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 20, 2009
435-628-0606

CHAIRMAN AND COMMISSIONERS: The meeting was called to order at 05:29 p.m. All present included Commissioner Cheyne McDonald, Commissioner John Reed, Commissioner Mike Scott, and Commissioner Adel Murphy.

A.	Acknowledgement of Quorum

Vice Chair Reed acknowledged that there was a quorum. Chairman Dennis Mehr was excused and Commissioner Cheyne McDonald arrived approximately 5:35 P.M.

B.	Flag Salute

Commissioner Scott led the Flag Salute.

C.	Invocation

Commissioner Murphy led the Invocation.

D.	Disclosures

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

STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd and Deputy City Recorder Martha Wilson.
AUDIENCE: Barbara Rusick and Lance Anderson.

Kevin Rudd reported that the business license is for fitness training. The applicant proposes to use 500 square feet of the garage to provide the training. The home is a maximum of 3,000 square feet and 25% can be used for the business. There will be one client at a time, there is sufficient parking, and the fire inspection was completed on October 13, 2009. Staff recommends approval.

MOTION: Commissioner Mike Scott moved to approve a Home Occupation Business License for Verr Professional Fitness Training located at 86 S. 320 E. Jaylee Tew, applicant.
SECOND: Commissioner Adell Murphy

VOTE: The motion carried unanimously.

Commissioner McDonald was not present during the voting of this agenda item. He arrived at 5:35 P.M.

Kevin Rudd reported that Lance Anderson submitted an application to put up a permanent subdivision identification sign on 450 North 400 West near Taviawk Subdivision which is a main road into Kayenta. Most subdivision identification signs are approved during the subdivision process. Since the Commission approved the Final Plat, it’s appropriate to bring this subdivision entrance sign to the Commission for approval. The applicant proposes to locate the sign on 400 West. Public Safety and the City Engineer have reviewed and approved the location for any conflict or visual impact on 400 West. There are three (3) other signs that exist on 400 West and a decision needs to be made on what to do with the other signs before approving another sign. Kayenta has multiple subdivisions and this specific area is the Taviawk Subdivision with a number of phases. The ordinance does imply that the smaller subdivisions could have individual identification signs. There is a sign located on the other side of the road from where this sign is being proposed.
Lance Anderson explained that he talked to Staff about removing the existing sign on 400 West which is on the west side of the road and replace it with the proposed sign. He submitted a site plan for the Commissioners to review.
Kevin Rudd explained that there are two (2) other signs. One sign is where the Taviawk Subdivision mail boxes are located, and the other sign is located near Hell Hole/Three Mile Wash near the trailhead parking area. These signs need to be addressed on how the signs could be modified to comply with the ordinance.
Vice Chair Reed stated that the ordinance says no more than two (2) subdivision identification signs are permitted for each primary entrance for the recorded subdivision. The ordinance doesn’t address secondary signs.
Dale Coulam explained that the ordinance refers to a recorded subdivision. Kayenta has multiple recorded subdivisions but the Kayetna community is not a recorded subdivision sign. The proposed sign is not a recorded subdivision but an entrance sign to the Kayenta area. The sign defines the overall master plan community. The two interior signs have to be modified.
Vice Chair Reed asked if the proposed signs would be in addition to each recorded subdivision sign.
Dale Coulam explained that there would be two primary entrance signs to the Kayenta community although it’s not formally a master plan community. Any other signage would be specific to a recorded subdivision. Once the City Council makes a final decision on directional signs it would better serve Kayenta’s than signs for each subdivision. At some point the signs become cumbersome, unattractive and detract from the community.
Lance Anderson explained that they could remove the welcome the Taviawk sign that is next to the mail boxes and make it an informational marketing sign with a graphic of Taviawk Subdivision. The sign near the wash could be for public information indicating the trailhead on one side and Kayenta Desert Community on the backside. Terry Martin agreed those changes. We are defining a community that is unique, and for the amount of acres there are very few signs. They are also looking at signage for future entrance areas.
Commissioner Murphy stated that there isn’t anything else in Ivins that has multiple subdivisions.

