Commissioner Scott submitted verbiage on allowing residential above Neighborhood Commercial (copy available at Ivins City office) and explained that he left spaces for the Commissioners to determine the percentage of floor space to allow on the second floor.
The Commissioners discussed Neighborhood Commercial:
1. the offsets for the second floor from the ground level and setbacks for the upper level. It was mentioned that 2-4 feet would be a good offset for the top floor. Anything less doesn’t provide a contrast. The second floor would be more appealing and user friendly with the setback.
2. the structural concerns of having a second floor and the additional cost. Commissioner Loris felt it would be a cost to consider. Ina commercial area there may be some spans that are too great for wood and may have to go to a steel member or girder truss system which would cost more. But with offsets of 2-4 feet we are not looking at substantial loads.
3. consider having the back of the buildings in neighborhood Commercial to be architecturally designed, instead of a straight wall because the equipment is stored in the back of the building.
4. consider screening requirements for mechanical system. Screening is required in the Zoning ordinance for ground equipment but screening on the top of the roof at Red Mountain Market was an afterthought. Noise can be a problem depending on the use.
The Commissioners had a lengthy discussion on the Commercial Resort and Resort Mixed Use Village (RMU Village).
Vice Chair Murphy asked them to discuss the use differences for the two zones and what is envisioned for the two zones.
Commissioner Benson referred to the Commercial Resort description and asked if this zone is intended to be more restrictive or less restrictive than Community Commercial or Neighborhood Commercial.
Commissioner Scott thought it referred to resort/entertainment type of use.
Commissioner Benson stated that that the definition says attract visitors from the outside area. It seems to be more restrictive. We would want the uses that bring people to Ivins such as restaurants, theaters, artistic outlets, lodging, indoor/outdoor activities opportunities, etc. For example, automotive self service doesn’t attract people. If these criteria are used, it could take out a lot of uses and force property owners zoned that way to have very limited uses. He wasn’t sure if a service station should be an allowed use in the resorts.
Commissioner Loris felt that a service station could be a supporting use for recreation and recreational vehicles. The Fitness Ridge had the option to allow a service center but decided against it. This use might be better suited in Community Commercial.
Kevin Rudd read the current definitions for the Community Commercial, Neighborhood Commercial and Controlled Business zones. The differences would be found in the use charts. Resorts are allowed in Community Commercial or Commercial Resort zones.
Commissioner Benson and Commissioner Loris felt that a service station would be more appropriate in Community Commercial rather than Commercial Resort.
Vice Chair Murphy commented that a lot of times those two uses go together. She mentioned that we have a Resort Mixed Use zone and there is a Commercial Resort zone on Highway 91 that might make more sense to have that use.
Commissioner Benson reviewed the use chart and inquired about the Commercial Recreation Indoor/Outdoor, grocery stores, convenience stores and minor public utility building.
Kevin Rudd felt that a grocery store would fall under Community Resort Retail Sales and Service. He explained the maximum square footage allowed, the conditional use process and special exception.
The minor public utility building refers to a power company or gas company that would require a utility building, and Commissioner Loris explained it could be an irrigation injection line that requires a 10x10 masonry building on a small piece of land.
Vice Chair Murphy asked if the zones differ enough to have different uses in each zone other than a residential component in Resort Mixed Use. She asked if there could be an overlay or something.
Kevin Rudd explained that the current ordinance allows mixed use. The commercial zone and the residential zone can be mixed together. Gould/Evans recommended mandatory residential components within the zones and some was required to be second story. The differences in Commercial Resort and Resort Mixed Use were the residential components.
Commissioner Scott asked if the RMU Village concept could be achieved within the Commercial Resort zone by having the overlay. Is it difficult or costly to achieve? He also asked why there is a designation for the RMU Village.
Kevin Rudd stated that under the current Zoning Ordinance the mixed use can be achieved. The Site Plan and the Zone Change applications can run concurrently during a public hearing rather than having two separate public hearings.
Gould/Evans spent a lot of time reviewing the area and reading the General Plan. At that time Shan Gubler had been working on a village concept on the parcel across from The Reserve of Entrada. Also, at the roundabout on Center Street Gould/Evans submitted a concept plan for the City Hall and Recreational Center to go on the ten (10) acres owned by the City. The Veterans facility is now going to be on the ten (10) acres. That concept has changed since the City no longer owns the land. Those are a couple reasons why Gould/Evans had those designations.
Commissioner Benson asked if the intent of the Village concept was to encourage the mixed use.
Kevin Rudd felt that it was to encourage mixed use in the Village, and Gould/Evans’ recommendation required mixed use in the RMU Village. The name itself implies it but the Commercial Resort does not.
