The Commissioners reviewed the draft form of Chapter 19 (a copy is available at Ivins City offices).
Commissioner Benson explained that the mechanical equipment screening drawing was discussed at the last meeting but the Commissioners considered it to be a downhill drawing. The concern was if the mechanical units are on the uphill side, the units should be situated as close to the parapets as possible to help the screening. If the units are in the middle of the roof, additional parapets may be required for screening. A revised drawing was distributed (a copy is available at Ivins City offices), and he asked if it clarified what the Commissioners had previously discussed.
Chair Murphy read the text, "In the case of roof mounted equipment, grouping of the mechanical equipment toward the uphill parapet is encouraged; otherwise, additional parapets may be required."
Commissioner Benson stated if it is put on the downhill side, the back side would be visible from the uphill side. By pushing it to the uphill side, screening would be better and would not be seen from the downhill side. By tucking the mechanical equipment as close to the parapet as possible, the screening would be more successful. If the equipment is in the middle of the roof, additional parapets may be required.
Commissioner Loris noted that the text also states, "Above six feet (6’) it shall be to a minimum of six inches (6") above the mechanical equipment which is illustrated in the revised drawing under "Down Hill."
Commissioner Benson asked if the six inches (6") should be repeated on the other small parapet drawings, and on the "Down Hill" side illustration, does there need to be a parapet on the interior side of the roof?
Commissioner Scott noted that the text as written indicates if it is not on the uphill side additional parapets may be required. After further discussion, he suggested adding a parapet in the illustration on the right side of the equipment.
Under Section 16.19.103 (f), it was suggested to combine the text and drawing for the Ground Level Mechanical Screening and combine the text and drawing for Roof Mounted Mechanical Equipment. Also, move the last sentence in Item (f) to Ground Level Mechanical Screening: "If located on or adjacent to a building wall, the color of all mechanical and communications equipment shall blend with the color and design details of the building.
Dale Coulam advised that a final draft of Chapter 19 will be submitted for review before it goes to a public hearing. Included in this draft is the definition for commercial districts which is located in Section 3. Also, the Table of Uses will be attached as an exhibit.
Commercial Neighborhood:
Chair Murphy noted that as per previous minutes, all the current uses were retained and residential units above commercial businesses were added. Also the following definition was discussed: "One or more residential units on the second floor above the ground floor commercial space for residential use only. There’s no minimum allowed or maximum required number of units. However, the residential floor area will have setbacks from the ground floor area and the total second floor space will not exceed ___ percent of the ground floor area." The percentage of the ground floor and setbacks need to be determined.
The Commissioners commented on the following:
1. Definition: Discussed definition for Commercial Neighborhood (CN) zone and not allowed in Community Commercial, Industrial or Light Manufacturing but it was discussed if it should be allowed in Resort Commercial.
2. Setbacks for second floor: Four feet (4’) was determined to be a good offset but two feet (2’) was not enough of a setback. Discussed having setbacks on all four sides. This would allow the developer to be creative with a balcony on all four sides and it would serve the purpose and eliminate the look of a two-story wall on any side. It would activate the space, soften the building and be in line with the height restrictions.
3. Second Floor Walls: The back side of the walls should not be publicly visible from the right-of-way.
4. Roof Design: Should it have a pitched roof that has a setback inside similar to a Tuscan style? It was mentioned that a commercial building could have flat roofs. They discussed how the setbacks would look on flat roofs.
5. Percentage of Second Floor: Discussed what percentage of the building should be used for residential using Red Mountain Market as an example and being a 50’x50’ building with four foot (4’) setbacks all around the building. It was noted that the City does not have large CN lots where large buildings could be built. It was suggested to allow an option to have four feet (4’) on all sides or reduce square footage to 75% for the second floor. However, a 50’x50’ building is small for commercial buildings so they discussed the visual effects using the Red Mountain Market as an example based on a 50’x100’ building. One main concern was avoiding two-story walls.
The purpose is to give the CN zone an option to add additional space. If the structure is too small on the ground floor to make the second floor practical, they could not use the options mentioned. They discussed whether it should be based on the number of units, what demographics should it be based upon such as college student housing, residents living downtown having access to the shops, or just limit the space to an owner of the business or relative. The new urbanism is trying to echo back to that type of space living above the shops. However, there is not a huge draw for apartments in the CN zone in Ivins.
