CHAIRMAN AND COMMISSIONERS: The meeting was called to order at 05:30 p.m. All present included Chair Adel Murphy, Commissioner Lance Anderson, Commissioner Jeffrey Loris, and Commissioner Mike Scott.
Staff: City Manager Dale Coulam, Building & Zoning Administrator Kevin Rudd and Deputy City Recorder Martha Wilson
Audience: Richard A. Bryant, Jim Keeley, Roger Bray, Gayle Bray, Kathy Deaton, Bill Deaton, Trish Greenfield, Denny Ellis, Claudette Larsen, Dan Kendrick, Betty Blank, Rod Rasmussen, Melanie Florence, Grant McFarland and Fletcher Shives
A. Acknowledgement of Quorum Chair Murphy acknowledged that there was a quorum.
B. Flag Salute Commissioner Scott led the Flag Salute.
C. Invocation Commissioner Loris led the Invocation.
D. Disclosures Commissioner Anderson disclosed that he is the applicant for the Zone Change (Items 4. A. and 4. B.). There were no other disclosures or conflicts of interest with this meeting's agenda.
Kevin Rudd reported the Zone Change covers several areas in the City. He asked the Planning Commission to extend the public hearing to December 18, 2012 due to a mistake on the first map that was sent out. A corrected map has been mailed and by extending the public hearing it will give everyone the opportunity to participate.
The proposed Zone Change map was displayed. The first section proposed is near Kayenta Parkway and Coyote Gulch, and the applicant is proposing an RE-15 (Residential Estates minimum lot size 15,000 sq ft) zone for this area. The Land Use Plan has three (3) types of densities: High Density, Medium Density and Low Density residential. RE-15 is the highest density zone in the Low Density Residential category. There are several zones included in Low Density Residential such as RA-20, RA-5, RE-25, RE-20, and RE-17.5.
The next section is near Taviawk Drive and Paiute Drive. Paiute Drive is a private road constructed by Kayenta. These parcels are being proposed as RE-20 (Residential Estates minimum lot size 20,000 sq ft). The Land Use Plan also shows these parcels as Low Density Residential.
The next area proposed is RE-12.5 (Residential Estates minimum 12,500 sq ft). The Land Use Plan shows this as a bubble of High Density. The Kwavasa road will follow along these parcels and connect to Kwavasa Drive. The Land Use Plan shows most of these parcels as High Density Residential but the applicant is not proposing High Density.
The last parcel is proposed at RE-15. It is a ten (10) acre parcel.
The Planning Commission will make a recommendation to the City Council. The City Council will make a determination as to the appropriate zone after hearing the comments in the public hearing. The residents will also receive a notice of the City Council meeting which may take place on January 3.
Chair Murphy opened the Public Hearing and advised that the Commissioners received comments from Charles and Jane Field, Richard Bryant and Ronald Buckley.
Comments on the proposed RE-15 zone:
Richard Bryant submitted written comments and stated that he was concerned about the proposed 15,000 square foot lots being adjacent to the Willow Springs and Kayenta Lake Patio Homesites because these properties are 20,000 sq ft lots. It is not conducive to have smaller lot sizes adjacent to these properties. There is a wash that bisects a lot of the area to the north. It is difficult to tell from the Flood Hazard Zone Map and the Ivins Storm Water Runoff Map but it shows there is a major wash. He was questioning why the top portion of that area was being rezoned for homes. Is the wash area exempt from development?
Kevin Rudd stated the wash comes down to the Coyote Gulch Commercial area and there are smaller ones that empty into the wash. This wash is not as significant as the Hell Hole Wash. The wash is designated on the official FEMA map. Development will be limited with the wash. There is a designated distance that will have to be maintained in this wash and Hell Hole Wash.
Richard Bryant was also concerned about increasing the runoff to adjacent homes if it is developed.
