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, and Commissioner Jeffrey Loris.

Staff: City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd and Deputy City Recorder Martha Wilson
Audience: Kathy Barth, Garry Morris, Kent Hayes, Trish Greenfield, Dennis Ellis, Kathie Moore, Charles Phillips, Dan & Jan Kendrick, Tyler Morales, Ginny and Bruce Northcott, Deanne Hanson, Kay Hudson, Richard and Jenny Gough, John and Kristin Hunt, Mr. & Mrs. Skudlarczyk, Tim and Judy Terrell, Jim Keeley, Matt Marten, John, Linda & Al Lebrun, Tom Kimbrell, Jeanette S. Johnson, R. Douglas Johnson, Gale and Roger Bray, George and Cherie Stoddard, Doug Little, Delores Osborn, and Claudette Larsen.

A.	Acknowledgement of Quorum

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

B.	Flag Salute

Commissioner Loris led the Flag Salute.

C.	Invocation

Commissioner Benson led the Invocation.

D.	Disclosures

Commissioner Anderson disclosed that he is the applicant on Agenda Item 4 (A). Commissioner Benson disclosed that his architecture firm has been in conversation with Terry Marten on a preliminary basis to help them with the final construction document when they get approved by the City. Commissioner Loris and Chair Murphy had no conflicts or disclosures.

A.	Public Hearing on a Proposed Class IV Conditional Uses for:

1. Reception Center (proposed Performing Arts/Community Center/Convention Center/Reception Center)
2. Public Use (proposed Fire Station)
3. Relocating existing Kayenta Development Offices
Kevin Rudd reported that the Conditional Use includes two (2) buildings. The site location was displayed which is off Kayenta Parkway and Kwavasa Drive in the Coyote Gulch Commercial Center. One building is the Kayenta Center for the Arts and the other building is a Public Use building.
Kayenta Center for the Arts Building:
The building is a Class IV Conditional Use Permit (CUP) and the Planning Commission has authority to approve the CUP. Therefore, it will not go before the City Council. There is a Use Table in the Ivins City Zoning Ordinance that allows different uses within a zone. This Property is zoned Resort Commercial and in the current use chart there is a "Reception Center" category which is a facility for the holding of events including, but not limited to, weddings, wedding receptions, community meetings, and group gatherings. A "Reception Center" does not specifically include an indoor theater. If the Commission determines the indoor theater use does not fit within the "Reception Center use," the applicant wants to move this forward with approval as a "Reception Center."  Currently, there is a proposed amendment to the Zoning Ordinance Use Table which is being reviewed by the Council that specifically has an indoor theater use that clarifies this use.
Public Use Building:
The second building is the fire house which is proposed to be the Kayenta Development Company and Kayenta Water Company. This is a quasi public utility company because it provides an essential service in this area which is water. A utility company is allowed to have buildings and equipment in all zones in the City. The reason is it is assessable when there is a water break. They will have equipment, repairs will be done and they are also a development company. This use crosses over to both the water company and the development company. Staff feels it is an appropriate use for the area because it is a quasi utility and fits within the zone for a fire house.
Chair Murphy opened the Public Hearing.
Fletcher Shives lives on Chusi Way and spoke in support of the Arts Center but he had a concern with Ivins City's impact fees. Other communities would be thrilled to have an Arts Center. Impact fees usually address negative impacts rather than positive impacts into a community.
Kathy Barth is a resident of the Kayenta community and submitted a letter to the Commission outlining some concerns (a detailed letter is available at Ivins City offices):
1. Kayenta Water Company equipment: Large white equipment and vehicles will be visible to property owners. She requested there be some type of screening/wall that would mitigate the homeowners looking at this equipment from their patios.
2. Art Center: The proposed center will be nestled within the residential community and be visible and audibly close to Kayenta Homesites, Kwavasa and Shonto areas. Property owners purchased in the area because of the the harmonious nature, to blend in, and protect the night sky. They are concerned about the traffic noise, traffic headlights, parking and the center will greatly impact the nearby property owners.
3. Parking: The Concept Plan for parking appears to have been revised but originally some of the land for parking may have state owned. She understood that it was going to be acquired. If it is not acquired and alternate parking spaces are utilized, it should be determined before final approval of the CUP.  She's also concerned about the traffic flow onto private residential streets. She asked the Commission to address how landscaping will provide buffers and screening for off-street parking and between dissimilar land use areas of residential property owners butting up against commercial areas (reference Section 16.19.8.F and 16.19.10).
4. Parking lot lighting: Lighting will be visible from home owner's patios. She requested hours to be identified and timers used and also used when an event is occurring. The maximum height allowed for lighting is twenty feet (20'). She requested that the height of parking lot lighting be lowered (reference 16.19.11 and 16.22.104).
5. Sound: Sound travels far in the desert and peace and quiet are valuable commodities of Kayenta homes. She requested that in addition to landscape buffers being required for noise impact that there be restricted hours of operation in the late evening to maintain homeowners property rights and values (reference 16.19.8e). She suggested events end at 10:00 p.m. Also, she requested that the construction hours of the center comply with ACC regulations.
6. Sewage in the Event Center: Her greatest concern is the impact of the sewer system when adding 140 seat venue with 10-14 toilets. It's a significant addition to a plumbing system that is already taxed in the Art Village. The concern is how sewage will be handled at the event center on the already taxed sewer system.  On busy weekends, there are very unpleasant odors that waft up from the current septic system, permeating through the studio and restaurant side of the Art Village. Currently, during special events when there is more than a normal crowd, the public restrooms are closed and port-a-potties are used instead as the restrooms cannot handle the volume. The septic system may not be able to handle the volume. During the February presentation, it was stated that the sewer would be hooked up to the sewer line but at the recent neighborhood meeting Lance Anderson stated that the current septic system could handle the increased usage. After events there is a powerful odor that is left. The expansion of the Art Village with another venue should come with a requirement for sewer line hook up.
7. Use Category: As per the last Commission and Council meetings the event center fell under a new category in the commercial zoning text amendment to Table 33-2 which has not yet been approved by Council and acceptance to the amendment to-date has been postponed. Can a conditional use permit be granted for a category that has not yet been recognized in the zoning code? When Council passes the Table 33-2, it would fall under the zoning regulations.
She would love to see an event center being built if the concerns can be addressed. She has enjoyed many of the productions in the outdoor theater, etc. However, she is a business owner in the Art Village and a homeowner and is concerned about the impact to the Art Village and the nearby residents. She requested that the Commission place conditional use restrictions/guidelines to provide protection to existing homeowners and their property values while allowing a world class center to be developed.

