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 Attorney Dale Coulam and Building & Zoning Administrator Kevin Rudd
Audience: Claudette Larsen, Suzy Appel, and Gillian Papanikolas
A. Acknowledgement of Quorum Chair Murphy acknowledged there was a quorum. Commissioner Todd Benson was excused.
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 on Agenda Item 5 (A) for a Final Plat. Commissioner Scott and Chair Murphy had no disclosures or conflict of interests with the agenda items. Commissioner Loris disclosed that his term as Commissioner had expired. He could converse but could not vote on agenda items.
A. Concept Plan Report for Ivy Place subdivision located at approximately 50 East between 100 South and 200 South. Walter Gwynne Page Trust, owner, and Jay C. Page, applicant Kevin Rudd reported that the Commission recently held a public hearing on this subdivision and this body recommended to the City Council a Zone Change of R-1-10. After reviewing the Zone Change, the Council could see that the developer would not be able to develop all the lots at 7,500 square feet and passed the Zone Change at R-1-7.5 as originally requested by the developer. At one point the City Engineer felt that the road should go through because he thought there was a low point in the road that would need drainage. After reviewing it further, he was okay with the cul-de-sac, and it meets the City's regulations for cul-de-sac design. The three (3) lots facing 100 South will be walkout basement homes but they will still be restricted to a maximum height of twenty-five feet (25'). Kevin Rudd recommended that the depth of two lots be increased to seventy-five feet (75') because of the setbacks and building pad. It would then meet the minimum lot width. The smallest lot in the subdivision is 8,997 square feet. During the public hearing most of the neighbors were fine with the 10,000 square foot range. They were mainly concerned about all the lots being 7,500 square feet. The subdivision complies with the Zoning Ordinance and Subdivision regulations.
Commissioner Anderson suggested changing the angles on Lot 9 and Lot 10 and it would change the building envelope and the way the home is placed on the lot.
Kevin Rudd reported on the following amendments to the Zoning Regulations (copies available at Ivins City offices):
Subdivision Lot Averaging Overlay District (SLA) (Section 16.07.701-16.07.709):
The overlay district can be used when a developer submits a subdivision plan and it can be attached to the subdivision application. A subdivision plan application is required with the overlay district. A person could not arbitrarily come in and ask for the overlay district to be put on their property. If a subdivision is not developed after a plan has been approved, the overlay will go away. There will be a public hearing on both the subdivision application and overlay district together.
Zoning Districts Allowed: RE-75.0, RE-43.0, RE-37.0, RE-25.0, RE-20.0, RE17.5.0 RE-15.0, RE-12.5.0 and R-1-10.
Lot Averaging Formula: The total combined square footage of all lots divided by the total number of lots shall be equal to or greater than the base zone minimum lot size.
Minimum lot Size Requirements: A maximum of 25% of the total lots may be less than minimum allowed lot size of the base zone. No lot shall be less than 75% of the minimum lot size of the base zone. Example: If the property is zoned 10,000 square foot lots, no lot could be less than 7,500 square feet.
This overlay meets the spirit of the underlying zone and it is a good compromise.
Smaller Accessory Buildings; Exemption from Building Permit Requirements (Section 16.12.105):
International Residential Code has changed the code to allow 200 square foot accessory building before it requires a permit. In the past, the minimum square footage was 120 square feet. The code officials realized that 200 square feet is fine for an accessory building without a permit. It still needs to meet all the requirements for setbacks, etc. of the City. This change is to bring it current with the building code.
Requirements for Fences and Walls (Section 16.11.135 (4)):
Front Yard Courtyard Walls:
This change allows courtyard walls to encroach into front yard setbacks. In the example displayed the courtyard walls would be higher than the current ordinance allows in the front yard setbacks. Santa Clara has amended their ordinance to allow the courtyards in the front yard setbacks because it's a popular design in houses.
Definition: It's a walled area in the front yard which is open to the sky for use as a private, outdoor patio.
Front Yard Setbacks: Courtyard walls shall be located not less than 10' from the back of the sidewalk or 10' from the property line where no sidewalk exists.
Gated Developments: Gated developments shall be located not less than 5' from the back of the sidewalk or 5' from the property line where no sidewalk exists.
Side Yard Setbacks: located not less than 7'6" from the side yard property line. This is an easement requirement around all lots. Gated communities can locate it to the property line.
Height: Front Yard facing Courtyard walls located 10'-15' from the front property line shall not exceed 4'6" excepting undulating walls (Entrada type walls) may have a 50% of the wall at 5' maximum height (gated communities shall not exceed 6'). An example was displayed and discussed.
Side Yard Facing Courtyard Wall: If located 15' or greater from the front property line, it shall not exceed 5'6". Gated developments shall not exceed 6' in the front yard. Gated developments are controlled by the architectural committee.
Columns: Maximum height is 12" above the adjacent courtyard wall but shall not exceed 6'.
Entrance Archway: A maximum of one (1) archway allowed in the side yard facing courtyard walls only, with a minimum 15' setback from the front property line and shall not exceed 10' in height.
Permit: A permit and plans are required that includes a plot plan showing all property lines, structures, setbacks and front and side design elevations of courtyard incorporating primary residence.
