Copy of the City of Ivins record for Planning Commission, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
Planning Commission
IVINS CITY
PLANNING COMMISSION
MINUTES
February 2, 2010
435-628-0606


1)
CHAIRMAN AND COMMISSIONERS:   The meeting was called to order at 05:31 p.m. All present included Chairman Dennis Mehr, Commissioner Todd Benson, 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: Steve Mecham, Norm and Jo Summerill, Docal Olson, Carolyn Buss, Lynnette Miller, Angelo Disante, Charles Vickers, Burma Vickers, John Hopkins, Phyllis Meyer, Grover Fridley, Barbara Rusick, Richard and Betty James, D. Despain, Mark Potter, Lisa Parent, Alan Blackburn, and Charles Hurt.
A. Acknowledgement of Quorum
Chairman Mehr acknowledged there was a quorum and welcomed Todd Benson as the new Planning Commissioner. 
B. Flag Salute
Commission Reed led the Flag Salute.
C. Invocation
Chairman Mehr led the Invocation.
D. Disclosures
The Commissioners had no disclosures or conflicts of interest with this agenda.

2)
A. Introduction and oath - Todd Laurence Benson as new Planning Commission member.
Chairman Dennis Mehr introduced Todd Benson as the new Planning Commissioner replacing Cheyene McDonald who was elected to the City Council. This is a volunteer position appointed by the Mayor. Commissioner Benson is an architect by trade and brings great experience to the Commission.
Deputy City Recorder Martha Wilson administered the oath of office. 
B. Casitas at the Ridge - Phase 1 & 2 Concept Plan located at approximately 760 South 200 West. Tamara Clark, applicant and Sum Ting Foo Nee LC/Fitness Ridge LLC, owners.
Kevin Rudd reported that the Concept Plan is for the Biggest Loser Fitness Ridge which is being expanded. The City Council approved an amendment to their Conditional Use Permit which included the building of eight (8) casita guest houses.  Each building consists of five (5) units. Staff is reviewing the site plan and construction will begin soon. The applicant approach the City on these guest houses being subdivided which would be a condominium plat. The units will be marketed, sold to clients and put back into a rental pool for Fitness Ridge to rent to their clients. The plan is the same as previously submitted during the Conditional Use process. Under the Conditional Use Permit, Fitness Ridge could begin building before the subdivision process is approved. The approved condo plat allows them to legally sell the units. The proposal is to have two phases. Phase 1 will have four (4) buildings and construction of the east driveway/turn around area. The condo plat will require a Development Agreement.
Commissioner Benson asked if these would be zero lot lines as individual properties and then sold or property lines between each unit.
Kevin Rudd explained that owners of condo units do not own the ground but with a townhome they own the property. These units are condominiums.

3)

