CHAIRMAN AND COMMISSIONERS:
The meeting was called to order at
05:31 p.m. All present included
Chair Adel Murphy,
Commissioner Lance Anderson,
Commissioner Jeffrey Loris,
and Commissioner Bryan Pack.
STAFF: City Attorney Dale Coulam, Building & Zoning Administrator Kevin Rudd and Deputy City Recorder Martha Wilson
AUDIENCE: Claudette Larsen, Justin Auroin, Jake Skinner, Zach Renstrom, Annette Roberts, Steve Roberts, Bryant and Melinda Edgington, Chuck Walrath, Hal Jones, and Ken Miller
Chair Murphy acknowledged there was a quorum.
Commissioner Pack led the Flag Salute.
Commissioner Loris led the Invocation.
There were no disclosures or conflict of interests with this meeting's agenda.
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2) |
REPORTS AND PRESENTATIONS (None) |
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3) |
BUSINESS LICENSES (None) |
Kevin Rudd reported the subdivision is already under construction and the improvements are being installed. A permit has been issued for a model home in Phase 1. During excavation the developer discovered expansive clay (blue clay) in the southwest area of the development. The developer decided that the way the subdivision was configured it was not good for the homes that they were going to build in that area. The park will be in the area where there are soil issues. Therefore, they have submitted an amended plan. It opens up the views for some homes in the Heritage Estates and the impact will be less. The homes that border 200 East will have a landscape buffer behind the homes. The Transportation Plan shows the future Western Corridor to the north of this project and a piece of land was acquired for a future roundabout. Where it abuts Heritage Estates the grade is the same as the original plan. The water will flow away from the lots and down the street. The original plan proposed a dog park but there is no going to be a dog park which lessens the impact. The park will be open and there's no plan for lighting. It may be used as a soccer field or flag football.
Staff reviewed the plan and recommends approval as it is consistent with the other plan and has the same amount of open space in the park. There will be 52 lots in the subdivision.
Commissioner Anderson asked if there is a trail through the park.
Kevin Rudd explained that it's a drainage area and will serve as a detention basin. It is lightly graded with a slope area.
Dale Coulam explained that it is also intended to be paved as an access to the park so that the park will have a second access. It is for drainage but it will be paved over to be used as a walkway into the park.
Commissioner Loris referred to the south side of the park that has steep contours of grade and asked about putting a retaining system to compliment the wall and houses that are already there.
Kevin Rudd stated the developer felt that if they put a retaining wall in it could compromise the walls that are already there. It will be left as a slope, possibly with grass, but it's not proposed to be retained.
Commissioner Loris asked what the elevation difference is between the existing homes and the park.
Kevin Rudd commented approximately 3-5 feet.
Commissioner Loris stated that's standard two foot (2') contours.
Commissioner Anderson asked about maintenance of the slope area if it's grass.
Dale Coulam stated the City has yet to do a design as to what will go in the park. This configuration is not cut into by a road. It's possible to have a walking path with low bollard lighting that would add some security but not overhead lighting. There will probably be a playground, pavilion and restroom facilities. No ball fields have been planned except for an open area to practice or play. It will be graded before it is donated to the City but the slopes will be left there. After it meets the requirements, the bank will donate it to the City and it will then be the City's project. As far as timing of improvements, Phase 1 will include street improvements on 400 East and the patch on 200 East along Heritage Estates. In Phase 2 the street, sidewalk and landscape improvements will be completed on 200 East and Phase 3 will start the design and development of the park improvements. The landscape and park is the same amount of open space as in the previous plan.
Chair Murphy opened the Public Hearing.
Chuck Walrath lives in Heritage Estate and asked if fencing or walls were planned to divide the homes from the park area.
John Zarada lives in Heritage Estates and his house backs up to the park. He was concerned about the time line of finishing the park and the slope and why the City would want to water grass versus having gravel and shrubs. He was also concerned about the lighting even if it is low lighting.
Deloris Smith lives in Heritage and she asked what the height will be on the homes and are they going to be two stories. She also asked if there will be a walkway behind the Heritage Estates wall.
After no further response Chair Murphy closed the Public Hearing.
