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, Commissioner Bryan Pack, and Commissioner Mike Scott.
STAFF: City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd and City Recorder Kari Jimenez
AUDIENCE: Ken Miller, Leon and Myrtle Ott, Claudette Larsen, Lisa Rutherford, Rick Berger and others who did not sign in.
A. Acknowledgement of Quorum Chairperson Murphy acknowledged that there was a quorum present.
B. Flag Salute Commissioner Scott led the Flag Salute
C. Invocation Commissioner Pack gave the Invocation
D. Disclosures There were no disclosures or conflicts of interest with this meeting's agenda.
A. Concept Plan report on Crimson Canyon Subdivision located at approximately 250 E 300 N. Craig Flowers, owner/applicant. Kevin Rudd referred to a conceptual plan map for this subdivision. A copy is available by request through Ivins City Hall. This subdivision consists of 13 lots with a total of five (5) acres. The zoning for this property is RE-12.5 which is Residential Estates, minimum lot size 12,500 sq. ft. This is a conventional subdivision. The TRC (Technical Review Committee) reviewed the Concept Plan and the issue that was identified was that the length of the cul-de-sac exceeds the maximum 600' allowed by 130'. The TRC felt that the subdivision ordinance should be amended to meet the standards allowed in the International Fire Code, which allows cul-de-sac lengths to be 750'. Public Safety Chief Bob Flowers and Fire Chief Randy Hancey agreed with what is allowed in the International Fire Code.
Kevin Rudd clarified that this is a change to the Land Use Plan and not a zone change. The property consists of 20.56 acres and is in three (3) categories on the current Land Use Plan including Resort Commercial, Low Density Residential and Medium Density Residential. The property owner is requesting that the entire parcel be changed to Medium Density Residential. The current Land Use Plan shows a pod of Resort Commercial and High Density Residential on 600 West and Highway 91. That location is projected in the future to be a major intersection. Because of that, the TRC recommends that the southwest corner of the property remain Resort Commercial. Chairperson Adel Murphy opened the Public Hearing.
Property owner Ken Miller stated he doesn't have any problems with staff's recommendation. Lance Anderson commented as a resident and not as a Planning Commissioner, that there are utilities on the south side of the road on Highway 91 and are depicted in blue on the Land Use map that was provided in the Planning Commission packet. If residential is built against 400 South, that would leave a dead spot. Kevin Rudd indicated there is a fifteen foot (15') utility easement that has been recorded and there would need to be some negotiation with the other property owner because of the easement. Ken Miller stated he understands that and indicated that as plans develop, those things will need to be worked out. Kevin Rudd stated when a development goes in that area, it will open up an opportunity for the adjacent property owners to develop because currently there is no water or sewer there. There being no other comments, Chairperson Murphy closed the Public Hearing.Commissioner Lance Anderson indicated it's a good idea and indicated that with what staff is recommending, it gives the developer some flexibility with the mixed use bubble and the economy will dictate what type of development goes in. Commissioner Scott stated he likes the recommendation. Kevin Rudd indicated it gives a developer flexibility on the property.MOTION: Commissioner Jeffrey Loris moved to recommend approval of the General Plan Amendment to change the Land Use Plan on a 20.56 acre parcel located on the north side of 400 South between 400 West and 600 West from an existing designation of Low Density Residential, Medium Density Residential and Resort Commercial to a proposed designation of Medium Density Residential. Ken Miller, owner with the stipulation that the Planning Commission prefers the Land Use by the TRC(Technical Review Committee)
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 AYE
A. Discussion on allowing chickens in residential areas, amending setbacks for multi-family zone and amending cul-de-sac lengths in Subdivision Ordinance Discussion regarding allowing chickens in residential areas: Kevin Rudd stated some cities have placed this under their Animal Control ordinance which wouldn't require a Public Hearing but the City would like the residents' input and this will be addressed in ordinance form under a Land Use ordinance with a Public Hearing. It has become very popular to allow chickens in residential zones. All major cities have adopted this. Salt Lake City allows up to fifteen (15) chickens and lot size and zoning are not specified. Roosters are not allowed and it is for the production of food for the owners' own personal use and not for profit. Ivins City is proposing that chickens would only be allowed in a single family dwelling zone and limited based on the size of the lot or parcel. It's proposed that a maximum of ten (10) chickens would be allowed on a lot that is 12,500 sq. ft. or larger, a maximum of six (6) chickens would be allowed on a lot that is 10,000 sq. ft., a maximum of five (5) chickens on a lot that is 9,000 sq. ft., a maximum of four (4) chickens on a lot that is 8,000 sq. ft., and a maximum of three (3) chickens on a lot that is 7,500 sq. ft. There will also be size, location and sanitation requirements for chicken coops and pens; chickens would not be allowed to roam outside of the coop or enclosed pen and chicken feed would need to be stored in and dispensed from a rodent and predator proof container.
