CHAIRMAN AND COMMISSIONERS:
The meeting was called to order at
05:29 p.m. All present included
Chairman Dennis Mehr,
Commissioner Todd Benson,
Commissioner Adel Murphy,
and Commissioner John Reed.
Staff: City Manager Judy Gubler, City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, and Deputy City Recorder Martha Wilson.
Audience: Jesse Miller, Steve Miller, John Hopkins, Ted Thornton, Kathy Thornton, Dennis Patton, Lance Anderson, Nona Marie Miller, Kenneth Anderson, Grover Fridley, Jim Andreasen, Theresa Fife, Angelo DiSante, Cindy Smith, Judith Kapuscinski, Jim Keeley, Steve Roberts, and Troop 497.
Chairman Mehr acknowledged there was a quorum. Commissioner Mike Scott was excused because of a family matter.
Commissioner Reed led the Flag Salute.
Chairman Mehr led the Invocation.
There were no disclosures or conflict of interests with this meeting.
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2) |
REPORTS AND PRESENTATIONS (None) |
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3) |
BUSINESS LICENSES (None) |
Kevin Rudd displayed the drawings on the proposed LDS Chapel/Church (copies available at Ivins City office) and advised that churches are allowed as a conditional use in every zone within Ivins. The property is zoned RA-1 (Residential Agriculture, min. 1 acre). The Commission is the land use authority to approve a use and can place reasonable conditions on the conditional use. After approval, the LDS church can apply for a building permit which requires no public hearing or notice. The church will front 200 South with two (2) entrances and parking on both sides of the church. Cameo Park Subdivision is next to the church location. The exit at the back of the building connects to 300 South. The landscaping will be primarily desert landscaping with a small section of grass. The plan shows a future pavilion and a future addition, meaning these would not have to go through the full conditional process again but would require a design review by the Commission. A colored block wall will abut the Cameo Park Subdivision wall with a small gap between the walls. There will be some fill for drainage, and a retaining wall (4’ or less) in conjunction with the new wall, and then the block wall will be on top of the retaining wall. A block wall will be placed along the Hafen farm, and the trash container will be shielded with a block wall. The design is similar to other churches with brick, tile roof, and limited white trim around the roof, windows and church steeple. The building height is approximately thirty-one feet (31’) and the steeple is approximately seventy feet (70’).
Chairman Mehr opened the Public Hearing.
Ted Thornton, a resident of Cameo Park, is president of Cameo Park Association. The association welcomes the church. The major issue is that 300 South is a private road that the association owns and maintains. The church will have ingress and egress rights to 300 South. If the church intends to exercise that right, he suggested a gate across the driveway. If there’s not a gate, the association would have a lot of traffic and add to maintenance. He also expressed concern about school traffic.
Jessica Miller was against opening up 300 South for the City and for the church to use because the residents pay to maintain the road. The residents were told that the road was for guests and access for the farmer. Also, there are concerns about drainage, the wall, and trees hanging over into Cameo Park’s property which would cause maintenance problems for residents.
John Hopkins explained that 300 South is approximately 30-35 feet wide and twenty-one (21) homes access the road. His concerns are church traffic, school traffic and the rain runoff on that property because it goes down through a dead-end storm drain box onto 400 South. It was a poor man’s setup to take care of the drainage years ago. He asked if the drainage from the church property would go directly into the main storm drain and the existing dead-end box, and if the drainage system would be addressed. He was also concerned about the construction vehicles coming through 300 South because the association has to maintain the road, and the two walls being close together could cause a safety issue for children because children walk the walls. Debris between the walls could be a maintenance issue. He encouraged the church not to plant trees that would hang over into the yards of the residents.
Grover Fridley’s home faces 300 South. He welcomed the church as a neighbor but expressed concerns about the traffic on 300 South. He asked about the status of the easement that had been put on the property to give access to the farmer to keep him from being landlocked.