Dale Coulam explained that fencing is addressed in the Development Agreement. Perimeter fencing along the two streets and what borders the Western Corridor will be a standard six foot (6') block wall and staggered at intervals at one foot (1'). The wall next to the park will probably be six foot (6'). There was an option in the Development Agreement if someone wants to put a four foot (4') wall with two foot (2') railing on top that they could do that. There is no walkway that abuts Heritage Estates. The only walkway would possibly be a track that goes around the park area and a walkway for the drainage. The height of homes along Heritage Estates is limited to twenty-two feet (22') even though the ordinance allows twenty-five (25'). The pads will be a little lower than Heritage Estates and no two story homes are allowed. The homes are significantly lower than what the ordinance would allow.
Kevin Rudd stated that the homes are either hip or gable roof. Ence is the builder and most of their homes are under twenty-two feet (22').
Commissioner Loris commented that the homes are similar to Anthem Estates and SunCrest West in style and height.
Dale Coulam advised that the park will be donated before they start on Phase 2. The developer's timing as far as payment to the City is triggered either upon 30 building permits being issued or starting of Phase 3 whichever is earlier. That allows the developers to build on thirty (30) lots and accumulate some money to pay the one time payment and for the City to accumulate the park impact fees. There is not an exact time frame although Ence usually moves homes along in a timely fashion.
MOTION: Commissioner Jeffrey Loris moved to recommend approval of an Amended Preliminary Plan for Desert Rose Subdivision with Subdivision Enhancement Overlay District. Salisbury Developers, Inc., owner, and Development Solutions, Ken Miller, applicants
SECOND: Commissioner Lance Anderson
VOTE: The motion carried unanimously.
| Chair Adel Murphy |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
ABSENT |
Kevin Rudd reported that this profile refers to a Concept Plan on the west side of 200 East between 800 South and 600 South and abuts the Discovery Subdivision. Last year this parcel was rezoned from commercial to R-1-5 (Single Family Residential ) zone. It is a narrow piece of property. Originally, when the property was subdivided the intent was to have several access points from 200 East. Now that the property has been zoned residential the City doesn't want any more access from 200 East. These homes cannot access from 200 East. Because the property is narrow it is difficult for them to design this project under the City's current design standards. Therefore, we are proposing an amendment to allow for a design standard that would work specifically with this project. The private shared access drive requirements were displayed (Addendum No. 3):
1. 24-foot wide asphalt, concrete, masonry or equivalent improved drivable surface
2. Signed no parking on one side
3. Concrete curb and gutter is required on both sides when drive is longer than 200 feet except in rural zone. In all cases, it may be necessary to consider drainage improvements such as curb and gutter.
4. The gutter is considered part of the drivable surface. A mountable curb is also considered part of the drivable surface.
5. To reduce parking problems, vehicle garages shall be setback from alley at least 20 feet, unless an off-street parking area is provided within the project.
Staff recommends approval. If the City doesn't provide a way to access these homes it makes the property difficult to develop for single family dwellings. The developer is not proposing 5,000 square foot homes but in the range of 10,000 square foot lots. The lots will be similar to the Discovery Subdivision. Staff feels like this is a workable solution for this problem.
Commissioner Loris asked if this access was going to be against the Discovery wall and this twenty-four foot (24') access is from the face of the fence and forward. He was concerned about twenty-four feet (24') being a tight access when two cars are passing. Is there any stipulation that the roadway has to be kept clean, no parking and has to be access only?
Kevin Rudd explained that public safety access where it abuts 200 East would be for emergency. The homes would front 200 East. It would be a private alley way from their personal access. Their neighbors will have an alley behind their homes but if it were rezoned commercial, they would have a commercial building ten foot (10') away from their property line.
Commissioner Anderson asked if the amendment is just for that property or intended for the rest of the City.
Dale Coulam stated that it is an addendum to the Transportation Master Plan and it would apply to anywhere in the City. These standards could be used in other areas where there is a tight piece of property. The conditions and restrictions are some that this developer is willing to do and they seem reasonable. Chuck Gillette has worked with their developers and engineers and believes these are reasonable restrictions that could be used anywhere in the City. The nearest structure would be forty-four (44') feet away from the adjoining subdivision which would be the garage, and the house would be set back even further. The house is closer to 200 East which would be their front yards but they don't have access from 200 East. The access would be this private access. It minimizes the impact to the adjoining subdivision.
Commission Anderson asked if Randy Hancey, Fire Chief, could get around the homes with the hose because they can't use the alley.
Dale Coulam stated a fire would be fought from 200 East. The other issue considered was the garbage trucks. The diameter of the cul-de-sac is similar to the developments across the street. The City has cul-de-sacs of the same size and Allied Waste seems to be able to negotiate around them.
