Planning Commission

Copy of the City of Ivins record for Planning Commission, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.

IVINS CITY
PLANNING COMMISSION
MINUTES
February 18, 2014
435-628-0606

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 Deputy City Recorder Martha Wilson
AUDIENCE: Claudette Larsen, Ken Miller, Geoff Horner, Andrea Cooper, Samuel Valadez and Ben Jamin Bergens.

A.	Acknowledgement of Quorum

Chair Murphy acknowledged there was a quorum present.

B.	Flag Salute

Commissioner Loris led the Flag Salute.

C.	Invocation

Commissioner Pack led the Invocation.

D.	Disclosures

Commissioner Pack disclosed that Mike Morgan the applicant on agenda Item 4C and 4D is a client of his former law firm.
The other Commissioners had no disclosures or conflicts of interest with items on this meeting's agenda.

2)	REPORTS AND PRESENTATIONS (None)

3)	BUSINESS LICENSES (None)

Kevin Rudd reported the Preliminary Plan for Four Over One Subdivision is located approximately 200 East and 100 North. This property is an old township lot and on one half is an existing duplex that will be located on Lot #1. The applicant is proposing to subdivide this lot in order to place another multi-family unit on the other lot (Lot#2). The Technical Review Committee (TRC) reviewed this and recommends approval. When the applicant decides to build another multi-family unit on this parcel, there will be a Conditional Use Permit (CUP) that would come before the Commission to review.

Chair Murphy opened the Public Hearing and with no response closed the Public Hearing.

Commissioner Loris inquired if the applicants made the changes that were previously requested after the Commissioners reviewed the Concept Plan.
Kevin Rudd explained that on the Concept Plan one lot was sixty-five feet (65'), and it needed to be at least seventy feet (70') to meet the setback requirements for the existing duplex. Those changes have been made.

MOTION: Commissioner Jeffrey Loris moved to recommend approval on a Preliminary Plan for Four Over One Subdivision located on 177 East 100 North. Janice Warner, applicant
SECOND: Commissioner Bryan Pack

VOTE: The motion carried unanimously.

Kevin Rudd displayed an aerial photo of the property which is currently zoned M-H (Mobile Home District). There is an existing home on the parcel that was built in 1994-95. After the home was built, the owners illegally subdivided the lot by recording a deed using metes and bounds descriptions rather than going through the subdivision process. South of 200 North the zoning is RE-12.5 (Residential Estates, minimum lot size 12,500 sq ft lots), and north of 200 North the zone is M-H (Mobile Home District). The lot widths for the Mobile Home District are eighty feet (80') and the lots in the old township are one hundred forty-five feet (145'). When these lots are split, the lot widths are 72.5'. There are two (2) options for this Zone Change. One option is to grant the Zone Change on the one lot. The TRC agreed that the Zone Change works because it provides for infill development. The other option is to change the ordinance to say all residential lots within the boundaries of the Old Township can be 72.5'.
Commissioner Anderson inquired that if they change the ordinance it would encourage infill development instead of everyone coming in for a Zone Change.
Kevin Rudd stated it would because there are some other parcels south of 300 North that face the same situation.
Commissioner Anderson was in favor of encouraging infill and it helps clean up the area.
Commissioner Loris commented that the Commissioners just approved the Four Over One plan which is 70' wide and this option is 72.5'. The width is approximately the same with the same size lot but a little deeper.
Chair Murphy opened the Public Hearing. She indicated that the Commission had received a letter from Randall Warburton located at 345 North Main Street stating he did not see a reason for a Zone Change unless a builder was going to build a house. There were no further comments. The Public Hearing was closed.