Vice Chair Murphy asked if it has the same uses as Commercial Resort, couldn’t we use the Commercial Resort definition in the Resort Mixed Use zone and add the residential component and not have this confusing definition.
Dale Coulam stated if the Commission wants to make the residential component mandatory, it could justify a different zone even if the uses were the same; one zone requires a certain amount of residential, whereas in the other zone it would be an option. The mixed use overlay could be applied, and there is some incentive to do that because an owner comes up with a mixed use plan that offers a little more flexibility. If the Commission reviews the Resort Village areas and wants a residential component, then determine how much residential or how much residential above the commercial, etc. to allow.
Commissioner Scott stated that it’s the opposite in Neighborhood Commercial; there is the option to do residential on the second level, rather than a requirement. He prefers options more than requirements.
Commissioner Benson gave an example of building a bank in RMU Village. If residential is required, residential would have to be built on top of the building.
Kevin Rudd stated if it is mandatory it would be required.
Commissioner Scott was leaning toward having the Commercial Resort zone and not having the RMU Village zone. This would allow the ability for a developer to come in and do a mixed uses overlay which give more flexibility. There is already commercial within the RMU Village with the Red Mountain Spa and Tuacahn and it would fit with housing as well. Residential wouldn’t be excluded but it wouldn’t be required. That’s his preference and if it’s everyone’s preference, how would we do that because the General Plan defines the RMU Village zone. Are we stuck with it?
Vice Chair Murphy felt the Commission could make a recommendation to Council that the RMU Village become Commercial Resort.
Dale Coulam advised that the Commission could make it part of their recommendation to the City Council that it’s the Commission’s preference that the Land Use Plan be changed to make it one Commercial Resort use. The City Council may go with it and ask the Commission to hold a public hearing on the Land Use Plan change. But they may reject the recommendation and move forward and define two separate zones.
Commissioner Benson felt there are some tough choices when it comes to the properties west of Snow Canyon Drive. If I’m a property owner and already have Resort Commercial zoning and it is changed to RMU Village, it changes the uses on that property. He was concerned about making those two parcels designated as RMU Village and requiring the residential component.
Kevin Rudd commented that the two parcels on the west side appear to be two parcels but it’s under one ownership and divided by a wash. In theory they could do a bank on the corner and on the other side of the wash there could be residential. However, on the east side the parcel is much smaller (owned by Ron Densley) that could have the scenario of having a bank or retail stores but it would be tougher to build residential. A recommendation could be made to change those two parcels to non required mixed use.
Commissioner Benson stated that the two parcels on Center Street and Snow Canyon are currently zoned Commercial Resort and he suggested leaving them out of RMU Village designation.
Vice Chair Murphy felt there was a lot of residential around those properties also. She didn’t see much difference.
Kevin Rudd advised that if the property is not required to develop residential component, the owner could still do a mixed use overlay. It gives them an option instead of requiring it.
Vice Chair Murphy asked if everyone was leaning toward one Commercial Resort zone and not having two zones.
The Commissioners agreed but with the option of having residential and mixed use overlay which is already in the current zoning.
Kevin Rudd advised that on the current Land Use Plan there are three resort zones: Commercial Resort, RMU Village and RMU Town Center. The current zoning for the Town Center is Community Commercial (C-1). The differences in the Town Center and the Village are that the vision was that the corner at 200 East and Center would become the town center with a city hall and recreational center being built. The future use for the current City Hall would be turned over to the Safety Department after building another City Hall. But that has changed.
Commissioner Loris stated that the area designated as Town Center is a mixed use commercial with potentially a medical part because there will be the VA Hospital and across the street is the Snow Canyon Medical. It’s really a push for a medical center rather than a Town Center. There could be a recommendation to the Council that it be changed.
Kevin Rudd advised that the current zoning would allow rest homes, clinics, etc.
Vice Chair Murphy mentioned that a lot of that land is zoned RE-43. Could someone come in and put houses in the RMU Town Center?
Kevin Rudd stated they could do a one acre subdivision but it’s highly unlikely but the risk is still there. Existing zoning governs Land Use at any time. If the Commission wants to see something different, the zoning needs to be changed. The total Town Center acres are approximately eighty (80) acres. On this parcel if the Commission makes residential optional, there is the potential that the total acreage could end up all commercial if the developer did not want to do residential. The question is does the Commission want to see a mixed residential.
Vice Chair Murphy felt that it should be mixed with commercial and a residential component. The vision that the City had originally is still a good idea.
