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 Bryan Pack.
STAFF: City Attorney Dale Coulam, Building and Zoning Administrator Kevin Rudd, and Deputy City Recorder Martha Wilson
AUDIENCE: Pete Simmons and Claudette Larsen
A. Acknowledgement of Quorum Chair Murphy acknowledged there was a quorum and excused Commissioner Scott.
B. Flag Salute Chair Murphy led the Flag Salute.
C. Invocation Commissioner Loris led the invocation.
D. Disclosures Commissioner Anderson disclosed that he was the applicant for Item 5 (A). There were no other disclosures or conflict of interest with this meeting's agenda.
Kevin Rudd displayed the site plan and reported that the business locations nearby are Ryder's and Fitness Ridge. The existing enclosure is approximately 35' x 35' with 100' antenna pole and it has an equipment building within the enclosure. There was a 49.5' right-of-way that was 400 West but when the sewer lift station was installed and Fitness Ridge Way was realigned 400 West was abandoned, and the property owners obtained their portion of 400 West. This property is zoned C-1. The only zones where cell towers are legal conforming uses are within the Commercial with Light Manufacturing (CLM) zone. The applicant is proposing to expand the yard area to add a new building, expand the wall to 50' x 60', add equipment and more antennas. This expansion would be an amendment to their Conditional Use Permit (CUP). If the Land Use and Zone Change is approved, they will come back with an amendment to the CUP for these modifications. The existing mono-pole is a legal non-conforming pole. In 2005 the Zoning Ordinance restricted mono-poles to the maximum building height of thirty-five feet (35') in this area. However, they are not requesting a change in height. They are requesting expanding the yard and adding additional equipment.
The existing CUP has a stipulation that if someone comes into the City and wants to put up another pole but there is room on this pole then they need to locate on this pole. Staff feels this mandates this site to be considered for this Land Use Plan Amendment and Zone Change.
Commissioner Anderson inquired as to what area the zone change is for.
Kevin Rudd explained that the zone would be for the property which is approximately 50' x 60'. Because there is only one zone to choose from, the applicant was willing to take the risk. They were willing to process both applications concurrently.
Chair Murphy opened the Public Hearing.
Pete Simmons represented Verizon Wireless. Approximately a year ago he was looking for different locations. They came up with three (3) alternative locations and this was one of the lots. They have been working with Monarch Investments and Insite Towers. The original tower was owned by South Central Communications and since that time Insite Towers has acquired the facility. South Central was located on the 100' Center Line. The idea is for Verizon to take over the 100' Center Line as per the drawings. They also need to provide space for the equipment. Verizon always puts in a 12' x 26' equipment shelter which houses the equipment and backup generator. Verizon is part of the Homeland Security network which requires them to put that in new facilities. Based on a 12' x 26" we tried to work with Insite Towers on different locations. The actual property is 75' x 50' that Monarch Investments owns including the portion of 400 West. It is currently zoned C-1 with a non-conforming use. We are requesting to move forward with the General Plan Amendment to update it to the CLM zone to bring it into a conforming use which would allow us to expand the existing facility. In order for us to accommodate Verizon's 12' x 26' building they do have to expand the initial 35' x 35' fenced compound. Insite Towers have leased with Monarch Investment the 50' x 50' space but when South Central developed the space they only developed a 35' x 35' and put in a 12' x 20' equipment shelter. There was a concrete pad put in by South Central but we cannot make that space work. We want to zone the entire piece of property rather than just a portion. There are three (3) active carriers on the tower and Verizon will be the fourth. Initially, there were four and Verizon is just taking their spot. They just want it zoned where it meets the City code.
Chair Murphy closed the Public Hearing.Commissioner Anderson asked if the fencing was right on the property line. Also, usually there is a setback for some landscaping.
Kevin Rudd commented the drawing shows the wall close to the property line. Landscaping would be under a Conditional Use item.
Dale Coulam stated that would be a Conditional Use item but it is common to put walls on boundary lines.
Kevin Rudd pointed out the access easement which is a 25'-30' easement that was obtained from Fitness Ridge and was recorded. Fitness Ridge was planning to have some commercial buildings in that area.
Commissioner Anderson and Commission Loris discussed where Kayenta usually puts walls and landscape buffers.
Commissioner Anderson commented that he has seen where some cities require landscape buffers around substations.
They agreed that the landscape buffers did not relate to the Land Use Plan Amendment but could be considered as a Conditional Use item.
The consensus was that the Commissioners were in favor of the Land Use Amendment.MOTION: Commissioner Jeffrey Loris moved to recommend a Proposed General Plan Amendment to change the Land Use Plan from Commercial Community to Commercial with Light Manufacturing located at approximately 400 West Highway 91. Monarch Investment Company, owner, Pete Simmons, 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
Chair Murphy opened the Public Hearing and with no response closed the Public Hearing.
The consensus was that the Zone Change should be recommended since they recommended the General Plan Amendment.MOTION: Commissioner Bryan Pack moved to recommend a Proposed Zone Change from C-1 (Community Commercial) to CLM (Commercial with Light Manufacturing) located at approximately 400 West Highway 91. Monarch Investment Company, owner, and Pete Simmons, applicant
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 reported that the Conditional Use Permit (CUP) is ten years old and the site plan has been modified several times. The current site plan was approved in 2009. Building A was approved during that time for a shop/storage building. Several storage units have been completed and Building I and K have been completed. They have brought the plans for Building A forward for the Design Review approval. One change is they are increasing the distance between John Reed's wood shop Building K and Building A from ten feet (10') to twenty feet (20'). If John Reed acquires this property, twenty feet (20') is the minimum separation distance for non-rated fire construction. It does not change the layout of the approved location of Building A.