The consensus was that the demographic should be geared toward the owner above the business. It was felt it would be simpler to limit the second floor to square footage and it was suggested 800 to 1200 square feet. It was also mentioned that in today’s market financing could be difficult for heavily weighted commercial with a multi family component above a structure. The preference from a lender’s standpoint would be a predominance of commercial or multi family.
The Commissioners reviewed the Zoning Map and Land Use Map for the locations of CN zones and realized that the parcel locations are small. In reviewing the Table of Uses for retail/services under this zone it allows a total gross floor area not to exceed more than 6,000 square feet of gross building area. There is a limitation of what the building can be under CN zone. The language in the Table of Uses may not have anticipated a second floor when it was written. This language could be changed to "footprint" if a second floor is added to residential. After discussing several examples, the Commissioners were not sure that they wanted to allow 6,000 square foot buildings with a second floor.
Dale Coulam commented the ordinance could be defined as a number of units or size.
Chair Murphy stated they should gear the second floor to the owner and require four foot (4’) setbacks on all sides to eliminate the stacking look and if the second floor is for them, it could be one large unit.
Commissioner Benson suggested allowing one or two units. Two units is not going to represent rowdy families causing problems for the neighbors, gives them the flexibility for family members or an option with someone partnering with them in the business.
Commissioner Scott was in favor of one or two units but was concerned about requiring it to be owner/occupied and the enforcement.
Chair Murphy stated that if they limit it to one or two units it wouldn’t be disruptive if there were tenants and wouldn’t be necessary to state owner/occupied.
The following language was suggested:
"One or two residential units on the second floor above ground floor commercial space for residential use only. The residential floor area will have a minimum of four foot (4’) setback on all sides from the ground floor footprint."
Art Studio Current Definition: "A building or workshop area of an artist, sculptor, photographer, or similar arts professional, and which may include an area for the display of sale of paintings, sculpture, photography, or similar works of art."
Chair Murphy explained that the previous Chairman, John Reed, had questions about art studio and art workshops. Art Studio is classified in Commercial Neighborhood (CN).
Commissioner Scott asked: What do we mean by an art studio, how many people would be working in the shop, is it for the owner’s art or selling other people’s art? It was previously discussed whether an artist could have an assistant/secretary, someone doing digital work or a sales person. The question is what kind of limits should there be. The definition seems to be for an individual. The use is a Class IV in all zones. This use could be located in a fairly large building. Should the definition be expanded to allow more than a single individual? If the studio is in a larger building that’s zoned commercial, does it need to be defined?
Commissioner Loris asked if art workshop meant light manufacturing with multi people doing assembling. He mentioned that Light Manufacturing zones are already defined.
Commissioner Benson stated that the term previously discussed was mass production. They were not concerned about someone doing books or answering the telephone but we were trying to avoid mass production.
Commissioner Scott asked how that would affect a photographer who makes 1,000 pictures and sells them.
Commissioner Benson stated that a photographer would not hire twenty people to come in and create pictures.
Commissioner Loris stated that the language refers to a singular person. He considered it Light Manufacturing if it was more than one.
Commissioner Benson suggested adding the word "single" in the definition, "A building or workshop area of a single artist."
Commissioner Scott stated that the other issue was noise. He asked if the City had regulations against noise.
Dale Coulam advised that the City does not have specific regulations on noise unless it falls under disturbing the peace, etc. Decibel levels are not specified.
Commissioner Scott asked why they should try to address it if it’s already been determined that it’s an undefinable item. This would be the same with fumes/odors.
Dale Coulam commented that code enforcement refers to noxious fumes but it’s not specifically defined. If it is interfering with somebody’s personal property rights, there is a personal civil action that they could take but the City would be more concerned with flammable, combustible fumes, poisonous, etc. The City looks at it from a health/safety standpoint.
Commissioner Loris commented that Light Manufacturing limits the size of the building. An artist could be in their home but a shop could be enormous and still be called an art studio with one person that could create noise, fumes, etc. Should there be a restriction on the size of an art studio?
Commissioner Scott suggested it could be controlled by zones.
Chair Murphy wasn’t sure it should be limited to one artist. In the previous minutes, some comments were: "If use is limited to one artist employment is not permitted." What if someone is needed to answer the phone or do the books? That cannot be done if additional employment is not permitted. It was discussed that there cannot be mass production of art but in Kayenta there’s an individual that takes pictures and stretches them on canvass which is a type of mass production. We don’t want to hold a sweatshop rolling out paintings but should it be limited to one artist in a studio. Three people may want to take turns coming in and working on art at different times of the day.
