CHAIRMAN AND COMMISSIONERS:   The meeting was called to order at 05:30 p.m. All present included Commissioner Todd Benson, Commissioner Jeffrey Loris, and Commissioner Adel Murphy.

STAFF: City Manager Judy Gubler, City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, and Deputy City Recorder Martha Wilson.
AUDIENCE:  Lisa Rutherford, David Hunt, Lance Anderson, John Reed and Mayor Chris Hart.

A.	Acknowledgement of Quorum

Vice Chair Murphy acknowledged there was a quorum. Commissioner Scott was excused.

B.	Flag Salute

Commissioner Loris led the Flag Salute.

C.	Invocation

Commissioner Benson led the Invocation.

D.	Disclosures

There were no conflicts of interest or disclosures on these agenda items.

Vice Chair Murphy asked for a motion to move agenda Item 5B before the Reports and Presentations.

MOTION: Commissioner Todd Benson moved to amend the agenda and move agenda Item 5B ahead in order to elect a Chair and Vice Chair for the Planning Commission for 2012.
SECOND: Commissioner Jeffrey Loris

VOTE: The motion carried unanimously.

Commissioner Todd Benson	AYE
Commissioner Jeffrey Loris	AYE
Commissioner Adel Murphy	AYE
Commissioner Mike Scott	ABSENT

5B.	Elect a Chair and Vice Chair for the Planning Commission meetings for 2012

MOTION: Commissioner Todd Benson moved to nominate Commissioner Murphy as Chair and Commissioner Scott as Vice Chair for 2012.
SECOND: Commissioner Jeffrey Loris

VOTE: The motion carried unanimously.

Commissioner Todd Benson	AYE
Commissioner Jeffrey Loris	AYE
Commissioner Adel Murphy	AYE
Commissioner Mike Scott	ABSENT

A.	Public Hearing on a Proposed Zone Change from C-1 (Community Commercial) to RE-12.5 (Residential Estates District - Min. lot size 12,500 sq. ft.) located at 175 West 100 South.  Mary S. Jones Tueller, owner and Josh Fluckiger, applicant

Kevin Rudd reported that the lot is located at 100 S 175 W. The lot faces north and is on the south side of 100 South. It is an old township lot adjacent to Troy’s Custom Body and Paint. Troy’s business is located on the corner of 100 South and 200 West. This lot has the same zoning as Troy’s which is C-1 (Community Commercial). There is a single family dwelling and an accessory building on the parcel. The home was built approximately in 1990. This property has never been used as a C-1 use and there has been no Conditional Use Permits for commercial on this parcel. The property is for sale and the owner and the perspective buyer are requesting the zoning be changed back to residential zoning. The current C-1 zoning causes the existing home and accessory building to be classified as a legal nonconforming structure. The residential use could continue but they could not expand the use such as adding an addition, garages, etc.  The current Land Use Plan shows a bubble of Neighborhood Commercial in this area. The Land Use Plan is not necessarily tied to specific property lines and does not require that this property be within that commercial bubble. The C-1 zoning on this property does not reflect a Neighborhood Commercial use and could result in commercial uses unintended for this area. Staff is not making a recommendation on zone change but it seems to make sense to allow this property to be rezoned back to residential and let growth dictate the need for Neighborhood Commercial Zoning as allowed by the Land Use Plan. If the future property owners want to change it back to Neighborhood Commercial and comply with the Land Use Plan, it could be done. There is property on the City’s main corridors that the City would want to protect for future commercial development which is good planning but changing the zoning on this property would not be a negative impact.
Commissioner Benson asked if the designation on the Land Use Plan came first or was the Land Use Plan developed around Troy’s Custom Body Shop.
Kevin Rudd stated that Troy’s property was originally a furniture store. Then Troy Nelson started the auto body business and it predated the Land Use Plan. Technically, Troy’s Custom Body and Paint is a legal nonconforming use. The City does not have a zone where that use is currently allowed.
Chair Murphy opened the Public Hearing.
Josh Fluckiger, applicant, advised that he and his family are looking to buy the residence. There are some things that need to be done to the property in order to get the sale to go through that are not allowed unless the zoning is changed.
Chair Murphy closed the Public Hearing after no further response.

B.	Consider a recommendation on a Proposed Zone Change from C-1 (Community Commercial) to RE-12.5 (Residential Estates District - Min. lot size 12,500 sq. ft.) located at 175 West 100 South.  Mary S. Jones Tueller, owner and Josh Fluckiger, applicant

Commissioner Benson did not see that this property was going to be the pocket of Community Commercial that defines Ivins. He did not have a problem with the zone change.
Commissioner Loris agreed with Commissioner Benson. The property has been established as residential neighborhood. The only property being used as commercial is Troy’s. One half of Troy’s lot is residential where he previously resided and the other portion is Troy’s Custom Body and Paint. If it was a commercial area, a little more land would be required to have a defining commercial area. Troy’s property is a little more than a one acre lot. It makes sense to change it to residential.
Chair Murphy mentioned that Troy’s property is now a little less than an acre since some of his property was split into residential. She was in agreement with the other commissioners and didn’t see the need to leave it as commercial. It doesn’t fit with the Neighborhood Commercial pockets that the City is trying to do.