Kristen Hunt spoke in support of the Art Center because of the multi-use aspects of the center. She thanked everyone for their contribution to the community to keep this a superlative place to live. The center will benefit the entire community because we will be able to have a place to hold community meetings. At present many go outside of the community because there is no space. It increases business as well as taxes and revenues. If considerations are kept in mind for those that live close to the center, it will raise the quality of life for all members in the community.
George Stoddard and his wife own a business in the Art Village, and he sees it as a benefit to business owners. One of the most important things is the sense of community and gets great pleasure in it. He hopes they all could respect each other and their legitimate concerns. There should be a way to mitigate the concerns and keep the sense of community.
Pat lives near the Arts Center location. When she first moved from Virginia to Ivins, she could purchase a black postcard that was an advertisement to St. George. Since then change has occurred and there has been a lot of advertisement nationally that Washington County is a place to live. When she moved here there was a great performing art center in one section of town with million dollar homes around it, and it became a life choice. We have lived in two suburban communities where there were a lot of children running around after dark and people had businesses in the homes. There are a lot of neighborhoods that are noisier and less pleasant than an Art Center would provide for Kayenta. When we moved here, Ivins was a hole in the wall with little development between here and Kayenta. Change brings a lot more light, traffic and commercial. However, we still live in paradise in Ivins, and especially the Kayenta part of in Ivins. She feels their lives will be greatly enriched by having the Kayenta Performing Arts Center and drawing some of the people from around the mountain to see what we are all about and share it with us. She's 100% in support of the center and will help make it possible and hope the Commission will too.
John Hunt lives in the Kayenta Development of Taviawk on Paiute Drive and agrees with what has been said and strongly supports the visitor's center and Performing Arts Center. But he cannot believe that in this community we would do anything without seriously considering the kinds of mitigation that may develop. A lot of us are concerned about the development and traffic and that's what we bargained for when we bought in. When we were four or five lots apart, it was nice but he the development going on is to everyone advantage. The center will not only benefit the City but the Kayenta area. He strongly supports the center.
Deborah Kidder stated that when she moved to Ivins she made a decision to give to the community. She has done that in many ways and worked closely with the Martin's and being part of the Public Safety Department. There is nothing that Terry Martin doesn't do to check the impact from A to Z. She has been involved with the Kayenta Arts Festival and the possible chaos that it could bring to the community. When Terry and I get phone calls about someone parking in the wrong place, or noise, etc., Terry is on top of it and solves the problem. He does not look the other way on any park of this, and he has schooled the people who are developing the Arts Center and expects nothing but perfection. She has witness the Council being supportive of whatever Kayenta has had before them and a public forum has completely crumbled it. If anyone is here in support of the Arts Center, become a voice in support. As far as the negatives concerns expressed, they have been and will be addressed. There is nothing more beneficial than this reception center to this entire community and as beneficial as the VA hospital. She felt 99% of the audience present was in support as well as the community.
Kent Hayes and Gary Morris' primary goal is to build something for Ivins. Ivins is a resort destination. Tuacahn handles the giant productions. This event center will have weddings, corporate events, and educational opportunities, which also include, not just the center that is there now, but bring people into that center and being able to utilize a lot of other studios that are already in the Coyote Gulch area. Students will be brought in and they will have artist that are there to help those students learn different things within art. There will be educational opportunities as well as the theater. It is designed to have great seating and tiers but will be able to be moved away to utilize for other events. Space will be available to rent out to a huge variety of different events. The Coyote Gulch area is a great place for it because it is an art center already. It will be located near the other art stores. There will be a building with a park-like setting in front of it and it gives the entire community another place to go, not just on the inside but it will have events in the park-like setting. They are very excited and have been able to put on several shows in "The Room for Thought" which seats approximately 45. These productions have been drawing people in that are outside of Ivins such as Orderville, Hurricane, and Touquerville.
Gary Morris noted that the Kayenta Arts Foundation is spear heading this development. We have control over some of the concerns that have to do with the center. One is setting the hours for construction, and the foundation is willing to follow those construction hours. Ending the events by 10:00 PM will be difficult. The time limit that has already been set is 11:00 P.M. We have been trying to set the events at 7:30 and ending by 9:30. They are and will try to mitigate the time but there are some events that will be longer such as events that are indoor. However, we want to be good neighbors and keep it to the time limits that are already set. Signs could be put up to direct people out of Kayenta to minimize the traffic and make people mindful of keeping the noise down for local residents. Announcements can also be done in the theater. The shop where equipment will be stored will be enclosed and insulated to mitigate noise to the residents and to the events inside of the event center.