Commissioner Scott submitted the following two definitions: (1) An art studio for Commercial Neighborhood, a building or workshop area for artists, their assistants and staff which includes an area open to the public for the display and sale of works of art produced on the premises. Processes utilized may not create smoke fumes, noise, and nuisance or health safety hazards outside the building.
(2) Art workshop will be in all commercial zones except Commercial Neighborhood. Building or workshop area for artists, assistants and staff which may include an area open to the public for the display and sale of works of art produced on the premises. Processes utilized may not create smoke fumes, noise, and nuisance or health safety hazards outside the building. This does not require a retail operation.
Commissioner Benson suggested adding: "This could also include mass production of art" to definition (2) Art workshop. The second definition could be more of a commercial workshop rather than a residential workshop.
Chair Murphy suggested language as follows for the Commercial Neighborhood: "which shall include an area open to the public" and leave "may include an area open to the public" in the Commercial definition. Also, incorporate part of the existing definition to include sculptor, photographer, or similar arts professionals, etc.
Commissioner Scott will incorporate the comments and submit a revised definition. The consensus of the Commissioners was that they liked having the two definitions.
There were no further changes in Commercial Neighborhood. The other definitions will remain the same.
Community Commercial
Commissioner Scott commented that during previous discussions they did not change any of the uses for Community Commercial but residents above commercial was excluded because it only applies to Commercial Neighborhood. There were no changes to this definition.
Commercial - Resort/ Resort Mixed Use - Village/ Resort Mixed Use - Town Center
The Commissioners previously discussed consolidating the Resort Mixed Use - Village (RMU Village) and Resort Mixed Use - Town Center (RMU Town Center) into one zone called Resort Mixed Use (RMU).
Commissioner Scott read the definition for Commercial - Resort and commented that this district is intended to have commercial resort type activities, have lodging but does not have typical residential. He read the Resort Mixed Use Definition: "The district is intended to assure a mix of pedestrian sensitive and neighboring property sensitive uses such as commercial, governmental, and community service uses as well as hotels, offices, restaurants, artistic outlets, indoor recreational opportunities, plus a residential component of 25% shall be required as part of mixed-use environment as separate structures as well as on and above the second story of commercial buildings."
This definition would replace the definitions for RMU Village and RMU Town Center. The only place residential would be allowed is above businesses is in CN and RMU zones.
Commissioner Benson commented that the RMU definition states that residential structures could be separate structure as well as above second story of commercial buildings. Is that the intent?
Chair Murphy stated, yes, because the original RMU Town Center was always intended to be mixed with commercial, residential, etc. and now it includes the Veterans Home. The RMU Village is the area across from The Reserve Subdivision. The developer for that area wanted to put in specific types of businesses and that’s why there are two types of zones. Since then the Town Center zone has changed, and the zone definition was changed to Resort Mixed Use with a mandatory residential component.
Commissioner Scott stated they discussed the residential component being designed as a buffer to adjoining uses rather than having the resort or commercial uses abut adjoining property which in some cases are already residential or could be.
Commissioner Benson envisioned mixed use as a residential component as part of a commercial building not a 100 unit apartment complex in the corner to qualify for the 25% residential and then do whatever they want in the middle with commercial.
Chair Murphy stated the vision was part of the whole plan. It should be mixed use but not divided by road.
Dale Coulam explained that recently concepts have been presented by Red Mountain Resort and Fitness Ridge/Biggest Loser with townhome type units that people could own, use in a rental pool or live in year round but it’s still part of the resort. There could be a blend of these that are similar to townhomes but also residential could be put above the business.
Commissioner Scott asked about the lodging component proposed by Fitness Ridge. If there are separate townhomes in a rental pool, what are the tax implications for the City?
Dale Coulam explained that a transient room tax would be required. The debate would be impact fees versus transient room taxes.
Commissioner Scott asked if the City would be willing to waive the impact fees because the City would get transient taxes.
Dale Coulam stated, the question is do they have the same impact on the community and existing owners. What is envisioned here is a blend and there needs to be some type of accounting of how many units. To simply waive the impact fee is not the answer because all of them will not be in the rental pool. If so, create it as hotel lodging. The current resorts are looking for flexibility. Future resorts may not fit in the Commercial Resort zone. The plan may come in with a neighborhood feel with some rentals, high density, shops and restaurants which may not fit in Commercial Resort.
Commissioner Scott felt the RMU gives the flexibility but it requires a residential component. Then it’s a question of how we require a residential component. Should it only be above some of the commercial or adjacent to it?