Kevin Rudd commented the City would use the following standard parameters when a future developer comes in: 1. the access is not required for adequate emergency or fire response. 2. Using public street standards does not allow for reasonable development per property zoning. The developer has to demonstrate to Staff that there are constraints on the property that prevents them from being able to develop the property using standard street profile.
Commissioner Loris asked if the building envelop off 200 East was twenty-five feet (25') from the curb.
Kevin Rudd stated it depends on whether it is the front or rear yard. In this case it's the front yard at twenty-five feet (25'). There will be a landscape buffer and a ten foot (10') asphalt walking/biking path.
Commissioner Loris asked if that was part of the twenty-five (25') or in addition to the setback.
Kevin Rudd advised that it has not been determined. It may be included in the setback.
Commissioner Anderson agreed with Commission Loris that when curb is right against the wall, it pushes the car over. Maybe give up some of the yard and include a landscape buffer along the wall. It would lighten up the asphalt against the wall.
Commissioner Loris suggested even a two foot (2') strip such as a two foot (2') mounted curb.
Kevin Rudd advised that this is something that could be considered when the subdivision plan comes forward. Since you have brought up your concern already, this can be discussed in the Technical Review Committee (TRC) during the subdivision review about creating two landscape buffers.
Commissioner Loris commented that it's not just damage to the vehicle but there could be damage to the wall.
Commissioner Anderson suggested adding, "if this profile is next to the wall it would be understood to have a buffer."
Chair Murphy opened the Public Hearing and with no response closed the Public Hearing.
Commissioner Anderson suggested the following language: "if a wall exists or barrier exists allow two feet (2') or more." He also mentioned having a landscape buffer. When asphalt dead ends against a wall, it's hard to maintain.
Commissioner Loris commented that most of the time this profile will be in a residential area with a block wall or a fence. A two foot (2') sidewalk is usually neglected but landscape or bushes would be maintained.
Kevin Rudd stated Staff's concern about this project is that a front setback has to be maintained plus create a parking area for a garage. They have a twenty-five foot (25') setback and a twenty-foot setback (20'). If another two feet (2') is added, will it work?
Dale Coulam asked Zach Renstrom if adding two feet (2') would let them meet the front and rear setbacks and build the house.
Zach Restrom with Bush and Gudgell Engineering advised that it would make it tougher and squeeze the houses more. The reason we asked for the curb to be installed is to have a two foot (2') buffer. It's hard to design and that's why we have worked with Staff asking what width is reasonable. We discussed having a landscape buffer with the owner of the property but felt there would be a maintenance issue and it would get trashed. The Homeowners Association will maintain the road and maintain the strip if there is one. He suggested keeping this profile as is because it applies to the entire City. When the Preliminary Plan is submitted, we could look at it some more with Staff.
Dale Coulam explained this discussion is referring to a Concept Plan which is not before the Commission. This is a discussion on a street cross section. If a Concept Plan comes in and it's next to a wall, we could say back it off the wall. Then, the specific setbacks would be in front of the Commissioners to discuss.
Commissioner Pack asked if there is a way to take whatever footage there is on the setback and take two feet (2') and put it on the other side of the road so that you have the same distance between the wall and the structure. The road just shifts over two feet (2').
Dale Coulam explained that the driveway would have to be shortened two feet (2'). We can look at options but cannot just arbitrary change the setback back numbers. The question is there enough room and we don't have the specifics.
Kevin Rudd stated the lots are 117' from back of sidewalk to back of curb.
Zach Renstrom felt it was something to look at during the Preliminary Plan because this project is unique as to what the front yard setback is and what the back is. The front door will face 200 East. The addressing is up to the City as to whether it's off 200 East. The property owners wants twenty feet (25') from the alley way to the garage because twenty-feet (25') is enough for a car or a big truck to park and not have the back end of the truck sticking out in the street.
Chair Murphy asked if parking is allowed on 200 East.
Dale Coulam stated the City does not anticipate having parking on 200 East.
Commissioner Anderson explained that he was looking at it visually but if the City wants to review it each time there is a plan he did not have a problem with leaving the additional condition off.
Dale Coulam explained that it is the Commission's recommendation, and they can add a condition stating if it's next to a fence there has to be a two foot (2') buffer from the back of the curb.
Commissioner Loris did some calculations of the lots and advised that the home would be approximately 3,100 square feet including the garage with the livable area at 2,500 square feet. It's a reasonable home if we don't encroach on it anymore.