Steven Miller was concerned about the drainage. Most of the properties that abut the wall have an underground drainage system so that the backyards do not flood. It’s a sand filled trench so that the water runs underneath the wall on the west side. He questioned the wall placement around the pavilion. He felt the wall should go around the entire property to be accessible from 200 South.
Jim Andreasen recommended having the walls right next to each other to keep from having a gap. Since 300 South is proposed to go through to 200 East, he asked if that would be integrated with this plan. Some property would have to be purchased but it makes sense to work 300 South into this project and do it all at once. He also suggested that the design of the church be more southwest design similar to the church on Center Street, and since the Mayor has been talking about Ivins being a solar community, suggested the church to go solar. Cameo Park has not been able to access the Internet and DSL because the phone lines are connected somewhere else. If the church is going to access DSL in the building, they would like to get that fixed so that the subdivision can have access to DSL.
Marie Miller agrees with the concerns stated about the maintenance, safety, privacy and liability issues of their property. Her home abuts the wall and she was concerned about the height of the wall and possibly having another foot on the wall.
John Hopkins explained that the landscaping along the wall steps down at each home with a gradual slope, and the south end of the wall is waist high. He suggested mitigating that wall as there could be a privacy issue.
After no further response Chairman Mehr closed the Public Hearing.
Dale Coulam explained that the forty foot (40’) wide easement for ingress and egress associated with this parcel that the church purchased is not restricted in any manner in the deed of conveyance to either a farmer or farm operation. It is a valid easement that can be used by the owner of the property as long it is for ingress and egress. In reference to the gate, he did not know if a gate was in the plan. Both the constitution and a federal statute make it difficult to regulate or restrict religious institutions. For example, steeples that serve a religious purpose, etc. triggers the first amendment and federal statute. In reference to the church design on Center Street, the church gave some concessions. It’s also different situation since it is on the main entry to Ivins. This church project is consistent in design to the two churches in Heritage Estates Subdivision and the recently constructed in Santa Clara. Therefore, it would be difficult to regulate without some legal basis. Also, the City does not have the legal ability to impose restrictions such as solar power. The City can encourage certain things but there has to be a legal basis on what conditions can be imposed. Conditions need to be reasonable and mitigate adverse consequences of the use. An example is drainage and rain runoff. The color is earth tone and has been addressed except for a couple items. A condition could be added that it is constructed as displayed. In regards to the existing perimeter wall, it may not have been engineered to hold dirt nor does the adjoining property owner want to risk any liability of damaging the existing wall. Therefore, it is not uncommon to have a second wall, and they intend to put it as close as possible. There could be a condition that the gap is not large enough to cause a safety concern for children.
Kevin Rudd felt that the wall could be constructed within an inch or two. Two inches is proposed which is not a safety hazard.
Chairman Mehr summarized the residents’ concerns before continuing further discussions:
1. access on 300 South
2. maintenance of 300 South
3. drainage (storm drainage and the drainage box system)
4. rain runoff
5. wall height and debris, weeds between the walls
6. trees planted next to the wall and hanging into resident's yards
7. not to have vehicle access to 300 South during construction
8. solar power
9. southwest landscape design
Dale Coulam commented that there could be a condition not to allow construction vehicles on the private street during construction.
Kevin Rudd clarified where the perimeter wall would be located on the property.
The road master plan shows a road from 300 South to 200 West. The City as a rule does not build roads and purchase right-of-ways until development occurs along the route. It could be several years before 300 South is completed. The church has agreed at some future point to install street improvements at their cost.
The City doesn’t have a requirement to have trees planted next to the wall. He felt the church would agree to plant bushes instead of trees along Cameo Park.
The only drainage right that this property has is the natural drainage that would occur which is happening now. The rain water does go across 300 South. For any increased drainage there would have to be a drainage easement or a detention basin which the church has proposed to slow down the release of water.
Dale Coulam stated that if the water is released at the same amount as what is currently happening, then the detention basin would be okay.