Grant McFarland lives on Wisteria Court which is on the north side of Kayenta Blvd. He has the same concerns as Richard Bryant. The proposed lot sizes seem to be significantly smaller than the existing lot sizes. The existing lots are a quarter to half acre. It seems the applicant wants to put homes in an envelope that is considerably smaller. If we look from west to the east across Kayenta Blvd toward the wash, there is a large berm that may be part of this parcel. Will they be building homes on the berm?
Kevin Rudd explained that a subdivision plan of the property is not required at this point. After the Zone Change, there would be a Subdivision process, it would be reviewed and then the residents would receive a public notice for that process. No subdivision plans have been submitted.
Grant McFarland felt it makes sense to stop the Zone Change now rather than later. The concern is the lot sizes being smaller than the existing lot sizes and dramatically changing the area. Also, building on the wash needs to be clarified.
Kevin Rudd restated that the wash is shown on an official FEMA map. Staff and the City Engineer have walked the area, and when it is developed there will be specific distances that they will have to maintain and homes will not be able to encroach upon the wash. This is mainly to protect the homes from flooding.
Grant McFarland asked if there are parcels that would reside on the berm.
Dale Coulam advised that Staff cannot answer that definitively because there is not a plan at this stage. Hypothetically, yes, if it is buildable ground the owner would generally be entitled to improve the property.
Chair Murphy advised that the 12,500 sq ft lots are .28 acre, 15,000 sq ft lots are .34 acre and 20,000 are .46 acre.
Lance Anderson explained that the legend on the original map that was mailed showed the area being discussed as RE-12.5 but the revised map indicates it as RE-15 which is 15,000 square foot lots which is a third of an acre. We are not building 15,000 square foot lots. With an overlay and RE-20 zoning the developer had to have an average of 20,000 square feet but when developing a conventional subdivision such as this with no overlay then there has to be a minimum 20,000 square foot lots. That means that we may have a 28,000 square foot lot in the same area but because of roads one lot could be a 19,000 square foot lot. That hurts us when we are trying to plan. The lots have been staked out and they are a lot bigger than 15,000 square feet. The residents can check them out. Also, the property on the hillside is not part of this application. The properties being proposed are not in sensitive lands. The overlay district allows clustering but Kayenta does not cluster; and instead of putting open space in a corner, we put the open space around the homes. This is the battle we fight and that is the reason they go for one zone lower because one or two lots are just under what we are trying to achieve. We are trying to do development agreements in all the areas and get as many defined so that when the residents look at a map they know what is next to them. We are not looking for higher density but need this zone because of the odd lots.Chair Murphy advised that Commissioner Anderson recused himself on this item because he has a conflict of interest, and he will not be making a decision on the Zone Change. He was available as the applicant to answer questions.
There was a question about building on the berms and the hillside.
Kevin Rudd explained that there are some berms, hillside and washes. When property is developed, the Sensitive Lands Committee will walk the areas and make a determination. The washes and slope areas are part of the Sensitive Lands Ordinance. However, at this stage it is not required but when a subdivision plan has been submitted these areas will be considered.
Dale Coulam explained from a process standpoint an applicant starts with what density is allowed which is the Zone Change process, and then they submit a subdivision plan and application. That's when we see what is proposed as far as construction on the property. As Kevin Rudd has mentioned, the parcels may be in Sensitive Lands. There is an ordinance that says if a piece of property includes sensitive lands, there may be some additional restrictions on building on the property. Staff cannot definitively say what will be built or what it will look like.
Richard Bryant stated that Mr. Coulam is saying it is a later step but there are already roads and lots are staked out.
Dale Coulam explained that if property is privately owned and it is a buildable lot, then something could be built there.
Susan Baker lives on the corner Taviawk Parkway and Paiute Drive. In the last five years the traffic increased on Taviawk Parkway as well as Paiute Drive. As a precondition to this plan the road from Kwavasa Drive should extend over to 450 North and also extend over to Center Street so that the traffic to Coyote Gulch is not filtered through Taviawk Parkway. All the homes will increase the traffic tremendously. The homes on Taviawk Parkway, Morning Star and all the roads off Taviawk Parkway will be affected and no one in that area received a notice about the Zone Change.