Kevin Rudd felt that it made sense because it would allow this body and the Council to create a buffer for the existing residential and commercial. There is a concern for someone wanting to come in and developing it residential or with apartments because commercial is not ready to come. If it was high density residential, it could develop within the next few years but requiring the mixed use would delay that type of development.
They discussed whether they should combine the RMU Village and RMU Town Center into one zone and call it the Mixed Use Zone and pick and choose where those should be located.
Kevin Rudd mentioned that Alan Layton owns property up by Tuacahn that is currently zoned Commercial Resort, and he is looking at a mixed use project. Also, Red Mountain Spa has a Conceptual Plan and looking to building out the rest of their project which is also mixed use.
They also discussed the zoning on the Red Mountain Spa property and Alan Layton’s 40 acre parcel on the south side of Center Street.
He referred to the properties zoned Commercial Resort on Highway 91 and 600 West and Alan Layton’s property near Tuacahn and asked them if they wanted a mandatory residential component on those parcels. The consensus was that they did not want to designate those as mandatory. Kevin felt that there could be two resort zones. He asked if they needed to break down the mandatory components for the RMU Town Center and RMU Village. Are there enough differences for a third zone which the Land Use Plan has designated?
Commissioner Loris did not see a difference between the RMU Village and the RMU Town Center if it has the same uses with partial residential and commercial.
Commissioner Benson suggested creating a zone called Resort Mixed Use and drop off the Village and Town Center and that mixed zone requires the residential component in those two locations.
Kevin Rudd commented that one difference in the Village was that any kind of residential use such as apartments, single family, etc. is allowed but in the Town Center does the Commission want the same in the Town Center.
Commissioner Benson wasn’t in favor of apartments located in the Village off Snow Canyon Parkway. Apartments are not something he wanted to see on prime property coming into the City. The Land Use Plan says low density residential on the RMU Village. It’s not designated as high density residential.
Vice Chair Murphy felt that if they did have a Resort Mixed Use zone they could limit the density of the residential component.
Kevin Rudd advised that they could say that it has to have a minimal amount of medium residential and then allow a small percentage of high density. Also, would they want to allow some single family lots?
The consensus was that they would like to allow some single family lots in both zones.
Commissioner Murphy noted that Gould/Evans recommended the following:
Resort Mixed Use (RMU) Town Center a mandatory residential ratio was 25% total acreage medium or high density residential use and 75% commercial or public and minimum residential/commercial at 25% for commercial uses.
Resort Mixed Used (RMU) was 25%-50% total acreage medium or high density residential use; 50-75% commercial or other non residential, minimal residential to commercial at 25%.
RMU Town Center permitted uses were retail, commercial, office, public recreation, medium density residential, lodging, restaurant, dining.
Resort Mixed Use permitted uses was commercial retail, commercial office, recreation spa, small convention assembly (this is different) but everything else is the same. The two designations were closed to begin with.
Commissioner Loris noted that the difference is the percentage of residential uses.
If the Commissioners recommended one zone instead of two zones, Vice Chair Murphy and Commissioner Scott would lean toward the 25% percent residential and 75% commercial.
Commissioner Loris asked if there was an open space element such as a park, etc. or is open space required within the commercial application.
Kevin Rudd explained that there is but a large portion is not required.
They discussed the parcels currently zoned as Resort Commercial such as Red Mountain Spa, parcel on south side of Highway 91 (Alan Layton’s property), and Snow Canyon Drive (Entrada Group property). These parcels would probably be more of a mass development rather than segments of the parcels.
Commissioner Loris commented that if they are looking at more of a large development in those areas the City could acquire open space or park in order to accommodate the green in the area and the beautification of Ivins rather than a mass of commercial and residential.
Kevin Rudd noted that a lot of the land off Snow Canyon Parkway is lava and is sensitive lands which forces a developer to protect the land. It will probably be low density.
Commissioner Murphy summarized the discussion by the Commissioners. The Commissioners were okay with the designations on the Land Use Map for Commercial Resort and the current uses for Resort Commercial. The Commissioners discussed having one Resort Mixed Use zone. The Land Use Plan currently says Resort Mixed Use Village and Resort Mixed Use Town Center but those designations would be called Resort Mixed Use. The Resort Mixed Use zone would have a mandatory residential component (the percentage has not been determined).
At the next meeting, the Commissioners will discuss Commercial Professional and Research and Commercial Light Manufacturing designations.
Commissioner Benson asked about the Industrial and Controlled Business zones.
Kevin Rudd felt that the Controlled Business zone would be abandoned.
Storages units are located in the Light Industrial areas and sexual orientation businesses would be located in the Industrial zone. The Kayenta storage units are zoned C-1 with a mixed use overlay and is multiple family. Storage units are no long allowed use in Ivins.