Jeanette Johnson mentioned the center is being built by volunteer donations, and the money has been coming in from, not just Kayenta, but many places. Many residents have reach deep in their pockets to support the project and provide more if necessary.
Gail Bray moved here in November, 2012 and set in several meetings to get to know the people. They are impressed with Ivins' vision from the VA Care Center, solar power, to the roundabouts, etc. For the size of Ivins it has a great vision and with the vision this event center has fits perfectly. The Arts Foundation's has a wonderful vision and it is in line with Ivins' vision and they have a vision beyond. We've seen the changes since 2001 and we have lost some of our views but it's still an incredible place to live. The center will benefit the whole community and the town of Ivins.
Lance Anderson spoke as the applicant. Debbie Kidder has given to the community and she and I have both volunteered on the fire department. He would follow Debbie and Andy Hacks in any fire because of their endurance. He grew up in Ivins with 600 people and he has seen Ivins change a lot. As Debbie Kidder stated, Terry Marten thinks things out because he doesn't want to do them wrong. He's always changing things to make them right. In reference to the sewer smell, they have fixed some pipes and he hopes that fixed the problem. The goal is to get the sewer system that dumps into the conventional system. It's a matter of time. He had a test done to put in an independent septic center for the Arts Center which requires about 1,500 gallons a day. An average home is about 300 gallons a day. Gary and Kent cannot comply with the ACC rules because they are not building the center. The hours cannot be promised because it depends on the construction schedule but we always try to be as cordial as possible. The parking lot light fixtures are 11 to 12 feet tall. The water trucks need to be accessible, and they have been looking at some options to screen them. A resident suggested painting the equipment to screen them.
Dale Coulam asked if the new septic system would be in a different area from the existing septic system
Lance Anderson stated that's correct.
Kevin Rudd pointed out the location of the septic area and is well away from the existing system. Staff has no problem with the system and Kayenta has already submitted the permit.
Commissioner Loris asked for clarification on the water usage. The water usage is 300 gallons per day but septic has to be designed to 490 gallon per day. If usage is 1,500, it equates to approximately three (3) houses.
Lance Anderson stated the numbers came from Robert Beers. There is no specific use on the Table of Uses that states performing arts but to Kayenta it is not just performing arts it's a community center for weddings, business meetings, a gathering place, etc. There are other entities that have performing arts as well as schools. He requested the Commission to move ahead with this process.
Pam Layton and her husband have been residents for eight years and mentioned diversity of thought and perspective. We do home exchanges with others across the world. We recommend to people to go to Ivins and Tuacahn but there are shows beyond Disney. We welcome entertainment at a different level. From an educational standpoint such as training and development she previously worked in businesses with leadership development, training, education and management. In those businesses it was clear that the environment where we get the training was very powerful in terms of how successful the information was absorbed. The community can provide an education throughout the community in ways that could be very powerful because of the environment that we live in. She very much supports the project.
Chair Murphy closed the Public Hearing.