Dan Kendrick lives in Kayenta and asked what size lots are being proposed and how many houses could be put in this section.
Dale Coulam stated that is hard to determine at this time because there is a significant wash, and there will be certain distances to maintain that FEMA requires and additional restrictions may be required by the Sensitive Lands Ordinance.
Dan Kendrick asked how many acres are involved.
Staff did not have the total acres.
Dan Kendrick stated that he moved to Kayenta because of the consideration for habitat, preservation and that it wouldn't turn into an apartment complex. When he was on a Planning Commission, he always wanted to know what the impact would be.
Kevin Rudd explained that the applicant will decide how he wants to lay out the subdivision. But because of the washes and slopes it is difficult and we don't want to just throw out a figure.
Mike Berkley lives adjacent to the wash that is being discussed. His concern is the density and the sensitive lands issue for the washes and berms. He asked if the Sensitive Lands Ordinance is an Ivins ordinance. Is that the only way to determine if a lot is buildable or is there another federal or state law, etc.
Kevin Rudd advised that the only one that he is aware of is FEMA for the wash area. He was not aware of any other issues such as wet lands, endangered species, etc. on this parcel.
Dale Coulam stated that the Sensitive Lands Ordinance is in the Zoning Ordinance, Title 16, Chapter 8 and it can be retrieved from the city website: www.ivins.com
Comments on proposed RE-20 zone
Fletcher Shives lives on the corner of Paiute and Chusi Way in Taviawk and his concern is also the traffic and the precondition that Kwavasa be extended to 450 N and also connect to Center Street because of the increased traffic. Paiute Drive is a private street, not a public road and is maintained by the Home Owners Association. There is significant increase on that road because the developer has placed a model home on that street, and placed signs on Paiute to direct traffic to a private street. With those considerations in mind, he asked if it would be appropriate to recondition the Zone Change to have Kwavasa extended as a public road and connect the road on Center Street.
Melanie Florence lives in the Taviawk area and her home backs Taviawk Drive. Everything goes up and down Taviawk Drive for any type of development such as dump trucks, cement trucks, etc. all day long. She asked that it be directed where there are no houses. Kwavasa road would only have two farm houses. It would help if the trucks come up from the highway or Kwavasa. Also, during art festivals the traffic turns down Paiute. Getting Kwavasa paved would help.
John Kerry asked why is it necessary to change the zoning before the developer develops the plan.
Dale Coulam explained that until the developer knows the density they don't know how many houses would be allowed. The Taviawk development to the east is zoned RE-20 but there are some very large lots and some that are 23,000 - 24,000 sq ft which is below the zoning of RE-25 so the applicant had to request a zoning of RE-20 because there has to be a minimum lot size. It doesn't mean it will be a cookie cutter subdivision and Kayenta is certainly not that type of project. RE-20 zoning doesn't mean that all the lots will be 20,000 sq ft but dealing with the contours of the lots, there will be various lot sizes.
John Kerry asked what the current lot sizes are for Taviawk.
Lance Anderson explained that the densities in Willow Springs' area have various densities such as Kayenta Patio Homesites, Kayenta Lake Patio homes but Willow Springs brings the density up. In Taviawk the lots are larger as they get closer to the mountain but as it gets closer to Center Street the density is RE-12.5. Most of the lots will be more than 24,000 sq ft. On a current plan we are off 1,000 sq ft on three (3) lots. Kayenta plans every day but as per the ordinance we cannot plan officially.
John Kerry favors lots larger than 20,000 sq ft to be consistent with all the parcels around his home and his neighbors. Last September we witness a very heavy rainfall and water flowing off roofs caused some problems with neighbors. Does the Commission regulate to require runoff plans for houses?
Dale Coulam stated that the City has design guidelines and minimum requirements that a developer's engineer must certify to the City that their design will accommodate a certain amount of drainage.
