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
May 4, 2010
435-628-0606

CHAIRMAN AND COMMISSIONERS: The meeting was called to order at 05:33 p.m. All present included Chairman Dennis Mehr, Commissioner Todd Benson, Commissioner Adel Murphy, Commissioner Mike Scott, and Commissioner John Reed.

Staff: City Manager Judy Gubler, City Attorney Dale Coulam, and Deputy City Recorder Martha Wilson.
Audience: Tracy Ence, Barbara Rusick, Angelo DiSante, Phil Moulton, and Lance Anderson

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

There were no disclosures or conflicts of interest with this meeting’s agenda.

2)	REPORTS AND PRESENTATIONS (None)

Dale Coulam reported that this entity has been licensed as a preschool and will continue to operate the preschool in the morning and a day care in the afternoon. Operating a day care also required them to obtain a state license (a copy is available at Ivins’ office). Staff recommends approval.
Chairman Mehr asked if there were other day care businesses operating in the city, and if the city has had any experience with this type of home business.
Dale Coulam indicated that there are a few preschools but wasn’t sure if there were any other state licensed day care operations in a home. There hasn’t been any recently.
Commissioner Benson asked about the purpose of courtesy notices to the neighbors. Do neighbors have any say or is it for safety, etc?
Dale Coulam explained that the notice is to make the neighbors aware that a business is occurring in the neighborhood. There’s no provision to prevent the business and it’s not a public hearing item. Neighbors observe businesses and often they bring something to the City’s attention to investigate.

MOTION: Commissioner John Reed moved to approve a Home Occupation Business License Application for Miss Annies LLC Preschool located at 828 South 200 East. Analee & Vernon Talbot, applicants.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

Dale Coulam stated that Taviawk Subdivision Phase IX has multiple phases and the phases are small. The developer is developing small phases because of the economy. Phase Z consists of three (3) lots and the Development Agreement requires that the developer improve roads for connectivity. Phase Z requires road improvements on R9, R7 and R4 roads. The next agenda item is to approve a Final Plat for road Phase IX-R5 which was another option for them to do with Phase Z. The paving will be completed on R9, R7 and R4. The paving of R5 may not be completed, but the developer wants to get started on that road. The Preliminary Plan for all the phases has been approved. However, each phase will come forward for approval. Staff recommends approval of Phase Z.

MOTION: Commissioner Todd Benson moved to approve a Final Plat for Taviawk Subdivision Phase IX-Z located approximately 900 North 500 West. Kayenta Development, Inc, owner and Lance Anderson, applicant.
SECOND: Commissioner Adel Murphy

VOTE: The motion carried unanimously.

Dale Coulam indicated that this road offers additional connectivity but completion to its final paved state is not required for Phase Z. But to perform any work it needs a Final Plat recorded. Before the phases that are attached to R5 could be recorded, the improvements would have to be completed or bonded for. Staff recommends approval.
Chairman Mehr asked if the developer had to pay an application fee of $500 plus $75/lot for each phase.
Dale Coulam stated that is correct. If they had waited to record R5 with one of the other phases, the road would have been included but recording separately as a road, they paid an additional fee.

MOTION: Commissioner Adel Murphy moved to approve a Final Plat for Taviawk Subdivision Phase IX-R5 located approximately 940 North 550 West. Kayenta Development, Inc, owner and Lance Anderson, applicant.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