B.	Consider recommendation on a Proposed Class IV Conditional Uses for:

1. Reception Center (proposed Performing Arts/Community Center/Convention Center/Reception Center)
2. Public Use (proposed Fire Station)
3. Relocating existing Kayenta Development Offices
Chair Murphy inquired about the comment on impact fees.
Dale Coulam explained there's a statutory process that has to be followed if the full impact fee is not charged or if the impact fees are deferred. He previously met with the applicant and discussed the options. In reference to the Table of Uses, this body recommended a text amendment to clarify and exclude big box movie theaters such as megaplex. In reading the description for the "Reception Center" it says, "a facility for holding of events" which is very broad, and it says, "including but not limited to" and that keeps the door open. He understood the Commission's recommendation was to make some changes to the Table of Uses (Table 33-2) to close some of those doors so that it's not broad enough to allow large movie theaters. The current use doesn't specifically include a convention center or convention hall either but clearly those uses would be allowed. Staff mentioned in their report that if the Commission feels uncomfortable in saying that all these uses could be allowed except for the indoor theater, then they can approve the CUP on all the other uses and force another application in the future if and when the Zoning Ordinance is amended. In his opinion the application falls within the table.
Commissioner Benson indicated that the Commissioners have to operate within the current zoning guidelines. If the application were changed to a Conditional Use Class V and we did wait would it have to go through the City Council?
Dale Coulam stated, "Yes." He advised the Commissioners that this is a Class IV and it does not go before the City Council.  The Commission is the final approval on this application.
Chair Murphy stated she thought the Conditional Use encompasses the current uses.
Commissioner Benson stated that the new item we have is not an indoor theater. We are still broad by calling it a cultural center. If we had not changed it recently, we would have been searching through the tables to see where it fits, and he thought that it fits within this use.
Chair Murphy stated the purpose in changing the use table was to exclude the megaplex because it is not viewed by Ivins as a use.
Commissioner Loris commented that it fits in with the development and design that Terry Marten has been working on. Also, the use is in the application is what the community is trying to accomplish. The Mayor and several others have talked about bringing in infrastructure and monies that would come in that is not industrial and businesses that would not damage the environment, air pollution, and be around for a long time and that it benefit everybody. He felt that this is the direction Ivins is going. Ivins has made some big changes since he lived in the St. George area, and he thinks this is what Ivins needs.
Chair Murphy stated that she agrees. She inquired about the construction times.
Kevin Rudd explained that city-wide the construction times are 6:00 am to 10:00 pm. He felt this body should not restrict them based upon this subdivision when the rest of the residents have to be discomforted when construction is going on. If the foundation wants to agree with the homeowners association, it's up to them.
Chair Murphy also agreed that she saw no reason to set a construction time.
Commissioner Benson inquired about enforcing a noise ordinance.
Kevin Rudd gave an example: If anyone complained about a radio between 6 am and 10 pm, they would be in compliance. From April-October developers can begin concrete pours at 3:00 am anywhere in Ivins. The Council understands that building is going on.
Commissioner Benson was referring to a noise ordinance after the theater is built that would be different than construction noise.
Chair Murphy noted that when the outdoor theater was presented a decibel level was set. The noise with this center would be people coming and going. In any commercial area there will be some talking and noise.
Kevin Rudd explained that the Cabaret Theater the Conditional Use and this body did place noise restrictions on the theater. However, the City has received no complaints.
Commissioner Loris noted that the design of the building is approximately 80-85% of the entire area that would be considered theater and has a dead air space around it which would deafen the sound quite a bit with two insulated walls.
Commissioner Benson agreed that the theater, the black box, surrounded by lava, storage, back stage spaces and there are not a lot of windows in a theater, the noise penetration from the theater itself would be to at a minimum.
Chair Murphy inquired about the lighting.
Kevin Rudd stated that Kayenta does have parking lot lighting. The City does not require parking lot lighting, and it is up to the property owner. The current parking lot lights in Kayenta comply with the lighting ordinance for height and shielding. He gave an example of walking to his car at night from the Xetava Gardens restaurant. They are doing a good job as far as lighting. As far as whether the lights are on timers, he did not know but the Commissioners can address it. The ordinance allows timers. The City looks at buffers from the roadway and Terry Martin does a good job on landscaping and Kwavasa is well buffered. The intent of buffering is not that it will be out of everybody's site. Staff doesn't feel more buffering is necessary. There were complaints about the smells in the area, and Staff met with Lance Anderson and a representative from the Southwest Health Department. Ivins does not regulate septic systems. The health department does. The health official did not give any written or verbal warning to the applicant but Lance Anderson has tried to mitigate the problems that exist. He noted that Tuacahn also has some areas that put off the smell and with septic systems it's a fact of life but it doesn't mean it's a health hazard.
Commissioner Loris referred to the maintenance of the grease traps in regards to the smell.
Lance Anderson advised that the grease traps are larger than required.
Commissioner Loris referred to the screening of the equipment and noted that there is an eight foot (8') fence around the fire house but asked if the gate is open or solid?
Lance Anderson stated that the drawings show it as a solid gate.
Kevin Rudd displayed a picture and noted that the equipment will be screened.
Lance Anderson explained the gates open toward Coyote Gulch instead of facing residential. They are trying to make the building look more residential with the gates opening toward Coyote Gulch.
Commissioner Benson wanted clarification on the light timers as to whether they can require the timers or is that a future process.
Dale Coulam advised that it could be a condition to the CUP. The Zoning Ordinance does say that there can be timers. The flip side is that Public Safety would say that the darker it is it could present some safety issues. It's a balance between safety and the night sky.
Lance Anderson explained currently they have sensors to come on when dark and go off in daylight.  We never know when people are going through there and Public Safety is checking the doors to keep the place safe. From an insurance perspective if someone is walking through Coyote Gulch and there are no lights, it's a problem. They try to keep it at a minimum.
Chair Murphy mentioned that they are not talking about twenty foot (20') poles and they are shielded. She was not inclined to put the lights on timers.
Commissioner Benson stated it answered his concerns.
Commissioner Loris leaned more toward public safety than the night sky.