Commissioner Pack commented the City will have design options as each project comes forward to review. If we don't put the requirement in, we still have a chance to look at it case by case.
Dale Coulam commented they can but Commissioner Anderson is right if it is written in the requirement it's clear and the developer knows up front.
Commissioner Pack was inclined to leave the language as is to give the developer the option to have the two feet (2').
Kevin Rudd noted that the zoning is R-1-5 zone and it has a twenty-foot front (20') front yard setback. Even though they are going with larger lots they still have the same setbacks as the smaller lots. They could push the houses closer to 200 East.
Chair Murphy was inclined to leave it up to the City during the review process of the plan unless it would be a problem if they didn't put in the condition.
Kevin Rudd didn't think it would be a problem. If the Commission thinks it's a safety issue or a problem with respecting someone else private property, it can be discussed during the review of plan. When this becomes a public hearing, it will come up with the homeowners that live in the Discovery Subdivision.
Commissioner Loris commented that the addendum is about a shared access and not a particular location and he felt it would be okay to leave the language as it is.
Commissioner Anderson was also okay to leave the addendum as is.
MOTION: Commissioner Jeffrey Loris moved to recommend approval on a proposed Addendum No. 3 to the 2008 Ivins Transportation Master Plan regarding private shared access drive requirements. Walter Plum, applicant
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
| Chair Adel Murphy |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
ABSENT |
Kevin Rudd explained the current Zoning Ordinance has a Special Exception section. A Special Exception is not the same as a Variance in that a Special Exception lists specific exceptions, and one is an increase in height. The current Zoning Ordinance defines height as if it is a flat world. However, there are varying heights especially in walkout basements, and this is the case for lots in the Red Mountain Estates Development. Justin Aucoin with Desert Sky and Jake Skinner, superintendent, submitted this application and letter. When looking at homes that are slab on grade from the street, it looks the same as a walkout basement home. Then, why should a walkout basement home be lower than the home next to it that's on a slab.
Kevin Rudd stated that there should be some parameters set for a walkout basement. Some illustrations were displayed showing the proposed height of the home. Other photos showed the front view of a slab on grade home and front view of a walkout basement home. The height of the proposed home at the street level is just less than twenty feet (20'). On a slab on grade home it is basically a twenty foot (20') home. Staff recommends the following conditions:
1. Maximum building height from average grade shall not exceed 25' as shown in Exhibit #1
2. The foundation height shall not exceed 1'6" above upper grade as shown on Exhibit #1.
3. The home shall not exceed one story above the foundation as shown in Exhibit#1.
The maximum height allowance in the ordinance is twenty-five feet (25') and can be two stories if they can squeeze in two stories. When there is a varying lot level, he suggests that it should be measured based on an average grade (see Exhibit #1). This would limit a walkout basement on height but it is a good compromise.
Commissioner Anderson asked if there were any restrictions on the height of the back of the home.
Kevin Rudd explained that some builders put in a retaining wall and fill the lot with soil, and then build a slab on grade home on the lot. The question is could we stop them from filling it in and building a retaining wall. Yes, more of the house will be visible from the back.
Commissioner Loris mentioned that Ence Homes has done several homes in Artesian Terrace with huge retaining walls and a small house. He commented on the 1'6" maximum height from the street. According to code there has to be a minimum height of 6" from the top of any established slab down to grade. So we are looking at a 12" floor. This house has 18" floor and I've seen it with 24" floor trusses. They could not put an 18" or 24" on top of a concrete wall with this requirement.
Kevin Rudd explained that this would be from the top of the concrete foundation, not the floor height. If they have a 5/12 pitch it would have to be reduced. He gave an example in Quail Cove that has a basement but they are using a 4/12 pitch.
Commissioner Anderson asked if the back of the home would be approximately thirty feet (30').
Kevin Rudd stated that it would be thirty feet (30'). The walkout basements, which back onto 200 North, will have an impact on the view from the road but the homes are not three stories as many of the homes you see in other communities.
Commissioner Loris commented that where it is being built it has a walkout basement but there is open space behind it with approximately sixty feet (60'), a wall and landscape buffer.
Kevin Rudd advised that there are 15-20 walkout basement lots in Red Mountain Estates and this will require them to come in on every one of the homes. This is something that we may want to address in the Zoning Ordinance so that each person would not have to come in for a Special Exception.