Commissioner Reed felt that the proposed detention basin requirement may not be sufficient.
Kevin Rudd explained that the rate of flow has not been determined or if it will be able to be released slow enough or if an underground drainage system will have to be installed to go to 400 East. This could be a condition if the Commissioners felt it needs to be mitigated.
Dale Coulam explained that normally the construction plans come forward to be approved by the City Engineer but drainage could be a condition since there have been a number of comments that the rain water collects in one spot.
Commissioner Murphy asked if there was a provision in the easement that referred to maintenance.
Dale Coulam stated that there is not a provision and it doesn’t apply to this Conditional Use Permit. He wasn’t sure if the association had approached the City about having discussions about acquiring it. What is being conveyed is what Ivins acquired which is a forty foot (40’) wide easement for ingress and egress.
Chairman Mehr inquired if the City knew the intent of the church about using the 300 South entrance.
Kevin Rudd explained that these two exits would be sufficient as required exits for fire.
Dennis Patton, church architect, stated that the plan shows the access just to give them access to 300 South Street but at some point it will be a public street. The church wants to maintain the ability to have access, not only for exiting but for use of the back property. A gate is a possibility. The church does not want the parking lot used as an access for traffic. Sometimes posts are put up with chains to stop access.
Kevin Rudd asked if the church would want to participate in the maintenance of the road if the church uses it.
Dennis Patton explained that those commitments would have to be made by the church. The church tries to be a good neighbor and if it becomes a problem, they would probably work with the homeowners to solve any problem. When the church looked at the property, they looked at the fact that there was access on the front and back and that 300 South would become a public street. It may not be a desire of Cameo Park but it would certainly be something that the City would be wise to get. It would help the development along both sides of the street.
Kevin Rudd commented that the reason Staff is not having the church build the road improvements is that the road would not be used and it would deteriorate.
Dennis Patton stated that he didn’t see a problem with not using the 300 South access during construction.
In reference to the second wall, he explained that the second wall gives the church control. He explained some of the issues that the church has had with walls and the liability. Also, in regards to drainage and the drainage system that Cameo Park has installed, the church will address the drainage as required by the City but at the same time they don’t want drainage coming onto the property from Cameo Park.
Chairman Mehr felt that the concerns had been addressed and summarized the conditions that could be considered:
1. color design
2. drainage (does not increase the normal flow)
3. wall gap
4. construction vehicle access
5. landscaping not be allowed to trespass onto Cameo Park property.
MOTION: Commissioner Todd Benson moved to approve a Proposed Class IV Conditional Use for a LDS Chapel/Church located approximately 330 East and 200 South, LDS Church and Dennis Patton, applicants, with the following considerations that:
1. color design is as presented;
2. provide adequate drainage as not to exceed the current flows;
3. maintain proper landscaping so that there is no trespass issue onto the Cameo Park Subdivision side;
4. the gap between the walls is held to about 2" as presented here tonight; and
5. that during construction there would be no construction vehicle access on 300 South.
SECOND: Commissioner Adel Murphy
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
ABSENT |
Kevin Rudd explained that the Special Exception Application is for the height of the steeple. The maximum height allowed in the zone is thirty-five feet (35’). The steeple is seventy feet (70’) and it is the standard height for the church steeple. Chapter 28 in the Zoning Ordinance allows the granting of a Special Exception for height greater than thirty-five (35’). He explained the review process.
Dale Coulam read and provided a legal memo (copy of memo available at Ivins City office) in regards to the legal rights of any religious organization. The following statement is in the church’s application, and in virtually every application of any faith: "a universally recognized message of reverence and ascension to God, literally lifting the eye heavenward." This language triggers the first amendment and the Religious Land Use and Institutionalized Persons Act which made the standards clear what a government would have to demonstrate in order to support a restriction. Any restriction must be "in furtherance of a compelling governmental interest" and is the "least restrictive means of furthering that compelling governmental interest." It’s a very difficult standard to meet under constitutional law particularly since there are two other churches in the area that have the same steeple height and configuration.
