CHAIRMAN AND COMMISSIONERS:
The meeting was called to order at
05:30 p.m. All present included
Chair Adel Murphy,
Commissioner Lance Anderson,
Commissioner Todd Benson,
Commissioner Jeffrey Loris,
and Commissioner Mike Scott.
STAFF: City Manger Judy Gubler, Building and Zoning Administrator Kevin Rudd and Deputy City Recorder Martha Wilson
AUDIENCE: Claudette Larsen and Jason Wheeler
Chair Murphy acknowledged there was a quorum.
Commissioner Scott led the Flag Salute.
Commissioner Benson led the Invocation.
Commissioner Anderson disclosed that he had a conflict on Agenda Item 5A Taviawk Subdivision IX Phase A Final Plat. Chair Murphy and Commissioners Benson, Scott and Loris had no disclosures or conflicts of interest with this meeting’s agenda.
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2) |
REPORTS AND PRESENTATIONS (None) |
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3) |
BUSINESS LICENSES (None) |
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4) |
PUBLIC HEARING AND ACTION ITEMS (None) |
Kevin Rudd reported that the amended Final Plat for Taviawk Subdivision IX Phase A increases Lot #211 along the property line. Because it’s on the edge of the subdivision, we could not do a Lot Line Adjustment. If it were in the subdivision, a Lot Line Adjustment could have been done. The owners are R. T. Marten and other property owners listed on the application. Their signatures on the amendment are the only signatures required by state law to amend the plat. The amendment complies with the ordinance and Staff recommends approval.
Commissioner Benson asked if there was a road proposed along the side of Lot 211 or will the road be moved?
Kevin Rudd stated that there will be a road proposed on one of the phases and that will need to be adjusted but that future phase has not been submitted.
Commissioner Anderson explained that the right-of-way is thirty-eight feet (38’) and the road is twenty-nine feet (29’). The road will stay in the middle but will shift in the right-of-way.
Commissioner Loris asked if the turnout is dedicated to the road.
Commissioner Anderson stated, "Yes." It will still be the road and continue from there.
Kevin Rudd advised that Chuck Gillette reviewed the road amendment and advised that it would not be a problem locating the road in that area.
MOTION: Commissioner Todd Benson moved to approve an Amended Final Plat on Taviawk Subdivision IX Phase A located at 568 West Shinava Drive. Kayenta Development, Inc., applicant
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried unanimously.
| Chair Adel Murphy |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Lance Anderson |
RECUSE |
Kevin Rudd reported that the Commissioners reviewed this plat during the Preliminary Plan stage. It was presented as a Subdivision Enhancement Overlay with a density bonus. This body recommended denial to the City Council on the density bonus and plat. During the City Council Public Hearing and much discussion the City Council felt the park and amenities constituted what the Council felt was a justifiable reason to accept the proposal and density bonus. Staff brings this forward with the recommendation that it does comply with the Preliminary Plan that was approved by the City Council. There is a Development Agreement that is yet to be approved by the City Council. The Development Agreement will cover the amenities and the park details and will be recorded concurrently with the Final Plat. Staff recommends approval conditioned upon approval of the Development Agreement.
Commissioner Anderson asked about the ownership of the streetscape on 400 South.
Kevin Rudd advised that the streetscape and park will be dedicated to the City. Also, there is no Homeowners Association.
Chair Murphy asked about the time frame on completion of the park.
Kevin Rudd advised the detail will be in the Development Agreement.
Commissioner Loris commented that when the Commission originally reviewed the subdivision there were sixteen (16) lots and one of the lots would be the park. It appears there are seventeen (17) lots and two of the lots are allocated as the park. Was this a change by the City Council or has it always been that way?
Kevin Rudd explained that there were two plans presented to the Commission and the Council. One was a conventional subdivision with fourteen (14) lots and then this plan was presented with fifteen (15) lots with the density bonus and park.
Commissioner Scott commented that he reread the minutes of the Commission’s public hearing and discussions, and the minutes from the City Council’s meeting to try to come to an agreement with what the Council decided but he could not. He respects what Color Country is doing and likes everything about the development but we have a scoring system to allow the overlay. The scoring system consists of 4% for a park (open space), 5% for design elements and 10% for unique features. The Commission gave the full 4% and 5% but he could not get there with the 10% for the unique features. It seems to me we all want the park and development but we are ignoring the City’s rules to get it. If I am misunderstanding how to apply the rules, then educate me. Even though I like the development, we cannot change the rules just because we like something. Am I misinformed as to what the rules are and how to apply them? He could not justify 10% for unique features. The people seem to want the park and are willing to give the percentage to get the park. He asked if he had to approve the plat. He asked if he had to approve the Final Plat.