Dale Coulam advised that the concepts received have been adjacent to the commercial with separate structures.
Commissioner Benson suggested having the structures mingled within instead of all in one group.
Commissioner Scott suggested the following definition: "A residential component of 25% shall be required as an integral part of a mixed use environment as well as above commercial building." What does 25% mean?
The Commissioners discussed whether the 25% referred to the land or building mass.
Chair Murphy stated that the twenty-five percent (25%) refers to the land.
Commissioner Loris suggested the twenty-five percent (25%) refers to the total building mass for the resort and the total building area produced is 25% of the building area that has to be residential.
Chair Murphy read Gould/Evans recommendation for Resort Mixed Use Town Center Use: "Commercial retail, commercial office, public recreation, medium density residential, lodging, restaurant and dining. Mandatory residential ratio: 25% total acreage, medium or high density residential use, 75% commercial or public, minimum residential over commercial at 25% of commercial uses." Gould/Evans was referring to acreage and the concept was the entire campus, etc. Placing residential in one area may not be a bad thing depending on what it looks like. It could be a buffer. The Veteran’s facility is located in the RMU Town Center.
Gould/Evans recommendation for Resort Mixed Use Resort: "25% to 50% total acreage, medium or high density residential use, and 50% to 75% commercial, minimum residential over commercial at 25%." Red Mountain, Red Mountain Spa and across from the Reserve is where the land is located.
After some discussion the Commissioners suggested the percentage of residential component to be 25%-30% of the total land area shall be required.
Commission Benson and Loris thought that the language "as well as" in the definition refers to having separate building structures for residential and separate structures for residential above commercial buildings. This language forces it to be mixed use.
Commissioner Scott also noted that the definition doesn’t say how much residential above commercial.
Commissioner Loris mentioned that Gould/Evans required a minimum of 25% residential above commercial.
Dale Coulam advised that the definition was for a town center concept. Should there be an incentive by saying that it counts toward the acreage/square footage requirement if residential is put above a commercial building.
Chair Murphy asked how much of a percentage above commercial should it be.
Commissioner Scott stated from a developers standpoint having separate structures would be simpler and easier to finance but from an urban planning standpoint are we trying to get residential on top of commercial. In the CN it is a good idea to walk down stairs to go to work but in a commercial area is it really important to have the residential above the commercial.
Commissioner Benson stated there was a reason why it is called mixed use commercial. This is not regular commercial because we want mixed use, and this was designed to get those two components. He suggested giving half credit to get the residential. Example: 25% of the land has to be residential but if they put some above commercial they get 50% credit toward the 25%.
Chair Murphy thought they wanted more residential in the mixed use area. If a credit is given for putting residential on top of commercial it takes away from the total residential. She felt they should be looking at where the land is located. The location abuts Red Mountain Estates, Copper Canyon, Chancel Cliffs and The Springs subdivisions and then Red Mountain Spa and The Reserve. She believed it was important to hold fast on the amount of residential because it’s in residential area and that is the purpose of the mixed use. Stacking residential gives less residential components and intensifies commercial and heights within residential areas.
Commissioner Benson suggested they wanted the second story and that there should be an incentive if residential is put on the second floor.
Commissioner Scott stated if it is feasible to have a second floor, the developer would be inclined to do it. Give them the ability to do it without a specific requirement, and then the only requirement would be the 25% of the land area has to be residential. But leave an option to put residential on top of commercial but there would not be an incentive.
Commissioner Benson stated there should be an incentive.
The Commissioners discussed some examples on how to calculate an incentive credit. Commissioner Scott will rewrite the definition for Resort Mixed Use and submit some calculations on what percentage would be allowed for an incentive. The Commissioners will review the definition and example at the next meeting.
Chair Murphy stated that the definitions for Commercial Neighborhood, Community Commercial, art studio and workshop and allowing the residents above Commercial Neighborhood are complete. The Commissioners will continue the review of Commercial Resort uses. Now that we have come up with the Resort Mixed Use idea and the percentage, the uses for Resort Mixed Use need to be reviewed at the next meeting. Be prepared to review the definitions and uses of Commercial - Professional & Research zones, Commercial with Light Manufacturing and Industrial uses. Also, sexually oriented business use needs a zone designation. During her final discussion with former Chairman Reed, he mentioned that there is no place in any of the zones for residents to get cars fixed in Ivins. They previously discussed having an overlay zone for that type of business. She asked the Commissioners to consider where this use should be and be prepared to discuss all these issues at the next meeting.