Kevin Rudd commented that if the Commissioners recommend the RE-12.5 zone change, the current Zoning Ordinance says any RE-12.5 lot within those boundaries can be 72.5' in width. If the ordinance is amended to allow the M-H, R-1-10 and the R-1-7.5 zones to be 72.5', those are the zones within the Old Township. It means amending the Table of Uses to allow the 72.5' in those zones within that boundary.
Commissioner Scott asked if the existing home is a single family home.
Kevin Rudd stated it is not a mobile home but a stick built home.
Commissioner Scott asked if the purpose of the Zone Change was to take something that has been illegally done and make it work.
Kevin Rudd stated, yes because they are trying to sell the vacant lot.
The lot has been split at the recorder's office but they need the change to sell the lot and obtain a building permit.
Commissioner Scott asked if we need an additional Public Hearing if we want to change the ordinance.
Dale Coulam explained that it can be changed under this Public Hearing by considering a broader scope. There would still be a Public Hearing at the City Council level.
Commissioner Scott inquired about a planner strongly recommending the area to be left zoned as M-H zone. He prefers the zone to reflect whatever is in the zone.
Kevin Rudd explained that he did not know the rational of the planner back in 2005 when he reviewed the Zoning Ordinance, etc. but his recommendation was to leave it M-H zone.
Commissioner Scott inquired if there would be complications if they approved the RE-12.5 zone and also amended the Zoning Ordinance.
Commissioner Anderson noted if we allow the 72.5' in these zones, the owners of the other lots don't have to come in and change the zoning, and anyone in the M-H can come in and build a house on the lot.
The consensus was to amend the ordinance to 72.5' in Medium Density of the Old Township lots.

MOTION: Commissioner Mike Scott moved to recommend a Zone Change South of 300 North in the Old Township to allow lot widths of 72.5 feet in Medium Density Residential zones. Mike Morgan, applicant
SECOND: Commissioner Jeffrey Loris

VOTE: The motion carried unanimously.

Kevin Rudd reported the Commission recently reviewed Phase 2 and since the developers had their equipment on site they would work on the improvements for Phase 3. It may be a year before the improvements are complete and Phase 3 is recorded. But this will allow them to put the road in and make the improvements. Phase 3 consists of eighteen (18) lots with a total acreage of 3.549. TRC reviewed the phase, and it is consistent with the Preliminary Plan. There are no new changes and it is the last phase.
Commissioner Anderson understood if they had a Preliminary Plan they could do the improvements.
Kevin Rudd stated it has a Development Agreement that spells out the length of time and improvements.
Dale Coulam explained that before the developer can record Phase 2 they have to dedicate the Park property to the City. They are not looking to record Phase 3 but want to get approval so that they can move dirt and do the improvements while the equipment is on site.
Commissioner Anderson asked if the Final Plat has an expiration date.
Dale Coulam stated that the Development Agreement does outlines some time tables as far as when the park needs to commence construction and when they need to pay the money to the City for the park.

MOTION: Commissioner Jeffrey Loris moved to approve a Final Plat for Desert Rose Subdivision Phase 3 located approximately 930 South and 300 East. New Desert Holdings LLC, owner, and Development Solutions Inc/Ken Miller, applicant
SECOND: Commissioner Lance Anderson

VOTE: The motion carried unanimously.

After reviewing and discussing the proposed changes to the Sensitive Lands Ordinance page by page, the Planning Commission agreed with all of the proposed changes as drafted with one exception: strike the sentence at the top of Page 22 regarding berming along ridgelines. Specifically, the Planning Commission determined that using a 15% slope as the threshold for commercial and high density residential development. Commissioner Loris gave some examples of various slopes up to 15%. In addition, 15% is already a threshold slope in other areas of the Sensitive Lands Ordinance. Therefore, the Planning Commission determined that 15% was the proper slope designation. There was also a fair amount of discussion regarding development near ridgelines and the Commission expects this to be a topic of some public comment when it goes to public hearing.
Dale Coulam stated he would put the document into a formal ordinance form for a Public Hearing at the next meeting.