4)
A. Public Hearing to consider amending Title 16, Chapter 12, Zoning Regulations Regarding Domestic Livestock.  Ivins City, applicant.
Dale Coulam explained that a couple of youth groups are raising animals through the 4H and FFA. One 4H group is located across from Red Mountain Elementary and currently doesn’t involve in weaner pigs. The FFA group is located off 200 West wants to raise weaner pigs. The animals are raised for a five-month duration.  The City Council discussed this issue and was in support of the youth group’s projects subject to an ordinance being drafted and public input. The current ordinance deals with domestic livestock and fowl. The amendments are to include weaner pigs raised by 4H and FFA. The language is similar to Washington County’s with some exceptions from the City Council that are included in the amended ordinance.
Commissioner Mehr opened the Public Hearing. 
John Hopkins, president of Cameo Park Homeowners Association. He submitted detailed comments (available at the City office). He asked if the proposal would affect Pond Park, and noted that Pond Park is directly west of Cameo Subdivision.  The 4H or FFA may want to raise pigs on that property. They support these types of programs. However, a telephone poll of Cameo Park of thirteen families, eleven were against the proposal, one was for and one unsure. There is a serious pollution problem in Ivins that has existed for years and impacts lives.  It affects Cameo Park, Window Rock and Padre Lakes subdivisions.  The odor affects people walking, sitting on their patios, pollutes their homes, and affects the elementary school children. The odor is from pigs and cattle. The citizens are very concerned about pigs on Pond Park because of the odor, flies, manure and polluting water run off.  They support 4H and FFA, but are afraid it will worsen the pollution problem. The 4H and FFA pigs may not violate this ordinance but there is certainly a potential. He is against allowing pigs and asked the Commission to consider the following:
1. Have a term of one year and require City Council approval for each additional year.
2. Limit the number of animals.
3. Keep the area clean and include city inspections, if necessay
4. Requirement to dispose of manure - spreading it on Pond Park land doesn’t solve the problem.  They have experienced rain water flowing across Pond Park and under their west wall. David Glen is scheduling grading on Pond Park to correct the problem.
5. Find a location further out from the center of town.
6. Emphasizing "health and fitness" image with livestock near the center of town doesn’t fit the image.
7. Pollution will work against bringing in "clean" businesses.
He thanked the Commission for their consideration.
Dale Coulam explained that if the ordinance is adopted it would include Pond Park but currently there are no pigs in Pond Park.  If approved, the ordinance would apply from approval forward on any land zoned agricultural.  Pond Park is zoned agricultural.
Steven Meacham, president of Padre Lakes Homeowners Association, spoke on behalf of the board. Padre Lakes residents love and appreciate the environment. John Hopkins message is profound and well researched and Padre Lakes association has some of the same feelings. Getting children involved in these projects is productive. Not that they want to visciate or demean the current projects with 4H or FFA but Padre Lakes is concerned about the environment and the affect of the amendments. They feel like down winders and odors are unbearable. He suggested locating the project outside the City area. They respect the areas that have been grandfathered in but ask that they reconsider amending the ordinance so that the quality of life will continue to be as good as possible.
Mark Potter, 321 West 450 North, explained they have had animals on their land since 1974 and when it was subdivided it was zoned R-1-10. There’s an island within the R-1-10 which is his father’s and Sara Atkins’ property. Animals have been there for years, and they have had 4H and FFA project. The Atkins has five (5) acres and his family has three (3) acres, and the property would fit in the ability to have animals but is not zoned agricultural. They have one weaner pig and would like to keep raising it.  He asked for the land located approximately 307 West and 450 North to 400 West be grandfathered in or considered as a legal non-conforming use.
Jim Grayson, Cameo Park, explained that his son taught agriculture for years and 4H and FFA projects last about five months out of a year. He asked that the projects be restricted to Ivins residents only. There is an odor problem. Farmers have a right to make a living but he wasn’t  sure about allowing more animals. He understands the City is considering allowing a commercial farmer on Pond Park to use the southern part of the field to raise crops to be sold commercially. Weed control and refuge could be a problem in the area. 
Derick Despain, FFA Advisor, clarified that he and Vernon Parent, 4H leader, had been in contact with Dale Coulam and the concerns mentioned have been clearly addressed in the ordinance. There is an agreement between the landowner, Don Best, myself, the students and parents that explains the process of disposal of waste and to eliminate as much odor as possible. The students are required to clean pens twice (2) per week and apply fresh straw. He explained the process for handling the manure. The FFA facility has improved the quality of life for twenty-one families and students. They learn responsibilities and learn about agriculture.  FFA students at Snow Canyon High are allowed to use the facility in conjunction with the 4H if they live closer to that facility. There are twelve (12) pens for pigs and he doesn’t anticipate much growth. This is the third year to raise pigs at different location, and he feels this is an ideal location. It’s not in the middle of town and is zoned agriculture. The Best family has been very gracious. The pigs are not being raised for off springs but to show. The months of December through April are for the Dixie livestock show. It takes 4-5 month to get an animal ready for a show.
In Section 14 (c) he asked to change the verbiage to include: "Those students interested in raising a weaner pig to take to the state fair which is held September 9-19."  The months required for the state fair is the middle of May through middle of September. The numbers would be reduced. In Section 14 (b) he asked for clarification. It was decided that there could be one pig per acre. The Best’s have thirty (30) acres. There are many students involved in these greenhouse and agriculture projects, and we are doing everything they can to address the concerns.