MOTION: Commissioner Todd Benson moved to recommend approval of a proposed Class IV Conditional Use for 1. Reception Center, 2. Public Use (proposed Fire Station), and  3. Relocating existing Kayenta Development Offices located at Coyote Gulch Commercial area, approximately 800 N. Kayenta Parkway.  R. T. Marten and Teancum Properties LLC, owners, and Lance Anderson, applicant
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	ABSENT

C.	Public Hearing on a proposed amendment to the Moderate Income Housing Element of Ivins City’s General Plan.  Ivins City, applicant

Kevin Rudd explained that state law requires each City to address moderate income housing. Initially the document was prepared by Five Counties for Ivins. There have been some changes made to the initial document.
Chair Murphy opened the Public Hearing.
Doug Little inquired as to how the City defines moderate income.
Commissioner Loris read the definition: "A moderate income in Ivins of 85% of the area median income or $45,680 annually."
Doug Little asked how that equates to housing.
Commissioner Loris stated moderate income housing is housing for those who make this median income. Households that earn 30% or less of area median income cannot typical find opportunities within the private market. It is talking about how much of the annual income can be put towards the housing which is normally around 30%.
Doug Little inquired if there are specific areas in town designated for moderate income housing or is there housing spread throughout the community? 
Chair Murphy explained this document doesn't earmark any specific areas of the City. It says, "Ivins will continue to embrace programs to maintain reasonable affordable housing options and will allow for a variety of housing types in attractive, functional neighborhoods to meet the needs of all income levels. We will continue to provide sufficient land zoned both for-sale and rental housing, offer a variety of lot sizes, variety of residential building types, reasonable land use ordinances, and reasonable level of bureaucracy (time and cost) in order to foster the different types of housing."
Doug Little stated that low income people are people too, and a lot of people's children could not live in paradise/Ivins without affordable housing.
Chair Murphy closed the Public Hearing after no additional comments.

D.	Consider recommendation on a proposed amendment to the Moderate Income Housing Element of Ivins City’s General Plan.  Ivins City, applicant

Commissioner Loris noted that since this document is timeless on Page 8, Paragraph 2, the Multiple Listing Service report should be corrected to read: "January 2013" instead of "January."

MOTION: Commissioner Jeffrey Loris moved to recommend a proposed amendment to the Moderate Income Housing Element of Ivins City's General Plan as amended.  Ivins City, applicant
SECOND: Commissioner Todd Benson

VOTE: The motion carried unanimously.

