CHAIRMAN AND COMMISSIONERS:
The meeting was called to order at
05:29 p.m. All present included
Chairman Dennis Mehr,
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 City Recorder Kari Jimenez.
Audience: Ben Rogers, Lynnette Miller, Steve Kemp, Barbara Rusick, Lance Anderson, and Dan & Beate Pendleton.
Chairman Mehr acknowledged that there was a quorum and excused Commissioner Benson.
Commissioner Reed led the Flag Salute.
Chairman Mehr led the Invocation.
There were no disclosures or conflicts of interest with this meeting.
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2) |
REPORTS AND PRESENTATIONS (None) |
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3) |
BUSINESS LICENSES (None) |
Kevin Rudd reported that the proposed plan is the same plan approved by the Commission during the review of the last amended Conditional Use Permit (CUP) on the Casita housing units. After approval of the CUP, the owners started subdividing the project into townhomes/condos but the challenge was that the zoning did not permit these uses within the current zones. Condos are only allowed in mixed use projects. Staff felt that the best way for Fitness Ridge to achieve their goal was to apply for a Mixed Use Overlay. This application represents two parcels. One is zoned (C-1) Community Commercial and the other is RC (Resort Commercial). The two zones being requested in the Mixed Use Overlay are C-1 and Multiple Residential (R-M) zones which provide the maximum flexibility to achieve their vision for this property. The Project Plan Narrative (copy available at Ivins City office) provides a list of the proposed allowed uses in the Mixed Use Overlay, and the applicant also lists the uses that are prohibited. Staff feels the Mixed Use Overlay gives the owners flexibility and a win/win situation for the City. The landscape plan, the buildings and architecture are the same as the CUP. The Development Agreement will require that the architecture carry through on any future buildings. On any future phase of development, an amendment will be submitted to the Commission and City Council to review the structures and uses.
Commissioner Reed inquired about light manufacturing as being an allowable use in a C-1 zone and asked if light manufacturing was restricted to the industrial zone.
Kevin Rudd stated that he would have to check the list of uses and strike uses not allowed within the zone.
Commissioner Reed asked if it would encompass uses allowed within an R-M zone but not uses allowed in other zones.
Kevin Rudd stated that is correct. If light manufacturing is not allowed, it would have to be deleted.
Chairman Mehr opened the Public Hearing.
There being no public comment, Chairman Mehr closed the Public Hearing.
Chairman Mehr asked if all the City requirements had been met.
Kevin Rudd stated that the requirements had been met.
Commissioner Reed mentioned that there were two conditions attached to the CUP during the review to expand the project such as matching the the landscaping plan and architectural styles. Are these conditions still binding or do they need to be a condition to this Zone Change?
Dale Coulam stated that the CUP with the conditions placed on it was binding. The Project Plan becomes the zoning for the project. It may not be necessary to state the conditions because this is a zone change to allow a Mixed Use Overlay for the developer to have the option of either putting the units in a rental pool, like a hotel unit, or allowing individuals to live in the units year round.
Commissioner Reed agreed with the concept and was certain everything would be carried out as outlined in the narrative but wanted to be certain that what is stated occurs.
Steve Kemp, one of the owners, thought that light manufacturing is listed in C-1 zone on website. Their intention is to process and fabricate, etc. as per the description listed on the website. They want to bottle supplements and silk screen clothing with the Biggest Loser logo.
Dale Coulam advised that light manufacturing is not listed as a Conditional Use in a C-1 zone under the City Code that is online.
Steve Kemp was okay with striking the use as long as it does not preclude bottling supplements and silk screen tee shirts that would fit in a retail use.
Kevin Rudd gave his interpretation of light manufacturing and referenced Commissioner Reed’s custom furniture making as an example of light manufacturing. He doesn’t see bottling supplements and making tee shirts as light manufacturing.
Dale Coulam advised that the recommendation does not have to specifically say whether or not to strike light manufacturing but restricted to the uses in the two zones, C-1 and Multi Family.
Commissioner Reed stated that part of the reason to use the Mixed Use Overlay was to have uses that are allowed within that zone and allowed within the overlay. If it was from another zone, would it be allowed?
Dale Coulam explained that the allowed uses from those two zones being combined for the mixed use and that is what are allowed, and the Project Plan restricts some of those uses.
Kevin Rudd stated that if the applicant wants to restrict uses such as car washer or convenient store that would be appropriate but to take a use that is not allowed in those two zones they could not do that.
MOTION: Commissioner John Reed moved to recommend approval of a proposed Mixed Use (MU) Overlay District Zone Change on the property located at 760 South 200 West, Fitness Ridge LLC and Casitas at the Ridge LLC, owners and Tamara Clark, applicant, with the condition that all previous conditions are attached to this as well.
SECOND: Commissioner Adel Murphy
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Todd Benson |
ABSENT |
Kevin Rudd reported that the Preliminary Plan shows three (3) phases for the Casitas. Phase 1 includes four (4) buildings and the parking area. Phase 2 includes two (2) buildings, and Casita Drive goes from 800 South to Highway 91 and Phase 3 includes two (2) buildings along Highway 91. The Preliminary Plan is the same plan as the Conditional Use Permit and the Concept Plan that was submitted several months ago. Staff recommends approval.