MOTION: Commissioner Jeffrey Loris moved to recommend a Proposed Zone Change from C-1 (Community Commercial) to RE-12.5 (Residential Estates District - Min. lot size 12,500 sq. ft.) located at 175 West 100 South.  Mary S. Jones Tueller, owner and Josh Fluckiger, applicant
SECOND: Commissioner Todd Benson

VOTE: The motion carried unanimously.

Commissioner Todd Benson	AYE
Commissioner Jeffrey Loris	AYE
Commissioner Adel Murphy	AYE
Commissioner Mike Scott	ABSENT

C.	Public Hearing on a Preliminary Plan for Ivins View II Subdivision located on the southwest corner of Main Street and 400 South.  Eric Larsen, owner and Doyle Johnson, applicant

Kevin Rudd reported that this subdivision was originally approved as a four (4) lot subdivision. Then the economy declined and the property went into bank foreclosure. The subdivision plan was never recorded. Eric Larsen is the new owner of this parcel and the owner of Lot #3 of Ivins View Subdivision which recently did a lot line adjustment to include part of this parcel into Lot #3. The Technical Review Committee (TRC) reviewed the plan and felt it was a better plan than the previous plan because the other plan included a flag lot. Having all three lots front public roads is always a more desirable layout. All the lots comply with the zoning which is R-1-10 (Residential estates, 10,000 min sq ft). The TRC recommends approval.
Chair Murphy opened the Public Hearing and with no response closed the Public Hearing. 

D.	Consider a recommendation on a Preliminary Plan for Ivins View II Subdivision located on the southwest corner of Main Street and 400 South.  Eric Larsen, owner and Doyle Johnson, applicant

Commissioner Loris liked the fact that the owner kept the lots large (10,000 sq ft plus). Recently, several citizens came forward, who live north of that area, in regards to the Color Country Community Housing’s plan. The citizens were requesting larger lots in that plan. He was in favor of the plan.
Commissioner Benson felt the plan was an improvement over what was proposed previously. He had no problem with the plan.
Chair Murphy agreed and was in favor of the plan.

MOTION: Commissioner Todd Benson moved to recommend approval of a Preliminary Plan for Ivins View II Subdivision located on the southwest corner of Main Street and 400 South. Eric Larsen, owner and Doyle Johnson, applicant
SECOND: Commissioner Jeffrey Loris

VOTE: The motion carried unanimously.

Commissioner Todd Benson	AYE
Commissioner Jeffrey Loris	AYE
Commissioner Adel Murphy	AYE
Commissioner Mike Scott	ABSENT

A.	Continue discussion of the Ivins City Zoning Ordinance and review of Chapter 19, Design Guidelines

Chair Murphy asked the Commissioners if anyone had an issue about tabling this agenda item since they do not have the lead person available and all the information in a format that can be discussed.
The other Commissioners did not have an objection about tabling the issue.

MOTION: Commissioner Jeffrey Loris moved to table the discussion of the Ivins City Zoning Ordinance and review of Chapter 19, Design Guidelines to another date.
SECOND: Commissioner Todd Benson

VOTE: The motion carried unanimously.

Commissioner Todd Benson	AYE
Commissioner Jeffrey Loris	AYE
Commissioner Adel Murphy	AYE
Commissioner Mike Scott	ABSENT

C.	Consider approval of the Ivins City Planning Commission minutes for March 13, 2012

MOTION: Commissioner Jeffrey Loris moved to approve the Ivins City Planning Commission minutes for March 13, 2012
SECOND: Commissioner Todd Benson

VOTE: The motion carried unanimously.

Commissioner Todd Benson	AYE
Commissioner Jeffrey Loris	AYE
Commissioner Adel Murphy	AYE
Commissioner Mike Scott	ABSENT

A.	Planning Commission (None)

B.	Chairman (None)

C.	Building & Zoning Administrator, Kevin Rudd

Kevin Rudd reported that the Sensitive Lands Committee met today, and the committee is continuing the review of the Sensitive Lands Committee Ordinance. The committee will have a report within the next couple of months. The committee will have some recommended changes to the ordinance for this body to review. 

D.	City Attorney, Dale Coulam (None)

E.	Items to be placed on future agendas 1. Continue discussion of the Ivins Zoning Ordinance and review of Chapter 19, Design Guidelines 2. Discuss "Fourteen ways to build a better Commission"

MOTION: Commissioner Todd Benson moved to adjourn
SECOND: Commissioner Jeffrey Loris

VOTE: The motion carried unanimously.

Commissioner Todd Benson	AYE
Commissioner Jeffrey Loris	AYE
Commissioner Adel Murphy	AYE
Commissioner Mike Scott	ABSENT

The meeting adjourned at 5:47 P.M.
 
Respectfully submitted,


Martha S. Wilson, CMC
Deputy City Recorder