this revision was that there were a lot of services not allowed but the main thing that is not allowed in Ivins is automobile repair services.
Commissioner Scott asked if the nonprofit group was available to come to a meeting.
Commissioner Reed stated that he had already talked to them about meeting with the Commission and would check their availability.
Kevin Rudd felt that the next two meetings would be a good time to schedule the organization to meet with the Commissioners.
Chairman Mehr felt that regardless of how long or short the process is he felt the Planning Commission should develop a definition of what it means to be a destination community. A destination community is not exclusive of other purposes in the community. Ivins can still be a bedroom community and have homes and businesses coincide. That’s what a community is.
Commissioner Reed stated that there is no where in the General Plan that says Ivins is going to be a bedroom community. The term destination community comes from the General Plan and Ivins has signed off on Vision Dixie’s principles.
Commissioner Murphy stated that as Commissioner Reed has stated in the passed that we need to get to the point where there are some things that people can walk to. Everyone is in their cars. An example is the new school. Everyone drives their children to school. Is there anyone who walks to school? In the past there were places to walk to such as ice cream places, etc.
Commissioner Reed explained that he is not trying to dictate that but he is trying to incentivize it. The compact walkable community is part of Dixie Vision principles. It’s not just good urban planning but a lot of people in Ivins desire this type of community.
The Commissioners had further discussions on being opened to the different type of chain businesses but felt that design guidelines keep them from being intrusive and restrict the impact on the environment.
Commissioner McDonald asked if the Commission should ask the public to comment before drafting a whole document. There are property owners that would be affected. We are telling people what they can do with their commercial land.
Commissioner Reed stated that he’s not looking to restrict anything on the commerical land but looking to open it up. He wasn’t sure about public input until there was some sort of form for them to respond to.
Commissioner McDonald asked wouldn’t it be good to know what people are thinking about as to what they want to do with their property.
Commissioner Reed stated that to a large degree that has been done through Vision Dixie.
Commissioner McDonald felt that he could personally ask some of the owners what their plans were. This has been a concern that he has had.
Commissioner Reed stated that has been his concern also. He suggested talking with the community. He was open to any public comment or process if there is a way to accomplish it.
Kevin Rudd stated that the next step is to create the uses that are allowed and then work on design review and definitions. The definition of destination community is something that the Commissioners want in their minds to help guide them. It’s not something that is going in the Zoning Ordinance.
Commissioner Reed felt that the definition does affect the uses.
Kevin Rudd explained that what makes Ivins Zoning Ordinance more restrictive than others is that basically you can do whatever you want as long as it is contained within the building. The ordinance is restrictive when it comes to storage outside the building.
Chairman Mehr feels that he can be more effective in his contribution if he knows what destination means.
The Commissioners discussed their schedules and decided to have a work meeting with the non-profit organization at the next meeting if they are available.

MOTION: Commissioner Cheyne McDonald moved to approve the Ivins City Planning Commission minutes for September 1, 2009.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

Commissioner McDonald referred to the motion on Page 4, Line 42 "That if the property is ever developed and the existing power poles are removed that the pole may be relocated elsewhere on this property." He thought it was required to be moved elsewhere on the property. That we may require it to be moved elsewhere on the property if those poles were removed.
Kevin Rudd explained that if the property was developed Staff felt that the Commission had the option to review the change and to have it come back before the Commission to assess if that location was still a good location or not.
Commissioner Scott asked if the way this is written would give the Commission the right to review it and make a change.
Dale Coulam suggested approving the minutes with the request that Martha Wilson listen to that portion and state it exactly as the motion was made. If it was different, she will make it verbatim.
After further discussion it was decided that she will verify what was said and make it verbatim and report back to the Commission.

MOTION: Commissioner Cheyne McDonald moved to approve the Ivins City Planning Commission minutes for September 15, 2009 provided that Martha review the audio and verify Item 6 on Page 4, Line 42.
SECOND: Commissioner Mike Scott

VOTE: The motion carried.

Schedule the nonprofit group.
Martha Wilson will report to the Commission in regards to the motion discussed in the September 15, 2009 minutes.

MOTION: Commissioner Cheyne McDonald moved to adjourn
SECOND: Commissioner John Reed

The meeting adjourned at 6:47 P.M.

VOTE: The motion carried unanimously.

Chairman Dennis Mehr	AYE
Commissioner Cheyne McDonald	AYE
Commissioner Adel Murphy	AYE
Commissioner John Reed	AYE
Commissioner Mike Scott	AYE