Dale Coulam noted that a draft of the proposed language for Section 15.04.408 Procedures for Amending a Recorded Subdivision Plat was presented at the Commission’s last meeting. This change makes the city code more consistent with the amended state code, and in certain circumstances it is easier to amend a Final Plat, particularly, where there are adjoining lot owners who want to build one house on two lots.
At the last City Council meeting there was a discussion about meandering sidewalks as to when they should be required and when they should be optional. The recommended standard for requiring meandering sidewalks was increased from a sixty foot (60’) right-of-way to a sixty-six foot (66’) which requires a change in the Subdivision Ordinance. The rest of the changes will be addressed in the Design Standards.
Chairman Mehr opened the Public Hearing.
Phil Moulton was not for or against the proposed change but had concerns about runoff from asphalt as he felt it is more detrimental than natural runoff. He lives in the lower elevations, and he felt that meandering sidewalks might be effective in slowing the water to the lower elevations. These types of sidewalks improve the look when landscaped and is very inviting and pleasant. He was in favor of Ivins maintaining an original and unique appearance. It may also be good for children’s safety, drainage for EPA and it enhances the over-all projects.
Tracy Ence with Ence Homes was not in favor of a meandering sidewalks on a very narrow landscape area. Without enough landscape it becomes a hindrance. It performs badly and there is nothing positive about it. He has developed both types of sidewalks and on the sixty-foot (60’) and sixty-six (66’) roads it is good if you have a large enough area for landscaping so the sidewalk can go through the landscaping. Then it’s positive and inviting. He favored doing away with it on narrow streets.
Lance Anderson feels the City has gone overboard on serpentine sidewalks. He favored a slight serpentine instead of the snake look. When it’s hard against the curb, it doesn’t look good and there is no relief.
Chairman Mehr closed the Public Hearing.

Dale Coulam reported that Chuck Gillette is working on the tight curbs and serpentine design within the Design Standards. That issue will be addressed separately. This amendment refers just to the requirement for serpentine sidewalk design on wider streets. The narrower streets would have the option to meandering sidewalks but it would be reviewed by the Technical Review Committee. As far as drainage the sidewalks would occur behind the back of curb, and whether it is a straight sidewalk or serpentine it may not affect the runoff that’s in the road.
Chairman Mehr commented that the change is relaxing the requirement approximately six feet (6’).
Commissioner Reed stated that it’s coordinating the Design Guidelines and the Subdivision Ordinance. A lot of places in the Design Guidelines it’s given as a guideline and as something that is encouraged. This is a requirement.
Commissioner Benson was encouraged that they were working on the design because what we all don’t like is when the sidewalks look exactly uniform.

MOTION: Commissioner Mike Scott moved to recommend amending Title 15, Chapter 5, Section 15.04.408 of the Ivins City Code Updating Procedures for Amending a Recorded Subdivision Plat and Section 15.05.503 Regarding Sidewalk Design. Ivins City, applicant.
SECOND: Commissioner Todd Benson

VOTE: The motion carried unanimously.

Dale Coulam reported that the Commission had previously considered relaxing the ordinance for real estate signs, and the initial recommendation was not to make any changes to the current ordinance. The Council appreciated the thoughtful, reasoned approach of the Commission and may be in agreement with the recommendation long term but considered the possibility of temporarily allowing some additional signs to help stimulate sales and permit revenues. During the Council discussion, Ence Homes submitted survey data regarding increased signage and its effect on sales and some proposals showing different signage (copies of which were provided to the Commission and are available at the City office). The temporary ordinance lists some points that the Council felt were worth of considering.
Commissioner Scott asked if after six months would it fall back under the current ordinance.
Dale Coulam stated that it would unless something else was passed to extend or modify the temporary ordinance.
Chairman Mehr opened the Public Hearing.
Tracy Ence with Ence Homes indicated that the streets in Ivins are hard to maneuver in when it comes to locating an individual home for sale or a home in a subdivision. Ence Homes is requesting a larger entry sign (8x8), a balloon and/or flag and a couple of directional signs. The request is for all developers, not just Ence.
Chairman Mehr asked what Mr. Ence’s experience has been with this type of signage in other cities.
Tracy Ence referred to the Village on the Heights and that the flags brought people to the project. There has only been one (1) sale in Ivins this year compared to sixteen (16) in Santa Clara. The traffic in Ivins is down 40% but Ence Home sales are higher than anyone in the county in Santa Clara. The traffic is coming in because of the flags, balloons, etc. In Ivins there is one directional sign on Highway 91. He explained further how advertising and selling homes works. A lot of effort has been put into showing the lots in Ivins and he’s asking for a little help to do that. Sales and traffic are down and one way to change that is to show people where they are located. He explained the survey submitted to the Commission. Signage, flags, bandit signs and balloons have been the number one reason for people coming to the houses. People can see balloons, flags, etc. and that is why they are used because it draws people in. SunCrest West was the number one seller in Washington County but not now.
Commissioner Reed asked about his percentage of returns regarding his surveys and what he sees the role of a real estate agent to be.
Tracy Ence stated that on the average for 2009 it was 78%, 2008 had a higher percentage, but in 2007 they contacted every person sold to and received 100%. 50-70% visitors came to models and filled out a survey. Real estate agents are very important. Ence markets toward outside agents and they had six (6) homes sold by outside agents. Other sales have been by on site agents. Sold twenty-six (26) homes this year.
Commissioner Murphy asked when the grand opening of the Village on the Heights was, and how he accounted for SunCrest West being the best seller without flags and extra signage.
Tracy Ence stated that the grand opening was February 8, 2010 a week prior to the Parade of Homes. SunCrest West was the best seller because people were still looking for homes and Ence had the most affordable home in the entire area. 90% of the marketing was SunCrest West. But now Ence Homes is considered an average priced product.
Commissioner Murphy asked if the Village on the Heights took away from SunCrest West.
Tracy Ence stated that it could have because of the advertising with flags, balloons, etc. The subdivision is not marketed any more than SunCrest West but potential clients drive past the Village on the Heights before getting to SunCrest West.
Angelo DiSanto’s property adjoins SunCrest West Subdivision. He was not trying to keep Mr. Ence from developing SunCrest West but asked about the restrictions on how many and where the flags and directional signs would be placed. He’s not opposed to having flags at the subdivision entrance but is opposed to them being inside the development. Also, he opposes having a truck with advertisement.
Chairman Mehr closed the Public Hearing.

