Commissioner Benson submitted drawings for Chapter 19, Figures 19-1 - 19-8 (copies available at Ivins City offices). Figure 19-8 was revised based on last meeting’s discussions. Figure 19-8 Mechanical Equipment Screening now shows the roof plan and where additional parapets may be required. If the group of mechanical equipment units are tucked in close to the uphill side parapets, a second parapet may not be required to hide the equipment but if it is on the downhill side it might require another parapet because the equipment may be visible.
Figure 19-3 will be revised to correct a grammatical error. The other figures were accepted as submitted.
Neighborhood Commercial Zone
Chair Murphy explained that at the last meeting Commissioner Scott agreed to write some language for Neighborhood Commercial (CN) zone, and the Commissioners had a lengthy discussion about allowing residents units above the CN zone.
Commissioner Scott read the definition: "One or two residential units on a second floor, above ground floor commercial space for residential use only. The residential floor area will have a minimum setback on all sides from the ground floor footprint of ____feet."
Chair Murphy and Commissioner Benson indicated that the setback was four feet (4’).
The Planning Commission discussed building permits and occupancy requirements for residential and commercial, flexibility to use space for offices and residential, use of units for inventory storage, problems with twenty-five foot buildings next to residential homes in subdivisions such as Kayenta, purpose of CN, aesthetics in CN, intent to encourage mixed use, where twenty-five (25’) foot commercial building should be allowed/restricted, setbacks, etc.
The consensus was to revise the description to read: "One or two residential units on a second floor, above ground floor commercial space. The residential floor area will have a minimum setback on all sides from the ground floor footprint of four feet (4’)."
Commissioner Scott submitted the following definitions based on previous comments:
Art Studio
(In Commercial Neighborhood only)
"A building or workshop area for artists, sculptors, photographers, or similar arts professionals, and their assistants and staff, which shall include an area open to the public for the display and sale of original works of art made on the premises. Processes utilized may not create smoke fumes, noise, and nuisance or health safety hazards outside the building."
Art Workshop
(In all commercial zones except Commercial Neighborhood)
"A building or workshop areas for artists, sculptors, photographers, or similar arts professionals, and their assistants and staff, which may include an area open to the public for the display and sale of original and/or mass-produced works of art made 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."
The difference is the Art Workshop would allow mass production and may have an area open to the public but not required. Can be more of a factory type operation and allowed in all the commercial zones except Commercial Neighborhood zone.
The consensus was that the Commissioners were okay with the Art Studio/Workshop definitions.
Recap of revisions to the Table of Uses:
Neighborhood Commercial: (as per definition discussed allowing residential units above commercial)
Art Studio definition: (add revised definition to Neighborhood Commercial zone)
Art Workshop definition (add to Community Commercial zone)
Resort Mixed Use: add as new zoning district
Professional: add zoning district
Kevin Rudd will create a new Table of Uses to be reviewed at the next meeting.
Controlled Business Zone (CB)
Kevin Rudd advised that Norm Hansen Storage Units is the only parcel zoned CB. CB is a zone that the City can control. Currently, his business is a legal nonconforming use. Technically, storage units are no longer allowed in the City. This could fall under Light Manufacturing but would not bring him into conformance. Mr. Hansen was originally approved to have light industrial and offices but is restricted because there is not enough parking. When he changed his plans to add more storage, it changed his options to run other businesses because of the parking.
Chair Murphy mentioned that the Land Use Plan shows it as Commercial Neighborhood (CN).
Kevin Rudd explained that CN does not allow storage units. It’s still a legal nonconforming use. There is no zone that would make it a legal use.
Commissioner Anderson disclosed that Norm Hansen was his brother-in-law, and he could see him being frustrated with the issue because originally he was approved for some light manufacturing, etc. Parking depends on the need. If we create a zone now, there would be fewer comments during the public hearing. It probably fits in the C-1 zone.
Kevin Rudd suggested leaving it as CB zone to keep from having issues. No one is going to request that zone. Norm Hansen has six or seven parking places, a live-in manager and another small business that takes up some space. It cannot expand any further.
Dale Coulam explained that legal nonconforming means the business exists the way it is. He explained that the Land Use Plan is a vision. He suggested comparing the uses in the CN zone, he may pick up a use but he would lose some uses such as the contracting business. He suggested leaving it as currently zoned. Adjustments can be made to the columns in the Table of Uses.
The Commissioners agreed to leave the property zoned Controlled Business (CB).
Commercial - Resort
No changes were made to this zone or the uses.
Resort Mixed Use - Village and Resort Mixed Use - Town Center
These designations were combined into one zone as Resort Mixed Use.
Resort Mixed Use
Commissioner Scott revised the previous definition as per their discussions and read the following definition:
Resort Mixed Use: "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% to 30% of total land area shall be required as an integral part of a mixed-use environment as separate structures as well as above commercial buildings. Fifty percent (50%) of the residential floor area above commercial buildings shall be applied as a credit to the residential land area requirement. Example: If the land area requirement is 50,000 square feet (sq. ft.) and the residential floor area above commercial is 10,000 sq. ft., the developer may reduce the residential land area to 45,000 sq. ft."
Chair Murphy indicated that the definition needs to be revised based on the fact that there has to be a buffer and has to be single family.
The Planning Commission discussed minimums above commercial, Land Use Plan amendments, buffer requirements, definitions, etc.
Commissioner Scott will revise the definition and send it to Martha Wilson to be distributed to the Commissioners and Staff to receive comments before the next meeting. Any discussions or comments will be included in the public packets for the Open Meeting.