Commissioner Anderson commented that in the subdivision itself it is not an issue but his concern is on major and minor collectors. Inside the subdivision they should have more flexibility.
The consensus was to go with the staff's recommendations for this particular home.
MOTION: Commissioner Jeffrey Loris moved to recommend the Special Exception on Lot #74 located at 342 E 400 N in Red Mountain Estates Subdivisions with regard to the height of the home with staff parameters. Robert Jarvis property owner, and Desert Sky homes, applicants
SECOND: Commissioner Lance Anderson
VOTE: The motion carried unanimously.
| Chair Adel Murphy |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
ABSENT |
Kevin Rudd reported on some main issues of allowing chickens in residential areas:
1. No roosters: It's the number one complaint.
2. Minimum lot size: The number of chickens relative to the lot size.
3. Setbacks of enclosures: Setting setbacks to keep chicken coops from being against the neighbors walls. He suggested five feet (5').
Commissioner Loris mentioned that the ordinance for accessory buildings such as garages has a three foot (3') setback.
Kevin Rudd asked if the Commissioners wanted Staff to start with a draft. He asked for feedback on the size lot that the chickens should be allowed on.
Commissioner Loris commented that 7,500 square feet seemed too small. An example is a bunch of chickens in Sun Crest West. Those lots are 7,500 - 9,000 square foot lots. He suggested at least 10,000 square feet to keep from bothering the neighbors.
Chair Murphy asked if St. George passed the ordinance.
Kevin Rudd advised that St. George passed the ordinance. He thought they limited it to 10,000 square feet.
Commissioner Anderson stated the size of the lot could be limited to the number of chickens allowed.
Chair Murphy also suggested it could be done on a sliding scale.
Commissioner Loris asked if it should be based on zoning or the actual square footage of the lot. He suggested a ratio of two (2) at 7,500, three (3) at 10,000, etc.
Chair Murphy was inclined to do it by zone.
Kevin Rudd explained that this came forward from Council Member Ron Densley after receiving some calls from residents.
Commissioner Anderson commented that they could ask the residents what they want.
Chair Murphy stated that if it goes to a public hearing you will get comments both for and against.
Commissioner Loris asked if there were stipulations in CC&R's and would it hurt Home Owner Associations.
The CC&R's override the ordinance.
Kevin Rudd gave an example in Heritage Estates. If the City passed the ordinance and someone got chickens and wanted to take them to civil court, he thought they would win on the CC&R's because it says domestic animals.
Chair Murphy noted that she would like to see more than three (3') for the setback.
Commissioner Pack asked how much space should be added when adding an extra chicken. Would you double the space when you go from two to four?
Commissioner Loris explained that it would double the price of the coop if they have to put up a fence all the way around instead of utilizing the existing fencing or wall.
Commissioner Anderson felt they should gather some information such as how many square feet is needed for chickens, etc.
Commissioner Pack asked if the issue with the setback is to keep from bothering the neighbors.
Chair Murphy felt it was but she would rather hear a chicken clucking rather than a dog barking.
Kevin Rudd advised that most of the complaints are the roosters.
Kevin Rudd will gather some information from other city ordinances and bring it back for discussion.
MOTION: Commissioner Bryan Pack moved to approve the Ivins City Planning Commission minutes for September 3, 2013
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried unanimously.
| Chair Adel Murphy |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
ABSENT |
Kevin Rudd commented on the study that the interims did on the Sensitive Lands Ordinance. The City Council gave the direction for the Planning Commission to take this presentation and review the Sensitive Lands Ordinance with these recommendations. Then make a recommendation to the City Council as to what and if an amendment should be made to the Sensitive Lands Ordinance as a result of this report. The Council did not direct the Sensitive Lands Committee to report to the Commission but during the review if you ask for input and comments they are available.
Commissioner Anderson asked if the Commission is just using the presentation as a guiding tool.
Kevin Rudd stated, "Yes."
Commissioner Anderson didn't want to get stuck on a third perspective. However, they did a good job and when you apply something it become something.
Chair Murphy suggested that the Commission review it and then have a discussion at the next meeting before writing a recommendation.
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D. |
City Attorney, Dale Coulam |
1. Continue the discussion on chickens
2. Discuss the Sensitive Lands Ordinance
3. Public Hearing on a General Plan Amendment
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 Jeffrey Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
ABSENT |
The meeting adjourned at 6:54 PM
Respectfully submitted,
Martha S. Wilson, CMC
Deputy City Recorder