Chairman Mehr summarized the proposed changes:
1. Offsite Directional Signs: amended from two signs to four signs.
2. Project Identifications Signs: currently allowed 32 sq. ft with a height of 6 feet; proposing a maximum 64 sq. ft with a maximum height 8 feet.
3. Flags: currently not allowed; proposing maximum of four (4) flags.
4. Balloons: currently not allowed; proposing one balloon not to exceed 7 feet and to display on weekends and holidays.
Commissioner Scott asked for clarification on how many flags can be at an entrance since subdivisions have more than one entrance.
Dale Coulam stated the ordinance allows a total of four, four at one entrance or two at two entrance.
Commissioner Reed stated that he has a hard time reconciling this proposal with his interpretation of the General Plan. As far as he knows there is no exception in the General Plan for temporary economic conditions. It encourages modest signage. The proposal is more modest than Santa Clara’s but it’s going the opposite direction of the General Plan. He has empathy but feels restricted by the guidelines. Offsite directional signs and project identification signs are somewhat uniform and match the surrounding area but advertising signage does not blend into the community and landscape. It needs to stand out and grab the attention of the people. He suggested an addendum regarding flags. They need to be replaced or taken down if they become frayed and balloons don’t fit the requirements in the General Plan.
Commissioner Murphy commented that the General Plan drives the ordinances, not marketing conditions. The real estate market is beginning to slowly recover and the question is why this is being proposed now. Last year the real estate market was in worse shape than now. The real estate market has its ups and down. There needs to be some directions as to where offsite directional signs should be located. There is more than one developer in the City which means several signs. She is not in favor of allowing directional signs being located at the Ivins entrance until Snow Canyon Drive where the Tuacahn sign is located. It brings back memories of the political signs. If every developer has an arrow sign it litters that corridor.
Commissioner Benson’s concern was that everyone would take advantage of this opportunity. Having five (5) balloons up on the weekends wasn’t the direction he felt they wanted to go. His issues were with balloons and flags but he was okay with offsite directional signs if controlled and maybe project signs. If flags are considered, he suggested setting a height limit. Flags and directional signs impact those close to the project and would not affect the whole community where as balloons are visible from all areas.
Commissioner Scott commented that this is being considered only for real estate signs. It may not open up the door legally to other businesses but it may open the door from an equity standpoint. If the city is doing this because it is a difficult sales period, why aren’t we allowing other businesses to market themselves more visibly when they have difficult sales periods. It intentionally opens up the door for more than just real estate. He was okay with the project identification signs.
Chairman Mehr was in agreement with the Commissioners comments but looked at it as being temporary. We all are concerned about the impact, complying with the General Plan and not to detract from the beauty of the City. The temporary ordinance gives the City an opportunity to see if these private entities will keep their word and comply with the restrictions.
Commissioner Murphy stated that the problem with being temporary is that we all know that the real estate market will not turn around in six (6) months, and the Commission will be back considering another six (6) months, etc.
The Commissioners discussed at length each section of the proposal to see which items they could agree upon. They discussed staff controlling the location of the directional signs, a lot of signs could be confusing, no signs allowed before the entrance of the roundabout, set flag height at twenty feet (20’) from the ground and maintain condition of flags, and disallow balloons.
Commissioner Murphy and Commissioner Reed had reservations about allowing any additional signage.
Commissioner Scott suggested leaving the directional signs at a total of two signs.
Commissioner Reed commented that the Council also had some concerns about the location of signs.
Commissioner Scott stated that he empathized with the real estate situation but was not in favor of the ordinance.
Commissioner Benson was very sympathetic, and he was okay with flags if the height is limited. He was supportive of the offsite directional signs and project signs but suggested deleting the balloons.
MOTION: Commissioner Reed moved to amend the proposed ordinance in front of us to limit flag height to twenty feet (20’), to require flags to be replaced or removed if they become frayed, and delete provision (4) that allows balloons and allow items (1) and (2) as written.
Seconded: Commissioner Benson.
Discussion:
Dale Coulam asked for clarification and if the motion was to amend the ordinance.
Commissioner Reed stated that he moved to amend the proposed changes before us, not the ordinance.
Chairman Mehr asked if he was recommending to approve with the changes stated.
Commissioner Reed stated that he was not recommending approval, just the changes.
Dale Coulam explained that the Commission needs to make a recommendation to Council and asked if the intent was to redraft the ordinance and submit it back to the Commission?
Commissioner Reed stated, "No." He thought it could be amended without sending it forward with a recommendation.
After further discussion on how to state the motion, the first motion was voted on.
VOTE: All the Commissioners voted "Nay." The motion failed unanimously.
After further discussion the following motion was made:

