Chairman Reed explained that the previous meeting was held to receive input on current changes to the commercial portion of the Ivins City Zoning Ordinance and to receive input on any issues they might have with the current ordinance. Since there was some confusion and some owners were not aware of the City’s process, this meeting’s agenda will the review General Plan principals, a history of the current revision, an overview of the current General Plan, the need to revise the Zoning Ordinance to match the General Plan, a review of the current Zoning Ordinance, and an open forum for questions and general discussion. (a complete agenda and PowerPoint is available at Ivins City offices).
Kevin Rudd presented the PowerPoint on principals and the history of the General Plan. He explained the rights of property owners, eminent domain, when and why zoning regulations were first established, and the requirements for state and municipalities. He also explained Ivins City’s General Plan, Land Use Plan, Transportation Plan, Parks and Trails Plan, Storm Waste Courses, Expansion Annexation Plan, and Moderate Income Housing. The Ivins City General Plan was adopted 1998-1999 and revised in 2007 after the City Council reviewed proposed changes by GouldEvans Consulting firm. The proposed GouldEvans maps were displayed, and the proposed uses and zones were identified in various locations of the City. The current Land Use Plan was adopted on July 10, 2008. The Commission is now going through the process of bringing the Zoning Ordinance and other ordinances into compliance with the Land Use Map. Zoning Districts need to be created to match the land uses.
Chairman Reed explained that the Commissioners are also reviewing the entire ordinance to bring it into compliance with the General Plan which includes Design Guidelines and commercial polices. The Commission’s intention is to continue Ivins on the path of being a nice place to live and to attract certain types of businesses as per the General Plan. He continued the PowerPoint presentation and read the portion of the General Plan that focuses on commercial property and businesses (pages 18-19). The Commissioners are also reviewing the Design Guidelines to make the guidelines reflect the requirements for landscaping, lighting, walkable communities, etc. The old Land Use Plan had one type of commercial area but the new Land Use Plan identifies different types of commercial areas. The General Plan supports pedestrian-oriented commercial centers as well as driving to commercial centers and be visually attractive. The Commission is trying to develop guidelines so that the commercial property can be developed economically, be walkable and don’t lead to strip development. Commercial property can be developed depending on the use within that zone. The Commission is also directed to maintain harmony with nature. The City abuts a wilderness area which is very unique and has proven to be very attractive to numerous resort businesses. The City has to be careful to maintain that attraction.
Kevin Rudd explained that the Zoning Ordinance and Subdivision Ordinance are the regulatory documents that should match the intent of the General Plan. He showed a comparison of the existing commercial zoning districts with the proposed Land Use Plan designations. The revised plan created seven commercial uses, and the Commission has to create zones to match those land uses. There will also be a review of the Site Plan Building Design Guidelines located in Chapter 19 of the Zoning Ordinance. These guidelines consist of building design, landscaping, colors, types of building materials, etc. He encouraged the owners to review The Table of Uses for each zone which is located in Chapter 33 of the Zoning Ordinance. It is located on the Ivins’ website.
Ron Densley questioned the statement about not wanting commercial areas to look like strip centers. If there was a strip center developed, how would that affect parking spots, landscaping, detention areas, etc? Also, would people have a chance to vote on the Commission’s recommendations?
Chairman Reed stated that they will not be able to vote on recommendations but when it is revised they can give input at that time. By law the City is required to have the ordinances match the General Plan.
Kevin Rudd explained that the Design Guidelines is a document that a civil engineer and architect can use to help them to design and layout a project. The current ordinance states that parking areas require a certain percentage of landscape area among it. A buffer has to be provided between the parking lot and the road. The City doesn’t want to see a big parking lot of asphalt. The Design Guidelines will reflect what the City wants to see in a plan.
Chairman Reed stated that the Commission is in the process of designing those guidelines. At present, we have a bucket of ideas. Some of which will work and some that do not. The revisions need to match the General Plan as well as protecting the property rights of the owners. There will be a public hearing and all input will be taken into account and revised accordingly. Then, a recommendation will be sent to the City Council and they will go through the same process.
Ron Densley asked if the commercial property owners will be notified of the public hearing.
After some discussion of how notifications are published, Kevin Rudd advised that a letter could be sent out to the commercial property owners. It is not required but would be a courtesy notice. Also, the newsletter lists upcoming agenda items.
Ron Densley referred to zones such as C-1 and RMU and asked if the website shows what uses are allowed in the zones.
Kevin Rudd explained that zones have not been created for the proposed Land Use designations. The Commission is working on what RMU zone means and the uses allowed within that designation.