Chairman Mehr opened the Public Hearing.
Dan Pendleton, a resident of Ivins, inquired about the height of the buildings.
Steve Kemp stated that the height of the building is twenty-seven (27’) feet.
After no further comments, Chairman Mehr closed the Public Hearing.
Commissioner Reed commented that the plan provides a valuable addition to the City and community.
MOTION: Commissioner Adel Murphy moved to recommend approval of a proposed Preliminary Plan on the "Casitas at the Ridge" located at approximately 760 South 200 West, Fitness Ridge LLC and Casitas at the Ridge LLC, owners and Tamara Clark, applicant.
SECOND: Commissioner John Reed
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Todd Benson |
ABSENT |
Commissioner Reed noted that during his report to the City Council, Council Member McDonald reminded him that the Commission had discussed holding a meeting with the commercial property owners to give input on their challenges so that the Commission could incorporate any input from the property owners. He suggested scheduling that hearing.
The Commission and Staff discussed at length on how to approach a meeting with the commercial owners so that the meeting would be productive.
In summary, a work meeting will be scheduled during a regular Planning Commission meeting on April 19, 2011 and possibly set aside 4-5 hours for discussion. Kevin Rudd will research the Zoning Map for commercial owners and businesses and provide a draft letter to the Commissioners by email before sending out the invitation to the commercial owners and businesses. The letter will clarify what the intent of the meeting will cover.
Dale Coulam stated that the draft is not finished due to a few questions that needed clarification. Salt Lake’s ordinance is found in their Animal Title Ordinance and not in the Zoning Ordinance. Therefore, the use table would have to be changed to allow beekeeping as a Conditional Use. This change is addressed in a rough draft of Ordinance 2011-02. Ordinance 2011-03 amends Title 6 to add a chapter regarding beekeeping. Otherwise, the Commission would need to amend the Zoning Ordinance and add it under Supplemental Development Standards. This may not be the easiest place to find the regulations on beekeeping.
Chairman Mehr asked if it mattered from a legal standpoint where it was located.
Dale Coulam stated that he preferred it in the Animal Ordinance with the table of uses being changed in the Zoning Ordinance.
The Commissioners agreed it should be included in the animal section of the ordinance. By adding this ordinance to the animal section, animal control would be enforcing the ordinance. Director of Public Safety Bob Flowers felt it would work well under animal control.
Commissioner Reed suggested changing Section 6.9.103 from five (5) hives to three (3) hives on residential lots.
The Commission had a discussion about what the number should be and ultimately settle on Commissioner Reed’s recommendations.
Kevin Rudd mentioned that there are three (3) agricultural zones. Two (2) are residential agricultural zones, RA-1 and RA-5, but the true agricultural zone is A-20. At present, there are no A-20 zones on the Zone Map. He inquired if the Commissioners were referring to agricultural lots as RA-1 and RA-5.
Chairman Mehr clarified that the Commissioners were referring to residential lots, not RA-1 and RA-5.
The following is a summary of the changes:
1. Section: 6.9.103: decrease the number hives from five (5) hives to three (3) hives and change one-half acre to one acre and change to six (6) hives on lots larger than an;
2. Section 6.9.106 Flyways: If any portion of a hive is located within fifteen feet (15’) from an area that provides public access or from a property line adjoining a non-agricultural zone there has to be a flyway barrier.
If the property line is next to an agriculture zone, Commissioner Reed did not see the necessity for the flyway as long as it’s a pasture and not going to be occupied or commercial, etc. and as long as it wouldn’t become an existing non-conforming use.
Dale Coulam suggested that it could be a temporary exception as long as the hives are next to an agricultural use without a residence.
3. Queen Management: All queens shall be marked and or clipped. Each beekeeper shall have a bill of sale from EHB Queen Producer for each queen and maintain a record of re-queening. This record shall be verified and signed by the Utah Department of Agriculture and food designated inspector. Each requires an annual inspection.
Commissioner Reed explained that this has to do with prevention of Africanization of the colonies and is the most important aspect. Also, referenced in the state law is empty hives and if empty it is considered abandoned.
The corrections suggested by Commissioner Reed will be forward to Dale Coulam.
The Commissioners were in agreement with the suggested changes to the ordinance.
MOTION: Commissioner Adel Murphy moved to approve the Ivins City Planning Commission minutes for February 1, 2011.
SECOND: Commissioner John Reed
VOTE: The motion carried.
| Chairman Dennis Mehr |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
ABSTAIN |
| Commissioner Todd Benson |
ABSENT |
Chairman Mehr noted that Commissioner Reed reported on having a meeting with commercial property owners on April 19, 2011.
None
MOTION: Commissioner Mike Scott moved to adjourn
SECOND: Commissioner John Reed
VOTE: The motion carried unanimously.
| Chairman Dennis Mehr |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner John Reed |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Todd Benson |
ABSENT |
The meeting adjourned at 6:37 P.M.
Respectfully submitted,
Martha S. Wilson, CMC
Deputy City Recorder