Vice Chair Reed suggested looking at where all the entrances are and using the Transportation Master Plan to determine where all the primary entrances are located, where signage would be appropriate and get an overall signage plan. He did not have a problem with the proposed signs but felt there should be an overall plan that addresses the community so there is continuity.
Lance Anderson reviewed the other subdivisions in the area and felt 450 North and Taviawk Drive is the best location. He didn’t feel it would change in the future and indicated that the proposed sign is following the same style as the original entrance. The signage in Taviawk Phase 10 follows the design of the homes which is more modern.
Kevin Rudd stated that the entrance sign being proposed looks great but his concern was that the existing signs cannot be a backdoor approach for illegal uses.
Dale Coulam felt the Planning Commission has some discretion considering approval of this application because the ordinance does not mandate approval for this type of sign.
Lance Anderson stated that one of the signs is an interior subdivision sign and the sign is designed to sell lots. That sign will say "Kayenta Desert Community and for Taviawk information call Kayenta Homes and Properties." There will akso be a graphic of the area. The sign would relate strictly to Taviawk Subdivision. The "welcome" will be removed. The other interior sign will say "Kayenta Desert Community" or just "Kayenta" and have the trailhead information. In addition, there are some steel signs at the path which they may keep up. It lets people know they have access on the trail. On the back of this sign it will say "Kayenta Desert Community/Taviawk Community ahead." There may be a metal type finish instead of wood. He proposed building the entrance signs on the west and east side before removing the existing entrance sign.
Vice Chair Reed stated that he didn’t want to burden them with an overall plan at this time because it needs some proper planning time. He suggested proposing a condition so that when they want an entrance sign for any future subdivision that they need to come back with an overall signage plan for the entire group of subdivisions.
Dale Coulam expressed some concern about timing or remdying the other signs after building the proposed new signs rather than before.
Lance Anderson proposed remedying the two (2) interior signs, construct the sign on the east side of Tavaiwk, then they would remove the existing entrance sign before constructing the sign on the west side.
Commissioner Murphy suggested remedying the two (2) interior signs first and approve the one sign on the east side of the road and don’t approve the sign on the west side until a later date because they are not going to take the sign down until later.
Dale Coulam advised that legally the Commission could ask them to remove the sign as part of the approval. There is not an application before this body that mandates approval. There are existing signs that do not comply with the existing ordinance. There can be some negotiation to bring these noncomplying signs into compliance before approving the sign that is beibg proposed.
Vice Chair Reed expressed that having the signage on both sides of the road and upgrading the signs enhances the community but he was concerned about timing.
Commissioner McDonald asked if Lance Anderson could give the Commission a timeline.
Lance Anderson explained that it has to do with future economics.
Commissioner Scott commented that the description for the subdivision identification sign permits the name, symbol, logo or other graphic identification but not information about sales office, number, etc.
Kevin Rudd explained that there is a project identification sign that developers put up that has the subdivision names, lots available, etc. These are usually temporary sign. However, there’s no time limit on the signs as long as the sign is kept in good condition and there are lots for sale.
Lance Anderson stated that the sign on the west side is not very visible because of the brush. The sign and space has been paid for and has been there for several years. The sign is not hurting anything. Terry Marten would like to leave it up until they build the sign on the west side.
Vice Chair Reed suggested approving the sign conditioned upon the renovation of the two interior signs and any further noncompliance sign is to be brought before the Commission and expect an overall plan. If there is going to be a matching sign on the west side of the road, he suggested not approving it since they don’t know when it’s going to be constructed. He felt it needed to have a timeline on it.
Dale Coulam expressed that from a time table standpoint the issue is the removal of the existing non conforming sign. It’s better to remove the nonconforming sign and allow an entrance sign to Kayenta at a different location. As far as putting up the sign on the west side, he didn’t think the City cares when it goes up but the City does care about adding an additional sign prior to the removal of a non-complying sign.
Commissioner Murphy asked how far apart are the signs.
Lance Anderson stated approximately 300-400 yards. He could not give a timeline from a marketing standpoint but why tear it down if it is not harming anything. It’s Terry Marten decision to tear it down but he wants to leave it up until we build the sign on the west side.
If it is an issue, we will build this one on the east side and come back for approval on the west side. Kayenta’s timing issue of getting this approval is from a marketing standpoint and the closing of a home.
Vice Chair Reed felt the Commission shouldn’t be rushed for approval because of marketing demands. The Commission hasn’t come up with a way to approve this tonight.
Commissioner Murphy preferred that the existing sign come down before approving the entrance signs.
The other commissioners concurred that the existing sign on the west side should be removed; the two signs rennovated and approve the sign on the west side.
Lance Anderson asked if they could construct and mitigate the signs at the same time.

Commissioner McDonald asked if the signs are not done at the same time, should there be a penalty.
Dale Coulam advised that the condition could be to bring the two (2) interior signs into compliance and remove the west entrance sign concurrent with the construction of the new sign on 400 West, and if they fail to abide by the conditions, the Commission could force them to remove the new sign.

MOTION: moved to
SECOND:

VOTE: The motion carried unanimously.