Ron Densley felt that was the crux of the meeting. His land is zoned RMU but the use has not been created. If he knew the uses, he would know what to develop or could advise what the uses are if he decided to sell it. The major point of an education program is to find out what commercial owners can do with their property.
Kevin Rudd agreed but also explained the advantages to a Mixed Use Application.
Chairman Reed felt the Commission is looking towards a lot of flexibility. It’s not so much what the use is but to make it attractive and don’t infringe on the existing property owner’s rights no more than it has to.
Commissioner Scott felt that Mr. Densley made the observation that the Commission has been looking for. There are existing zones but the revised General Plan directs us to come up with definitions for all the uses that are proposed. The commercial owners are frustrated because they want to know what they can do in the proposed zones but we don’t know yet. We want to know the owners thoughts and ideas. Mr. Densley mentioned a few such as having more density, mixed use, residence above the owners business, etc. This is why we want this meeting, to get that type of input. It gives the Commission directions when developing the uses.
Ron Densley asked if he could submit the type of uses he would like to see in his RMU zone.
Dale Coulam suggested that commercial owners submit any recommendations to the Commission while they are in the process of working on it. It will give them guidance.
After some discussion about the Table of Uses, it was suggested that the owners send a letter or email to Kevin Rudd’s attention and he would forward their suggestions to the Commission.
Troy Dennett is apprehensive about the zones being changed. His existing zone is C-1 and he knows what he can develop on his property. Under a different zone the uses may change. The designations are not defined but yet the use is on the Land Use Plan. He asked if the Design Guidelines are an adopted official policy and who sets those guidelines.
Kevin Rudd advised that the Design Guidelines are in Chapter 19 of the Zoning Ordinance and it is an official ordinance. Some of the language needs to be changed but the document is very explanatory and could be taken to a designer.
Chairman Reed noted that the Commission recently had a consultant review the Design Guidelines, Zoning Ordinance and General Plan to determine where it matches the General Plan and where it’s unclear, and they came back with recommendations to make it clear for development, engineers and architects.
Troy Dennett’s concern with the Design Guidelines is that the Commission would say we should regulate things such as set colors, etc. Guidelines need to be broad and flexible so owners can be creative. He’s concerned about strict and over regulating.
Chairman Reed stated that it will be broad and flexible. He noted that under the current ordinance property owners cannot put up a metal building. There are some color requirements but it will need to follow the General Plan, blend with the natural settings and doesn’t stand out. The signage ordinance is very much the same, in that; it directs people without being outlandish. Buildings need to be attractive without standing out. The Design Guidelines will accomplish those requirements.
Troy Dennett asked about restrictions on placement of buildings such as being set to the front or to the back or will we be able to come up with our own plan. His property has a twenty-five foot setback, and he was concerned about parking requirements being in the back or would it be in the front, etc.
Chairman Reed advised that it is a work in progress. The general urban concept says walkability means there is no parking with sidewalks and buildings. That may not work for Ivins since we want to protect the views. They are trying to have parking in front but at the same time create a walkable, safe entrance and not have to cross an entire parking lot. The General Plan refers to a walkable community with the protection of viewscape and allows flexibility within the development.
Troy Dennett wants to see flexibility and be able to present his own plan to the City. He’s concerned about the Commission being more restrictive. He likes the concept of submitting his plan and see if it gets approved.
Kevin Rudd advised that the current ordinance on commercial zoning setbacks is open for flexibility. The only required setback is if it abuts a residential zone, and then the same residential setbacks have to be maintained. In the current ordinance someone could come in and layout a project with a zero lot line.
Aprile Beardall gave an example of having a small veterinarian clinic located in Commercial Neighborhood zone. It complied with the ordinance but required a public hearing that would involve input from neighborhood people.
Kevin Rudd explained that a public hearing allows people to come and state their position that they don’t want a particular type of business next to them but it want stop a business that is zoned for the permitted use. It would be difficult for this body or the City Council to deny it unless it has to do with public health and safety.
Dale Coulam explained that conditions can be placed upon a conditional use. The purpose for a public hearing would be for the governing body to hear concerns, and then reasonable conditions could be imposed that would offset or mitigate any adverse conditions that affect the neighboring property. But the use would not be prohibited because it is already listed in the Table of Uses.
Chairman Reed explained that the Commission welcomes input but has a process to follow. This has been a long process and there has been some lag time. The current Zoning Ordinance was adopted in 2005, and the City has had some time to work with the ordinance. The Commission will review the ordinance to see if it is in compliance with the General Plan. Then the changes and recommendations will be made for the future. There is flexibility and the Commission wants to accommodate commercial owner’s requests as much as possible. But first, we look at the General Plan to see if that use is within the framework of the General Plan.