Comments on proposed RE-12.5 zone:
Fletcher Shives stated that he supports the previous comments made regarding the density on the west side and the RE-15 area. He asked would it be appropriate to rezone sensitive areas such as the wash if it cannot, in fact, be developed. Also, in all the areas is it possible to have a precondition to have sewer connection? Such as in this area the sewer has to be pumped up to a sewer line in Taviawk as does everyone below Taviawk. At some point if the pump goes out, there will be a heck of a geyser.
Lance Anderson clarified that the hillsides are not in sensitive lands. He also clarified that all the proposed zones are in the Kayenta area.
Chair Murphy advised that the public hearing will be continued to December 18, 2012.MOTION: Commissioner Mike Scott moved to continue Proposed Zone Changes from RA-1 (Residential Agriculture Min. 1-Acre) and RA-5 (Residential Agriculture Min. 5-Acres) to RE-12.5 (Residential Estates Min. 12,500 sq ft), RE-15 (Residential Estates Min. 15,000 sq ft), and RE-20 (Residential Estates Min. 20,000 sq ft). Kayenta Development, Inc., applicant.
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried unanimously.
Chair Adel Murphy AYE Commissioner Jeffrey Loris AYE Commissioner Mike Scott AYE Commissioner Lance Anderson RECUSE Commissioner Todd Benson ABSENT
The Commissioners reviewed the ordinance and determined where the figures should be placed and made some minor editing changes.
Table of Uses:
The Commissioners reviewed the definition for Recycling Collection Center and Recycling Binnies and discussed the differences between the two definitions. After some discussion, there were no changes made to the definitions.
The Commissioners will review the ordinance again and present any changes at the next Planning Commission meeting prior to setting a public hearing.
B. Review and approve the Planning Commission’s meeting schedule for 2013. After some discussion, the Commissioners removed the meeting date of November 5, 2012 since it is Election Day and if there are agenda items to be considered, another date will be set in November. Also, August 13, 2012 is the date set for primary elections. If a primary is required in Ivins, the Commission can reschedule a meeting date in August.MOTION: Commissioner Lance Anderson moved to approve the Planning Commission's meeting schedule for 2013 with the changes made.
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried unanimously.
Chair Adel Murphy AYE Commissioner Lance Anderson AYE Commissioner Jeffrey Loris AYE Commissioner Mike Scott AYE Commissioner Todd Benson ABSENT
C. Consider approval of the Ivins City Planning Commission minutes for November 13, 2012 MOTION: Commissioner Jeffrey Loris moved to approve the Ivins City Planning Commission minutes for November 13, 2012
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
Chair Adel Murphy AYE Commissioner Lance Anderson AYE Commissioner Jeffrey Loris AYE Commissioner Mike Scott AYE Commissioner Todd Benson ABSENT
A. Planning Commission (None)
B. Chairman (None)
C. Building & Zoning Administrator, Kevin Rudd (None)
D. City Attorney, Dale Coulam Dale Coulam reported that the City received from Five Counties Association a draft on an Affordable Housing Plan. This is a required element of the General Plan and will go through a public hearing process and recommendation to the City Council. It's a lot of research and data, and they did a wonderful job compiling the data. For the City to have done something like this, it would have taken a tremendous amount of time. The Commissioners may not agree with everything in the document. For examples, page 4 states an average annual growth rate of 15.82% over the next ten years. That has not happened the first two years of the ten year span. As the Commissioners read it and have comments, we can contact Five Counties and ask questions about data source, etc. After the Commission has reviewed it, it will be noticed for public hearing.
Lance Anderson asked why Five Counties has an interest in doing this.
Dale Coulam advised that he was not involved in the initial meeting. Generally, they deal with the cities, and this may have been a common deficiency in the general plans. If the Commissioners have any questions, he will go back to Five Counties with those questions.
E. Items to be placed on future agendas
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried unanimously.
Chair Adel Murphy AYE Commissioner Lance Anderson AYE Commissioner Jeffrey Loris AYE Commissioner Mike Scott AYE Commissioner Todd Benson ABSENT
The meeting adjourned at 6:57 P.M.
Respectfully submitted,
Martha Wilson, CMC
Deputy City Recorder