Commissioner Scott suggested clarifying how many chickens would be allowed on lots having a size range, such as 7500 sq. ft. to 7999 sq. ft. Chairperson Murphy inquired how the City would enforce the ordinance. Kevin Rudd indicated it would fall under Code Enforcement. There are a lot of people in the city that are keeping chickens and the only complaint the City has received is those that have roosters. Commissioner Loris referred to roosters not being allowed in residential zones and inquired if that is different for a residential agricultural zone. Kevin Rudd clarified there is no stipulation for agricultural zones and it isn't the sex of the birds in the agricultural zones, but the number of birds. The Planning Commission agreed with proceeding to a Public Hearing at the next Planning Commission meeting.Discussion regarding amending setbacks for multi-family zone: Kevin Rudd stated the intent is to ensure that buildings relate appropriately to surrounding developments and streets. He suggested the 25/10/10/25 rule. The minimum setbacks for multi-family dwelling units shall be twenty five (25) feet front setback, ten (10) feet side yard setback, ten (10) feet rear yard setback and twenty five (25) feet side yard setback on the street corner. The Planning Commission agreed with proceeding to a Public Hearing at the next Planning Commission meeting.
Discussion regarding amending cul-de-sac lengths in the Subdivision Ordinance and the maximum height of all primary buildings in the zoning ordinance: Kevin Rudd indicated the change is from 600' in length to 750' in length and is consistent with the International Fire Code. Dale Coulam clarified that the City just updated the fire and building codes and recognized there were two (2) conflicting codes as far as the length of cul-de-sacs. The Planning Commission agreed with proceeding to a Public Hearing at the next Planning Commission meeting.
Maximum Height of all Primary Buildings stated this addresses walkout basements and the requirement to obtain a special exception for a walkout basement. The Planning Commission agreed with proceeding to a Public Hearing at the next Planning Commission meeting. Commissioner Loris indicated he will put a photo together for the ordinance.
Commissioner Pack was excused at 6:35 p.m.
B. Discussion and review of the interns’ presentation of the Sensitive Lands Ordinance Chairperson Murphy indicated the interns' information was very informative and an eye opener as to how limiting the current ordinance is. Commissioner Anderson requested that when the Planning Commission discusses this that they use it as a perspective. Kevin Rudd stated the Sensitive Lands Committee Chair is present tonight and that committee has been very involved with the student intern committee and thinks it would be appropriate to invite the Sensitive Lands Committee to attend a Work Meeting with the Planning Commission. Dale Coulam indicated the interns provided a very well done project and he appreciated the visual concept. The interns didn't specify an exact recommendation but provided a couple of views of what something would look like if the Sensitive Lands Ordinance was changed. There are a couple of ways to approach it using some pieces of what the City has available and using what the interns have illustrated for the City. The City may be able to be more flexible in some areas as long as it looks the way the City wants it to and doesn't disturb the sensitive lands that the City is trying to protect. As it relates to commercial or high density residential, if an application came in now, by not having an ordinance that fits that application, the City risks having the ordinance and the protection of the sensitive lands thrown out and then the applicant is left to build whatever they want. In the interest of protecting the sensitive lands, it's important that the City move forward in a timely manner and get some regulations in place that may allow more flexibility. The low density residential restrictions do not work well when applying it to other land uses. He thinks the City needs to be open minded and the interns have helped to do that. The Planning Commission determined to hold a Work Meeting with the Sensitive Lands Committee on Tuesday, October 29, 2013 at 5:30 p.m. The regular Planning Commission meeting scheduled for Tuesday, November 5, 2013 will not be held because that is Election Day.
C. Consider approval of the Ivins City Planning Commission minutes for September 17, 2013 Commissioner Loris indicated he had a couple of changes. He referred to page two (2) line four (4) regarding the word "compromise" and indicated the word should be "compliment" so that it reads in part "compliment the wall". He referred to page six (6) line thirty-five (35) and indicated the words "Artesian Terrace" should be corrected to read "Lakota Ridge".MOTION: Commissioner Jeffrey Loris moved to approve the Ivins City Planning Commission minutes for September 17, 2013 as amended
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 Bryan Pack ABSENT
A. Planning Commission No reports
B. Chairman No report
C. Building & Zoning Administrator, Kevin Rudd No report
D. City Attorney, Dale Coulam Dale Coulam reported that the City Council is moving away from using thumb drives to receive the electronic agenda instead and is using a program called Dropbox. He inquired if the Planning Commission would like to move in the same direction. The Planning Commission indicated they would but would also like to continue receiving the thumb drives for awhile until they are used to using Dropbox.
E. Items to be placed on future agendas - None
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 Bryan Pack ABSENT
The meeting adjourned at 6:55 PM.Respectfully submitted, Kari Jimenez, CMC Ivins City Recorder