MOTION: moved to
SECOND:

VOTE: The motion carried.

Commissioner Reed referred to the discussion at the last meeting and the impact of commercial development on 400 South 200 East to the neighboring residents. As Kevin Rudd stated, neighbors feel their property is devalued by the commercial development. A lot of the design standpoints for commercial development are viewed from the street and not viewed from the adjacent residences. The ordinance should be crafted so that neighborhood commercial blends with the neighborhood, not just the street and that it does not adversely impact adjoining residents. It is not easy to accomplish, and doesn’t allow for maximum dollar potential development out of every narrow strip of property in Ivins. As much as he would like to drive commercial, at the same time it should be crafted to be inclusive so if it’s built next door to anyone it has no more negative impact to them than if it were another house. Buffers or design guidelines need to occur to make it pleasing so that there is a noise buffer and commercial traffic doesn’t impact the residential street traffic. He suggested looking at what development have occurred under this ordinance and see if it meets the ordinance requirements and what we want it to meet. Or do we need to modify the ordinance so that it drives development and meets our ideals and guidelines of the community.
Form Tomorrow furnished documentation that clarification of the design guidelines and design requirements and what is allowed on any given property. Form Tomorrow is scheduled to be back on June 1st with some 3-D modeling on what our ordinance allows and take a typical commercial lot size and furnish different designs as to what could be developed as per the design requirement.

Commissioner Reed nominated Dennis Mehr as Planning Commission Chairman for 2010.
Commissioner Scott nominated John Reed as Planning Commission Vice Chair for 2010.

MOTION: Commissioner Adel Murphy moved to approve Commissioner Dennis Mehr as Chairman and Commissioner John Reed as Vice Chair for the Planning Commission for 2010.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

Page 3, Line 17: Change "like" to "likes"

MOTION: Commissioner John Reed moved to approve the Ivins City Planning Commission minutes for April 13, 2010 as amended.
SECOND: Commissioner Adel Murphy

VOTE: The motion carried.

1. Field Trip scheduled for May 18 at 5:30 P.M.

MOTION: Commissioner Adel Murphy moved to adjourn
SECOND: Commissioner Todd Benson

VOTE: The motion carried unanimously.

The meeting adjourned at 7:03 P.M.

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