MOTION: Commissioner Adel Murphy moved to recommend approval of a Special Exception application for the LDS Chapel/Church steeple located approximately 300 East and 200 South. LDS Church and Dennis Patton, applicants.
SECOND: Commissioner John Reed
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
ABSENT |
Commissioner Benson inquired if the Commissioners received the drawing that he emailed and asked if it was in keeping with what the Mayor discussed at the last meeting. It was an exercise to see if we really want to avoid the buildings being in the view corridor, what it will take as far as setbacks and are we being realistic in the goal to make it a walkable community. The closer the building is pulled to keep it a walkable community the more it blocks the view. The drawing was more of an exercise to see what the required setbacks were. He wasn’t proposing a solution but giving the Commissioners a visual.
Commissioner Reed felt they could come up with a solution that is still walkable and it doesn’t mean the building and sidewalks are necessarily adjacent. The combination of a landscape buffer, buffering the building, the parking, and connecting egress can work in harmony. It’s not just the view corridor but a matter of frontage access and increased cost.
Chapter 19 comments are good but the Commission needs to work on setbacks and rules and regulations on building placement. Before the next meeting he suggested reading Chapter 19 comments, and then incorporate some drawings that layout alternatives for parking to have a visual and setbacks so this can be moved forward to the City Council.
Commissioner Reed explained that he compared the "Best Management Practices for Honey Bee Colonies" document with the "Salt Lake City Ordinance. Most of the Best Management Practices that is enforceable is included in the Salt Lake City Ordinance. The Salt Lake City Ordinance doesn’t cover, which is very applicable to Washington County, maintaining European Bee Colonies in areas that have Africanized honeybee threats. One reason for allowing beekeeping is the enhancing of public safety because if the European Honeybee is in this area, we are less likely to have the Africanized Honeybees. He identified in red some specifics that he would include in the ordinance to protect colony management against the threat of Africanized Honeybees, such as not allowing any empty colonies in an apiary and having the queen marked or clipped so that the queen can be identified. When there is an annual inspection by the county beekeeper, there should be a checklist about the queen management practices and the county inspector verifies that practice. Then the beekeeper is required to maintain the practices so if there is a question somebody can go out and asked if the county bee inspector signed off on this or not. It removes anyone from physically having to go out an exam the hive above and beyond what is already being done.
Commissioner Murphy asked if he was suggesting that the Commission should use the Salt Lake Ordinance and add the items that he marked in blue in the Best Management Practices.
Commissioner Reed clarified that most of the items he marked in blue was in the state ordinance. The Salt Lake City Ordinance already covers most of the Best Management Practices.
Chairman Mehr stated that in a previous meeting you had concerns about enforcement. He asked if Commissioner Reed felt good about what is presented in the document about enforcement.
Commissioner Reed stated that he is and the next step would be to incorporate these documents into an ordinance for Ivins.
The documents submitted were forwarded to Dale Coulam to codify into an ordinance, and will come back to the Commission for review before setting a public hearing.
MOTION: Commissioner Todd Benson moved to approve the Ivins City Planning Commission minutes for January 18, 2011.
SECOND: Commissioner John Reed
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
ABSENT |
Commissioner Benson will not be able to attend the next meeting.
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Building & Zoning Administrator, Kevin Rudd |
Kevin Rudd advised that the Commission may have a Zone Change Application and Subdivision Preliminary Plan at the next meeting.
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City Attorney, Dale Coulam (None) |
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Items to be placed on future agendas |
1. Continue discussion of Ivins City Zoning Ordinance
2. Review beekeeping draft ordinance in Ivins.
MOTION: Commissioner Adel Murphy moved to adjourn
SECOND: Commissioner Todd Benson
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
ABSENT |
The meeting adjourned at 6:41PM.
Respectfully submitted,
Martha S. Wilson, CMC
Deputy City Recorder