Alan Blackburn explained how his daughter has been benefited by the animal project. Feeding, cleaning and putting straw in the cages have taught her responsibility. The pig pens are clean. She has learned what farmers and farm animals go through, learned about nutrition, medicines and the affects of the medicines. It takes 4-5 months with ten or more pigs on 30 acres.  The impact on the families and his family has been huge. He was originally against the project but has a better understanding. The kids are taken good care of the animals.
Mrs. Miller lives in Cameo Park and they have no issues with the 4H or FFA programs but was concerned about the noise, odor, and flies.
Resident in Window Rock noted that they don’t have the problems mentioned but have friends behind them across from Pond Park that have problems with flies and rats. They have children and felt expanding this would be a problem and dangerous for children.
Chairman Mehr closed the Public Hearing.
B. Consider recommendation on amending Title 16, Chapter 12, Zoning Regulations Regarding Domestic Livestock.  Ivins City, applicant.
Chairman Mehr summarized the concerns of the residents and comments from the Commissioners.  It was noted that the General Plan, which is the guiding documment for Ivins, encourages agriculture and therefore would encourage schooling in agriculture and is part of Ivins’ heritage.  The Commission agrees that 4H and FAA benefits the community, children and family and is a positive influence.  The comments addressed were limiting the number of weaner pigs, odors, and removal of manure, water run off, enforcement, timeframe to raise animals, location of animals within the City, notification to neighbors and supervision.
1.  Limiting the number of weaner pigs allowed: This addressed in Item 14 (b) "shall be one half the maximum number specified for other large domestic animals in this section."  The weaner pigs would be allowed on agriculture zones.  It was determined that there could be one pig per acre and the minimum distance from a structure is 100 feet.
2.  Odors and removal of manure: The odors and noise that the residents referred to appear to come from the pigs on the Hafen farm.  The Hafen farm is a legal nonconforming use and the use can continue.  Kevin Rudd explained that there have been complaints but on a large operation he was not aware that the odors could be addressed.  These amendments apply to future uses.  The Commissioners felt that Item 14 (e) of the amendment addressed the odors and the removal of manure.  The 4H director, Vernon Parent, and the FFA director, Dereck Despain, are sensitive to the needs of the citizens and are willing to do whatever it takes to address any concerns.  The standard is two times a week to clean the pens but the amendment indicates cleaning three (3) times weekly and waste removal can be composed or plowed under as fertilizer.  There will be no moisture for the pigs to wallow in the mud.  The odor, flies, rodents and noise are also addressed in the current ordinance under Item 12 and 13. 
3.  Water Run Off: There was a concern on water runoff at Pond Park.  This is being addressed by Dave Glen, Public Works Director.  This is also addressed in the lease agreement and in the Community Garden lease agreement that tenants are required to make sure they control the runoff that it doesn’t go to the neighboring subdivision.
4.  Enforcement:  On complaints for these projects, a Staff member would go out and investigate.  The responsible party would be contacted and given a reasonable amount of time to correct the issue.  Also, citations can be issued.  If it is a continual problem, he would go to the City Council.
Dale Coulam advised that Pond Park is City property and could be addressed through the lease agreement and could be reviewed periodically.  The lease could be terminated if they failed to keep the pens clean.  On the parcel of property owned by a third party, the City doesn’t have as much control but the City can enforce the ordinance by working with the advisors. 
5.  Timeframe to raise animals: The amendment timeframe to raise animals is December through April for the Dixie livestock show but Mr. Despain asked that verbiage be include to cover pigs to be raised for the state fair from the middle of May through middle of September.  Kevin Rudd asked for clarification on Item 14 (c) whether it meant a single five month period on one property so that the City doesn’t end up with weaner pigs for ten months.  Mr. Despain advised that one pig would not be on location for ten months but 4-5 months until the live stock show.  There could be a student that will raise a pig for the state fair that will be on the property from May to September.  There would be separate animals at different times. 
The Commissioners were concerned about the animals occupying the property for ten months but felt there should be some flexibility.  Mr. Despain felt the verbiage should read, "during the months of December through April and/or for a different five (5) month period of time."
Commissioner Scott suggested changing the verbiage to "Each weaner pig" instead of "All weaner pigs" and leaving the verbiage as is.  The commissioners agreed.
6. Location of animals: The residents were asking that the locations b located in the west part of the City instead of the central part of town.  There are less residents west of 400 West and more agriculture areas but a line would have to be established such as 200 West to 400 West.  After some discussion, Commissioner Scott asked if it was possible to break up agriculture property in that manner. Dale Coulam explained that definitions of zones might have to be changed.  The zoning map designates certain areas but currently there is nothing to distinguish the zoning district west of 400 West as opposed to East of 400 West.  It was determined that the agriculture locations for the projects were appropriate based on the current zoning map.  Mr. Potter asked about this need for a legal nonconforming use given to his property.  It is presently zone R-1-10.
7. Notification to neighbors:  Notification is given to neighbors when a change is made that impacts the adjacent neighbors.  The question was brought up as to what the purpose was for the notification.
Dale Coulam gave an example with notification on Home Occupation License.  People would respond thinking they could stop the use from occurring.  However, they could not.  It was just to make the neighborhood aware of the change.
The Commissioners determined that notification was not in the current ordinance and was not necessary.  It was suggested to delete Item 14 (b).
8.  Supervision: Supervision is addressed in Item 14 (i).  Dereck Despain is supervisor for the FFA and Vernon Parent is supervisor for FFA.
9.  Section 14 (f):  Dale Coulam explained that the (30’) was a recommendation from a council member and from another ordinance.  It is a separation requirement for the pigs.  He suggested changing it to twenty feet (20’) which matches the setbacks for all livestock.
MOTION:  moved to
SECOND: 
VOTE: The motion carried unanimously.