Dale Coulam explained that the ordinance requires that any changes to the Home Occupation Business License chapter to be brought before the Planning Commission for comments before it goes to the City Council. Prior to the last revision the Home Occupation Business License was done by Conditional Use Permit, and that is why the Commission was involved in approving licenses. That was amended to remove all the Home Office type applications because it is an administrative function involving no discretion on the issuance of the license. Recently citizens have come forward and approached the City Council to say that it is a burden to the small hobbyists to apply for a business license. The direction from the City Council was not to mandate a business license for the home office type business that doesn’t involve child care, adult care, or doesn’t trigger a fire or safety issue. The code already sets forth a number of conditions that those types of businesses must meet. If they don’t meet the conditions, the City can force the ordinance against them through code enforcement. He submitted a draft of changes to the ordinance.
Vice Chair Reed asked if there is no business license how are the conditions enforced. The ordinance states "must be observed at all times by the holder of a home occupation business license."
Dale Coulam stated that he would clarify the ordinance to allow enforcement action to be taken against any home occupation business whether licensed or not.
Commissioner Murphy commented since the City is not requiring licenses except for child care, adult care, etc. what about the courtesy notices. She asked if the courtesy notices would only go out when there is a business license applicantion.
Dale Coulam stated that he left that provision in the ordinance for businesses required to obtain a business license.
Vice Chair Reed commented that the City needs an overall noise ordinance stating what is proper and what is not, etc. to have guidance and compliance. The Planning Commission has the authority to impose conditions on each application but that’s piecemealing again. For official enforcement the City needs an overall noise ordinance.
Commissioner McDonald asked if another draft would come back to the Commissioners before it goes to the City Council.
Dale Coulam explained that it would not.
Commissioner Murphy commented that she assumed that neighbor’s complaints still goes through code enforcement and these changes don’t impact that enforcement.
Dale Coulam stated that it goes through the code enforcement and can be noticed up for a hearing and enforced.
Commissioner Scott felt the changes were appropriate.
Dale Coulam will forward their comments to the City Council.

MOTION: Commissioner Cheyne McDonald moved to amend the agenda and moved Item 5C before Item 5B.
SECOND: Commissioner Adel Murphy

VOTE: The motion carried unanimously.

Vice Chair Reed introduced Peter Stemple and Lisa Black with Form Tomorrow. The challenge that is facing any city is one that is facing Ivins now which is how to incorporate, progressive urban planning and designing into a community and at the same time incorporate attractive commercial businesses.
Peter Stemple explained that Form Tomorrow is a 501C not for profit organization that’s dedicated to charitable and educational missions. The nonprofit was formed as part of the Vision Dixie process. They work closely with the Five Counties Associations, the Washington County Commission and the Vision Dixie Invitation Committee and numerous meetings throughout the county. The model that they are trying to put forward is an organization that collaborates with local and county governments to help advance better planning. When it comes to working with Ivins and working on commercial ordinance, the direction would begin with the Commission in terms of what your questions are and concerns. Lisa Black is a trained planner and other resources would operate in a way to support the City’s objectives. They offer an enhancement and a collaboration with the resources that Ivins already has. They are not trying to push an agenda but help identify what planning modalities fit Ivins.
Vice Chair Reed stated that he felt the Commission has a fair consensus of where we want to head. In general, the City has a fairly good ordinance. But help is needed to encourage commercial entities to build walkable attractive environment instead of strip malls. The Commission is not looking at writing ordinances but rather at modification, tweaking and fine tuning of the ordinances.
Peter Stemple asked if the Commission has done analysis of the existing commercial.
Vice Chair Reed explained that they have a report by Gould/Evans which could be shared. We could sit down and go over some of the things that have been done.
Barbara Rusick made comments that there had been a lot of work done and a maybe there should be joint meetings with the City Council.
Peter Stemple commented that they have a copy of the ordinance but it would be good to have the other studies that have been done. It would be good to find out what the concerns are of the City Council and the broad range of concerns is critical.
Vice Chair Reed proposed bringing Form Tomorrow up to speed, and then sit down with City Council, Planning Commission and everybody bring their concerns as far as what they see has been going on commercially in Ivins, what is mandated for the future, see where the current ordinance addresses those and where it is lacking and what we can do to improve upon it.
Peter Stemple felt that his organization could bring a dispassionate eye since they were not involved in the creation of the ordinance.
Commissioner Scott felt that they should work cooperative with the City Council. It would help to review the Land Use Map and General Plan because there has been a lot of work done. He asked if the next step was meeting internally.
Peter Stemple felt that the next step is to gather any additional information, then set up an internal meeting with Staff and perhaps members of the Planning Commission to understand the role and then broaden it with a joint meeting.
Kevin Rudd stated that he and Judy Gubler could schedule a time together and with a member of the Planning Commission and not be in violation of the meeting laws.
Commissioner Scott said he would like to be involved.
Vice Chair Reed explained that this would be to bring the organization up to speed and then a discussion with everyone. Another joint meeting on commercial would serve us well.

Commissioner McDonald asked if the text "need to be" was left out of the motion.
Martha Wilson acknowledged that "need to" was left out of the motion that was presented at the previous meeting and also that Item #3 was not verbatim.
It was decided that the text "need to" should be included in the motion. This will be corrected in the minutes.

MOTION: Commissioner Adell Murphy moved to approve the Ivins City Planning Commission minutes for October 6, 2009.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

Continue discussion of the Zoning Ordinance

MOTION: Commissioner Mike Scott moved to adjourn
SECOND: Commissioner Adell Murphy

VOTE: The motion carried unanimously.

The meeting adjourned at 7:10 P.M.

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