Additional Requirements: Front yard areas outside the courtyard wall shall be landscaped. Courtyard design, color and materials shall compliment and blend with the primary residence. They shall comply with 16.11.117 "Clear View at Driveways."Chair Murphy opened the public hearing.
Suzy Appel is a resident and a realtor in Ivins City. Recently, a homeowner commented to her that she liked private courtyards because Ivins is about outdoor living, and when in the courtyard they can see the view, enjoy the space but not see all the cars driving by. She was glad that the City has taken the time to identify what the height is for privacy but it is not too high so we don't feel enclosed. Part of the reason people buy these homes is for the outdoor living and views.
Chair Murphy closed the Public Hearing.Commissioner Anderson commented that Staff has done a good job.
Chair Murphy mentioned that the Commissioners had previously discussed the amendments at a couple of meetings. The Commissioners expressed their ideas at that time and were in favor of the changes that have been made.MOTION: Commissioner Mike Scott moved to recommend proposed amendments to the Ivins City Code, Zoning Regulations Title 16 Chapter 7, adding Sections 16.07.701-16.07.709 Subdivision Lot Averaging Overlay District (SLA); amending Chapter 12, Section 16.12.105 Smaller Accessory Buildings; Exemption from Building Permit Requirements and Chapter 11, adding Section 16.11.135 (4) Front Yard Courtyard Walls. Ivins City, applicant
SECOND: Commissioner Lance Anderson
VOTE: The motion carried.
Chair Adel Murphy AYE Commissioner Lance Anderson AYE Commissioner Mike Scott AYE Commissioner Jeffrey Loris ABSTAIN Commissioner Todd Benson ABSENT
Chair Murphy asked if there was a conflict of interest since Commissioner Anderson is the applicant.
Dale Coulam advised that the Commissioner disclosed that he is the applicant. Therefore, the law still allows him to participate. On a Final Plat, it is primarily a review by Staff to make sure it is in compliance with the Preliminary Plan. If Kevin Rudd reports that it complies with the Preliminary Plan, he could not see a basis to deny approval of the plat.
Kevin Rudd referred to the vicinity map and pointed out the location of the property. The lots are along the wash and that is why a "No Build" zone was created. The "No Build" zone was done some time ago after a review by the Sensitive Lands Committee. The plan is consistent with the Preliminary Plan which was approved by the Commission. The Technical Review Committee reviewed it on March 28, 2013 and recommends it for approval.MOTION: Commissioner Mike Scott moved to approve of a Final Plat for Taviawk Subdivision Phase IX-J located on Wicasa Way and Yamka Court approximately 718 West Wicasa Way. R.T. Marten and Canadian Capitol Corp, owners, and Lance Anderson, applicant
SECOND: Chair Adel Murphy
VOTE: The motion carried.
Chair Adel Murphy AYE Commissioner Lance Anderson AYE Commissioner Mike Scott AYE Commissioner Jeffrey Loris ABSTAIN Commissioner Todd Benson ABSENT
B. Elect a Chair and Vice Chair for the Planning Commission meetings for 2013 Commissioner Anderson nominated Commissioner Adel Murphy as Chair and Commissioner Mike Scott as Vice Chair for 2013 Planning Commission meetings.
Commissioner Murphy and Commissioner Scott were willing to accept the positions.MOTION: Commissioner Lance Anderson moved to recommend Commissioner Adel Murphy as Chair and Commissioner Mike Scott as Vice Chair for the Planning Commission meetings for 2013.
SECOND: Commissioner Mike Scott
VOTE: The motion carried.
Chair Adel Murphy AYE Commissioner Lance Anderson AYE Commissioner Mike Scott AYE Commissioner Jeffrey Loris ABSTAIN Commissioner Todd Benson ABSENT
C. Consider approval of the Ivins City Planning Commission minutes for March 19, 2013 Welcome and Call to Order, Delete: Commissioner Mike Scott as he was absent on March 19.
Page 8, Item 4 (D) Change: "Commissioner Loris noted that sense... to Commissioner Loris noted that since...."MOTION: Commissioner Mike Scott moved to approve of the Ivins City Planning Commission minutes for March 19, 2013 as amended.
SECOND: Commissioner Lance Anderson
VOTE: The motion carried.
Chair Adel Murphy AYE Commissioner Lance Anderson AYE Commissioner Mike Scott AYE Commissioner Jeffrey Loris ABSTAIN Commissioner Todd Benson ABSENT
A. Planning Commission (None)
B. Chairman (None)
C. Building & Zoning Administrator, Kevin Rudd (None)
D. City Attorney, Dale Coulam (None)
E. Items to be placed on future agendas 1. Preliminary Plan for the Palisades
Kevin Rudd reported that there will be several notices going out to Chancel Cliffs Subdivision and could generate a well attended public hearing.
SECOND: Commissioner Mike Scott
VOTE: The motion carried.
Chair Adel Murphy AYE Commissioner Lance Anderson AYE Commissioner Mike Scott AYE Commissioner Jeffrey Loris ABSTAIN Commissioner Todd Benson ABSENT
There meeting adjourned at 6:02 P.M.
Respectfully submitted,
Martha S. Wilson, CMC
Deputy City Recorder