Chair Adel Murphy	AYE
Commissioner Lance Anderson	AYE
Commissioner Todd Benson	AYE
Commissioner Jeffrey Loris	AYE
Commissioner Mike Scott	ABSENT

A.	Continue discussion on Subdivision Lot Averaging Overlay District, Smaller Accessory Buildings: Exemption from Building Permit Requirements, and Front Yard Courtyards

Subdivision Lot Averaging Overlay District:
Kevin Rudd explained that this is an overlay zone that a developer could apply for that goes hand-in-hand with their subdivision plan. The overlay district would require an actual subdivision plan. It's not like a conventional plan that gets zoning but not ready to show the plan. If the subdivision is never completed, the overlay would go away. This district is to allow some flexibility to a developer. The concept is that the developer meets the underlying average density of the underlying zone and they are meeting the spirit of that zone. The approval process will come to this body during the Preliminary Plan process, and the Commission will make a recommendation to Council. When approved by the Council, that's when the Zone Change will be formerly approved with the Preliminary Plan. Lot averaging formula is the total combined square footage of all lots divided by the number of lots shall be equal to or greater than the base zone minimum size.
Commissioner Anderson referred to Walter Paige's Zone Change. He has since reviewed the zones and when it gets down to the smaller zones such as R-1-5, R-1-7.5, RE-1-10 and RE-12.5, it jumps from 10,000 square foot lots to 12,500 square foot lots. It changes the dynamics when trying to design a subdivision. His thought is to get the average lot size for the zone to help compensate for some of that variance when it jumps from 10,000 to 12,500 when encouraging the infill of the Old Township. It would bridge the gap between 10,000 and 12,500 zones. It would have helped Mr. Page but he couldn't because of the zone he had to apply for. It takes away the cookie cut design. It would have to be a certain percentage of the zone. An example, the lot sizes would be 80% of RE-12.5.
Chair Murphy asked if he was wanted to propose this in conjunction with the averaging.
Commissioner Anderson stated it seems to be the issue when dealing with infill development.
Commissioner Loris referred to the previous zone application where three (3) lots were around 7,500 square feet and the rest averaged 10,000 square feet. If the zoning was an R-1-10, and he had three (3) lots at 7,500 square feet and the other lots at 12,000 square feet, the average worked out but we need to make sure the lots are kept at an average moderate size and that the average lot sizes doesn't drop to R-1-7.5 zone. If it is zoned R-1-10, it would be 90% and would not be able to drop below 9,000 square feet.
Commissioner Anderson explained that it eliminates having so many zones. He referenced Section 16.07.704 Zoning Districts Allowed and noted that when the zone gets below RE-20 is when it creates issues for small lots. 
Commissioner Benson thought the Minimum Lot Size Requirements section took care of some of that. The proposed ordinance states, "A maximum of 25% of the total lots may be less than minimum allowed size..." Therefore, only 25% can be lower than the zone requested and no lot shall be less than 75% of the maximum lot size.
Commissioner Anderson stated it helps to get the whole average but it does not help the area between the two zones, such as RE-1-10 and RE-12.5 for example.
Chair Murphy asked if he was proposing some kind of number.
Commissioner Loris gave an example and explained that we are proposing an averaging stipulation but we also want average lot size minimum or percentage minimum stipulated.
Commissioner Anderson is trying to fill in the blank between R-1-10 and RE-12.5 instead of requesting a new zone called RE-11 zone. The infill in the old part of town can't be developed. The only options are big lots or small lots but we don't want small lots because people are use to the larger lots. We would have to come up with an average between R-1-10 and RE-12.5. If a subdivision plan is submitted and it looks good, the process continues. If it does not, we send them back and then they start getting cookie cutter designs and that's not a good plan.
Chair Murphy felt Commissioner Anderson is proposing to go totally away from zoning and using this average to make a subdivision that's got smaller lots than the 12,500 across the board and she asked why do we want to do that.
Commissioner Anderson stated it's because there is a gap between R-1-10 and RE-12.5 lot that can't be filled and because of the sizes of the blocks in the old part of Ivins. He gave an example. Our zoning causes them to create a bigger lot than they need.
Kevin Rudd explained that he is sympathetic with it but basically the City Council is the one that gave direction on this amendment change. The Council was sympathetic with the Kayenta dilemma. Overall density does meet the zone problem, and Council is very interested in that but he didn't think this is what they wanted to explore at this time. If the ordinance was modified to take it below the zone, he wasn't sure the Council would receive it. They want something that meets the spirit of lot averaging.