Kevin Rudd stated that the item before us is the approval of the final plat and the Council did approve the density bonus. This approval deals with the Final Plat, not the Preliminary Plan. There needs to be a justifiable reason to turn the Final Plat down because it complies with the Preliminary Plan that the City Council approved.
The first density bonus is based on open space and is very definitive. The other two density bonuses are somewhat ambiguous and based upon interpretation. The Commission’s interpretation was different than the Council.
Chair Murphy revisited the section on density bonus after the Commission’s meeting and after the Council approved the plan. The section on the 10% is not exact. It gives us the leeway and the ability to make a judgment call. It may have been designed to be that way. It’s something to look at and give some flexibility.
MOTION: Commissioner Todd Benson moved to approve a Final Plat on Mojave Estates Subdivision located approximately 300 South Main Street. Color Country Community Housing, Inc., applicant, contingent upon the approval of the Development Agreement with the City Council.
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried.
| Chair Adel Murphy |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Mike Scott |
ABSTAIN |
The Commissioners discussed Chapter 19 and made a few revisions in the following sections:
Site Planning Requirements
1. Site Design and Layout
2. Off Site Parking and Loading
3. Pedestrian Egress
4. View into and through the site
5. Parking Lot Landscaping
6. Water Features
7. Lighting and signage
Building Design Requirements
1. Roof Dominance
2. Diagrams need to be inserted under Wall Variations, Reduced Upper Levels, Roof Dominance, and Reduced Roof Mass
3. Mechanical Equipment
4. Building Materials and Textures
5. Materials for sloping roofs and flat roofs
A copy of the revisions are available at Ivins City offices. Chapter 19 will be revised and submitted to the Commission to review the changes at the next meeting. Commissioner Benson will work on the diagrams that need to be included.
MOTION: Commissioner Lance Anderson moved to approve the Ivins City Planning Commission minutes for April 17, 2012
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried unanimously.
| Chair Adel Murphy |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Mike Scott |
AYE |
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Planning Commission (None) |
Kevin Rudd reported on an article that was in the Spectrum regarding Quail Cove Subdivision. Quail Cove is a conventional subdivision zoned R-1-10. On a conventional subdivision the City regulates setbacks, heights and requires two car garages on the homes. The City does not regulate architecture. The only time that the City gets involved in single family dwellings on architecture is if there is a development agreement and they submit to the City Council for approval what they plan to build.
Commission Loris asked if he was referring to submittals similar to what Color Country submitted recently.
Kevin Rudd stated, "Yes." There is a commitment from them and if they change or vary from the plan, the City could say "no" this is not what was agreed to. But if it is a conventional subdivision, the City does not get involved. Often there are CC&R’s that have restrictive covenants that spell out architecture, etc. but it is a civil issue. If a homeowner builds a home that doesn’t meet the CC&R’s architectural style, the City will issue a building permit. The Architectural Committee or other homeowners can civilly take action against the property owner but the City would not get involved. That is what has happened in Quail Cove. He made it clear to the Spectrum that the homes were not in violation of any of the City ordinances. If the Commissioners talk with people, advise them that the homes are in compliance with City ordinances and it’s between the homeowners association and the property owners.
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City Attorney, Dale Coulam (None) |
1. Continue review of the Ivins City Zoning Ordinance and Chapter 19, Design Guidelines
a. Work on Table of Uses
b. Review revised Chapter 19
c. Discuss setbacks and height restrictions
Discussion:
Kevin Rudd advised that the ordinance gives total flexibility on commercial setbacks unless it abuts a residential zone, and then it has to meet the residential zone setbacks. The current ordinance allows the Commission and the Council to negotiate heights. The standard height is thirty-five feet (35’) maximum in all Commercial zones except Neighborhood Commercial which is twenty-five feet (25’) because it is next to residential. However, under Special Exceptions, Chapter 28 it allows the City Council to grant any height above thirty-five feet (35’) when appropriate. This opens the door for the Council to review commercial on a case by case basis. It’s not a guarantee but the Council can consider higher height.
MOTION: Commissioner Todd Benson moved to adjourn
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried unanimously.
| Chair Adel Murphy |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Mike Scott |
AYE |
The meeting adjourned at 7:31 P.M.
Respectfully submitted,
Martha S. Wilson, CMC
Deputy City Recorder