Commissioner Pack commented from the previous meeting they needed to address the view shed; the angle when looking at commercial or multi-family residential development. Then define it. He suggested adding a paragraph (c) in Section 16.18.105 Building Design under Building Height and suggested the following language: "The building cannot be any higher than that plain starting at five feet (5') above the ground level and moving toward the interior of the lot at that angle." The buildings closer to the front should be shorter in height but it allows the buildings that set back further on the property to be larger up to thirty-five feet (35').
The Planning Commission discussed various building heights in relation to the view shed and slope angle.
Commissioner Loris clarified that it is based on a 15 degree angle with a 28% slope. The building height would be twenty-eight feet (28') for every 100 feet of setback.
Kevin Rudd commented that currently the multi-family allows a twenty-five foot (25') building from the twenty-five foot (25') street setback. The ordinance is basically saying that the building height is limited to twenty-five feet (25') up to sixty feet (60').
Commissioner Loris calculated the sixty-foot (60') setback using the 15 degree angle and 28% slope. It equates to twenty-two feet (22') in building height.
Commissioner Loris suggested changing the language on the building height from 60' to 75' based on using his calculations. Based on the current setback of twenty-five feet (25') setback using the 15 degree angle and 28% slope the building height would be twelve feet (12'). As the massing goes further back on the property the buildings can be higher. He also suggested including Chuck Gillette's illustration (Figure 8-1: Slope Areas) that's in the Sensitive Lands Ordinance that shows the slope view.
Commissioner Anderson asked if there should be flexibility on allowing a building to be a little higher if a developer could show architectural designs based on the view shed or should they stick with the setback requirements. Architectural designs could keep from getting just straight lines.
Chair Murphy asked if they left the setback at twenty-five feet (25') along Center Street and Tuacahn Drive and work with the slope would we achieve what we want and not have tall buildings close to the road.
Commissioner Anderson commented that they would have a twelve foot (12') building based on twenty-five foot (25') setback. His concern was in some areas there are sidewalks, landscaping and then the walls. Should we allow buildings close to the landscape wall?
Commissioner Loris calculations show: 25' setback = 12' height, 50' setback = 19' height, 75' height = 26', 100' setback = 33' height, 103-105' = 35' height. The maximum height of 35' is reached at approximately 105' as long as they don't fall into that envelope.
Commissioner Anderson stated with the slopes running that way the developer would have to dig in at the back of the lot. We have taken away the developer's ability to use the natural grade.
Commissioner Loris explained that we are referring to Center Street and Tuacahn Drive. Tuacahn's slope had an approximate 7% to 8% slope, predominately the first 700-800'. The first 100-150' were at 6% to 7% slope based on the edge of the road. They may have to dig in a little.
Kevin Rudd suggested creating a new section in Chapter 18 & 19 about the protection of view sheds or setback along the specific corridors and specify exactly the roads and areas that have been discussed and define the building constraints along those corridors.
Commissioner Anderson asked if there is any difference between the commercial and high density residential setbacks.
Kevin Rudd stated that high density residential has a maximum height of twenty-five fee (25') unless it gets further back from the property line then its thirty-five feet (35') after sixty feet (60') setback. If a multi-family is next to lower residential, the setbacks have to increase.
Kevin Rudd will draft some language for the section and Commissioner Loris will do the diagrams. In reference to Highway 91, at one time there was a discussion of a Highway 91 Corridor Plan but the building setbacks were never adopted in the plan. He requested that they review sections of the Design Guidelines on multi-family and commercial requiring a jog in the building every 40' or 60' respectively. He felt that it's too restrictive and suggested they review it and change those distances.
Chair Murphy commented we know we don't want a 100' to 200' wall.
Commissioner Anderson had some concerns about the possibility of building a large building on 600 West based on a twenty-five foot (25') setback. He suggested they look at the Transportation Plan and see which roads are major collectors and arterial collectors to see if any changes needed to be made to those setbacks.
Kevin Rudd felt that they should focus on the two roads and add additional roads later.

MOTION: Commissioner Mike Scott moved to approve the Ivins City Planning Commission minutes for February 4, 2014
SECOND: Commissioner Bryan Pack

VOTE: The motion carried unanimously.

1. Public Hearing on the amendments to the Sensitive Lands Ordinance
2. Continue discussion of Chapter 18 and 19 of the Zoning Ordinance

MOTION: Commissioner Lance Anderson moved to adjourn
SECOND: Commissioner Jeffrey Loris

VOTE: The motion carried unanimously.

The meeting adjourned at 7:06 PM.

Respectfully submitted,

Martha S. Wilson, CMC
Deputy City Recorder

Chair Adel Murphy	AYE
Commissioner Lance Anderson	AYE
Commissioner Jeffrey Loris	AYE
Commissioner Bryan Pack	AYE
Commissioner Mike Scott	AYE