Commissioner Anderson stated that it doesn't affect him but for years the City has talked about infill development in the old part of town. Going from an R-1-5 to R-1-7.5 changes the whole concept because it's missing an R-1-6 zoning.
Chair Murphy was concerned about how many zones a City can have.
Kevin Rudd stated it's a discussion for another day and that's the dilemma in zoning. Should the City create a hundred residential zones? Planners advise that a City can get too many zones.
Commissioner Anderson stated he does not want another zone. They have to bring in an application and we control the environment. That's what allows the difference in the two zones.
Chair Murphy commented there has to be guidelines to weed out and evaluate a plan. We would need to come up with a number.
Commissioner Anderson commented that the formula would be half way in between the zones.
Chair Murphy commented that we still have to think about the surrounding zones. She gave an example of his Zone Change in Kayenta. She felt he was referring to a sliding scale, and why should we have these zones if the developers are going to wiggle in between the zones.
Commissioner Anderson commented that we are doing the lot averaging because we want the engineer, the architect, and the developer to become creative and to not develop cookie cutter subdivisions, or a flag lot here or there. This allows a little flexibility.
Dale Coulam commented Commissioner Anderson is suggesting a calculation so all the lots can be in between R-1-10 and RE-12.5 which would be 11,000 square foot lots. Is it not possible to have a cookie cutter subdivision based on 11,000 square foot lots? This lot averaging promotes diversity and front lot sizing by averaging.
Commissioner Anderson stated use the lot averaging formula but all the lots have to average 11,000 square feet. The lots are based on halfway between the highest zone and lowest zone. The lots can still be averaged and still be 25% underneath the zone.
Chair Murphy thinks it is just creating another zone in a roundabout way.
Commissioner Anderson stated that we would be but the difference is we are having them bring the plan.
Dale Coulam thinks a zone would have to be added to the chart. He doesn't believe that's legal because it isn't designated on the Zoning Map.  If we review it on a case-by-case basis, it may be considered arbitrary and capricious.
Commissioner Anderson commented that the plan would be defined. A plan would have to meet the lot averaging requirements but the zone would be in the middle of the two zones.
Chair Murphy agrees with Dale Coulam. A plan could be submitted with a 100 lots with all of them the same size and zoned in the middle of the zoning but it may not be what this City wants.
Commissioner Anderson felt it was better than flag lots. 
Commissioner Benson inquired if Lot Averaging and Subdivision Enhancement Overlay could be done together.
Kevin Rudd explained that with an SEO application we are not worried about lot sizes. It's just density. If it is an R-1-10 zone and they want to develop 6,000 square foot lots with a lot of open space, it's great. There are no minimum lot sizes on an SEO.
Dale Coulam inquired would the density on a SEO be based upon the underlying zone?
Kevin Rudd stated that it would because that's the beginning point.
Dale Coulam commented that whether you call it minimum lot size or called it density, if changed it to all 11,000 with no open space, and it wasn't an SEO, it changes both the minim lot size and the density.
Commissioner Benson commented a developer can be creative using the tools we are providing and accomplish what they want.
Kevin Rudd advised that there is an Overlay on the Land Use Plan in the Old Township. The Commissioners can create something to do with infill and present it to the Council.
Chair Murphy inquired about the section on Minimum Lot Size Requirement. Example, if there is a twelve (12) lot subdivision at R-1-10 zone, three lots would be at 25% and be less than 10,000 square feet but the lots cannot be any smaller than 7,500 square feet because it says that no lot can be less than 75% of the minimum lot size.
Kevin Rudd stated that is correct.
Commissioner Anderson referred to the example and asked if this is the criteria would the frontage lots be applicable because when we change zones, the frontage changes.
Kevin Rudd stated the ordinance says it has to meet all the underlying requirements, the minimum lot width, etc. (see Section 16.07.709 Development/Lot Standards). The Subdivision Enhancement Overlay (SEO) section was adjusted to create the Approval and Designation (Section 16.07.703). The Subdivision Application and the Lot Averaging will go through the process concurrently. The Council did not want Lot Averaging to go lower than the R-1-10 zone.
Doug Little made some comments that the Lot Averaging is more applicable to an odd shaped lot, perhaps in town. He supported the direction the ordinance is going. It's an in between method instead of using the SEO.
The Commissioners agreed to move the Lot Averaging Overlay section forward as written.