Chairman Dennis Mehr AYE
Commissioner Todd Benson AYE
Commissioner Adel Murphy AYE
Commissioner John Reed AYE
Commissioner Mike Scott AYE


5)
A. Consider approval of Ivins City Planning Commission minutes for December 15, 2009.
MOTION: Commissioner Adel Murphy moved to approve the Ivins City Planning Commission minutes for December 15, 2009.
SECOND: Commissioner John Reed
VOTE: The motion carried.

Chairman Dennis Mehr AYE
Commissioner Adel Murphy AYE
Commissioner John Reed AYE
Commissioner Mike Scott AYE
Commissioner Todd Benson ABSTAIN


6)
A. Planning Commission (None)
B. Chairman
Chairman Mehr mentioned that the City Council will have public hearings on the budget for the fiscal year, several ordinances adopting Storm Water Pollution Control and Storm Water System, and roundabouts.  There is training on Land Use Planning for the Commissioners on March 16, 2010.
Dale Coulam mentioned that it is an excellent training.
C. Building & Zoning Administrator, Kevin Rudd (None)
D. City Attorney, Dale Coulam (None)
E. Items to be placed on future agendas
A presentation from "Form Tomorrow" will be on the next agenda.

7)
MOTION: Commissioner John Reed moved to adjourn  
SECOND: Commissioner Adel Murphy
The meeting adjourned at 7:12 p.m.
VOTE: The motion carried unanimously.

Chairman Dennis Mehr AYE
Commissioner Todd Benson AYE
Commissioner Adel Murphy AYE
Commissioner John Reed AYE
Commissioner Mike Scott AYE