Smaller Accessory Buildings:
Kevin Rudd explained that the International Residential Building Code has this exception. For several years the building code was 120 square feet for small accessory buildings. They realized that requiring a building permit for small buildings put a burden on building departments. It makes sense to follow the International Residential Code. The part about the one foot setback has been removed because it was confusing. He left the section that says all the requirements for the zoning district must be met. This leaves the setbacks at three feet (3').
The Commissioners agreed to the change.
Front Yard Courtyards:
Kevin Rudd reported that Santa Clara amended their ordinance to allow courtyards. Santa Clara noticed that a lot of designers are adding courtyard features. Santa Clara allows the courtyard to encroach ten feet (10') into the front setback and a maximum height of 4'6". Santa Clara is mostly zoned R-1-10 in a Planned Development zone. This proposed ordinance is a little more liberal.
Definition: It's a wall area in the front yard which is open to the sky and is a private outdoor patio. There is no roof or patio cover on it.
Commissioner Loris asked if there was a definition for wall area such as a solid masonry block opened area.
Kevin Rudd explained the ordinance states that front yard courtyards shall require a building permit with the following requirements: plans, plot plan showing all property line structures, setbacks, and front and side design elevations of the courtyard incorporating the primary structure. Staff will review it and it has to blend with the architecture of the home. Anything controversial would be reviewed by the Technical Review Committee (TRC) for a second opinion. Courtyards located in the front yard shall not be less than ten feet (10') to the back of the sidewalk or ten feet (10') from the property line when no sidewalk exists. This is five feet (5') closer than Santa Clara's ordinance. It does not cause any site line issues.
Courtyard Walls and Control Access (gated developments): If a gated development wants to allow courtyards closer to the property line, let them regulate it. The Reserve and The Springs subdivisions have done that. These are private roads and it does not cause a problem.
Side yard setbacks: Courtyard walls shall not be located less than 7'6". In all subdivisions we have a utility easement. We could say it meets the same side yard setbacks in the zone. Sometimes it looks better architecturally to have the courtyard come out and the house go around it. Again, in gated communities if they want to take them to the property line, it's up to the Architectural Committee.
Heights: Some designers are trying to do the Entrada type wall where it varies. If it is a varying wall, it cannot exceed 4'6" but 50% of the wall could be at five feet (5').
Side yards: Once it is back fifteen feet (15') and they want to provide more privacy they could take it to a maximum of five feet (5') and six feet (6') when it goes around the site. Gated communities can take it up to six feet (6').  It's up to the community.
Columns in courtyards:  Columns cannot be any higher than twelve inches (12") above the immediately adjacent courtyard wall but shall not exceed six feet (6').
Commissioner Benson suggested verbiage for gated communities: In a controlled gated development and CC&R's allow it, the City will only allow to it to this point. The gated communities will be governed by their CC&R's but no less than five feet (5'). We don't want the fight between the City standards and the gated communities. He asked if that would clarify things.
Kevin Rudd stated it would if a property owner wanted to go less than the CC&R's. CC&R's are more or less restrictive.
Dale Coulam stated that there will always be a dilemma because CC&R's are often different than zoning. Zoning is citywide and they have to comply with the minimum but CC&R's could be more restrictive. 
Commissioner Benson explained that we do not want CC&R's that says four feet (4') and the City is saying five feet (5'). Obviously, five feet (5') will rule and we all know that if the CC&R's say seven feet (7'), it rules.
Kevin Rudd advised that he has not had any zoning problems in a gated community in twenty years.
Commissioner Benson suggested verbiage in C (1): instead of varying heights use "undulating."
Entrance Archway to Courtyards: Kevin Rudd asked if they wanted to allow archways on public roads.
Commissioner Benson was not in favor of archways but suggested pushing the archways back.
Kevin Rudd suggested changing it from a ten foot (10') setback to a minimum archway of fifteen foot (15') setback.
Commissioner Benson commented as they work through this and want an entrance archway they have to compromise and push the courtyard wall back. If they do not want a ten foot (10') archway, then the courtyard can come forward. He did not know if fifteen feet (15') was the best setback.
Commissioner Anderson commented that sometimes it is an architectural feature, not just part of the wall.
Commissioner Benson explained that an archway is not usually connected by walls. If it is connected by a beam element and that connects to a garage, it is integrating it more but not just a ten foot (10') wall popping up.
Commissioner Anderson gave them an example.
The consensus was that an entrance archway needed to be setback further than ten feet (10').
Kevin Rudd suggested locating it in a side wall and not parallel to the street with a minimum setback from the home. Change to include: Cannot front face the street, parallel with the street and needs to be set back a minimum of 15-20 feet.
Commissioner Loris stated at least a minimum of fifteen feet (15').
Landscaping: The ordinance states that the front yard area outside the courtyard shall be landscaped. Basically the entire front yard will have to be landscaped. The area within the courtyard does not if it is not visible.
The Commissioners agreed to make the changes and set the amendment for the Public Hearing.

B.	Consider approval of the Ivins City Planning Commission minutes for March 5, 2013

MOTION: Commissioner Todd Benson moved to approve the Ivins City Planning Commission minutes for March 5, 2013
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	ABSENT

A.	Planning Commission (None)

B.	Chairman (None)

C.	Building & Zoning Administrator, Kevin Rudd

The Subdivision Lot Averaging will be scheduled for the next meeting. The City Council is currently looking at applications for students. The Sensitive Lands Committee is going to wait until the interns get through with their research before proposing changes.

D.	City Attorney, Dale Coulam (None)

E.	Items to be placed on future agendas

MOTION: Commissioner Lance Anderson 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	ABSENT

The meeting adjourned at 7:50 P.M.

Respectfully submitted,

Martha S. Wilson, CMC
Deputy City Recorder