Commissioner Loris inquired about the ten foot (10') offset on the road and if that is okay.
Kevin Rudd advised that it doesn't affect the building code. The distance is consistent with this plan. The floor plan and elevations plans were displayed and some photos of existing storage buildings that have already been completed. This building will have the same construction. It's constructed of stucco with metal and it will be dug in on one side so it will lower the building height. The architecture and design is almost identical to the existing storage units. The plan matches the approved location; it is consistent with the other buildings and with the approved 2009 CUP. The size is the same as originally approved which is 3,400 square feet. (Copies of site plan and photos are available at Ivins City office)
Commissioner Loris asked if the road will be finished that goes by Building A.
Kevin Rudd stated that the road is not constructed.
Commissioner Anderson advised that the access is off Highway 91. When we do that road, another road has to be dropped approximately three feet (3'). They don't want to tear up the asphalt until they have a reason to.
Kevin Rudd stated before they issue a building permit part of the process is that the fire department will review the plans, check for fire hydrants, and see if they need any other access. There is no phasing timeline on when the roads would be built.MOTION: Commissioner Bryan Pack moved to approve a Design Review Application for a shop and storage building in the Crescent Moon Village located on Crescent Moon Trail in Kayenta. R. T. Marten, owner, and Lance Anderson, applicant
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried.
Chair Adel Murphy AYE Commissioner Jeffrey Loris AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson ABSTAIN Commissioner Mike Scott ABSENT
B. Continue discussion on Chapter 18 Multi-Family Residential Requirements and Chapter 19 Commercial Site Plan and Building Design Requirements
Kevin Rudd reported that changes have been made to the Multi-Family requirements and some other changes that have to do with site line and setbacks of buildings. When we require every forty linear feet (40') that wall and roof planes shall contain offsets or setbacks of at least four feet (4'), it ties a designer's hands. It now reads: "There shall be a variation in wall planes on all facades visible from a public street or public view. Variations may be accomplished through offsets in walls, stepping of roof lines or parapets, or added architectural features (covered porches, balconies with railings, window pop outs, bays, etc.)." This gives architects and designers some flexibility. It also gives the Commissioners a chance to review it and say we need more variations on the wall planes based on the location.
Chair Murphy felt the Commissioners need to have some leeway. Her concern was if this statement gives them enough leeway.
Kevin Rudd referred her to 3(c): "All buildings shall incorporate a minimum of three (3) additional architectural features or repetitive details such as covered porches, balconies with railings, window pop outs, bays, etc." On Robert Ence's townhomes on the front he had pop out windows, pop out porches, etc. He had three of these requirements which helped the front of the building.
Also, 3(b) was changed to be consistent with Chapter 19: "A consistent level of detail and finish on all sides of a building shall be provided; however, a lesser degree of detail is allowed on non-street facing sides."
Commissioner Anderson referred to the townhomes having a 100' plane which will be 10' above the neighboring building. It will be street facing unless there are a lot trees. What is considered "street facing?" The neighboring buildings are sixteen feet (16') in height and the townhomes are twenty-five feet (25') high.
Dale Coulam commented that street facing has to be directly facing the street, not whether it is viewable from the street.
Commissioner Anderson suggested changing the verbiage on 3 (b) to say, "visible from a public street" instead of "non-street facing sides."
They discussed the meaning of the verbiage in Item 3 and 3 (b) regarding "visible from a public street or public view" and "non-street facing sides."
Dale Coulam commented this verbiage is saying we want it nice up front or on the street facing sides and consistency in design but a little less shall be required on the other sides. This makes it a little easier to locate in Ivins. If we are going to cover everything that can be seen from every public point, it makes it tough.
Commissioner Anderson commented the nicer front side is on the west side but there is nothing on the east side. There is nothing on the portion perpendicular to the street except suggesting a bigger window. There is no architecture on the front of the building. It's all on the inside and west side.
Kevin Rudd commented it depends on what angle you look at.
Dale Coulam commented that Staff sent the plan back for it to be redesigned on the north side of the building. The front side faces their entry and that's the main entry off Center Street. We view that as the front of the building. Basically, we are treating that as front facing even though it's not technically on Center Street. On the east side and south side is where it could be said a lesser degree is required. Under Section 3 even though there may be some windows there could be pop outs around the windows.
Commissioner Loris suggested keeping the first line under Section 3 that reads: "All buildings shall be designed to provide complex massing configurations with a variety of different wall planes and roof plans." If we keep that line it gives us the variety and also gives lenience with the other changes.
Commissioner Anderson agreed that they cannot make it where people don't want to come to Ivins but at the same time the people on the east side should have the same enjoyment as well as the west side.
Kevin Rudd commented by making this change and using Robert Ence's building as an example we could ask him to add some more architectural detail on that 120' wall.
The consensus was to leave the first sentence under Item (3) Required Massing.
Chapter 19 was displayed showing the changes to Section 16.19.102, 5 (a) that deals with the setbacks on the major roads in the City. Also, two (2) figures were added, Figure 2A and Figure 2B that shows pitched and flat roofs. These figures represent commercial and residential roofs. Section 16.19.103 Building Design Requirements (ii) Wall Variations was changed to read: "All facades visible from a public street or public view shall have variation in wall planes. Variations may be accomplished through off sets in walls, off sets in roof lines and parapets and with added architectural features (covered porches, balconies with railings, window pop outs, bays, etc.)."
The following figures were deleted: Figures 19-4 Wall Variations and 19-5 Roof Dominance were deleted.
They discussed the verbiage, "Roof pitches of eight to twelve (8:12) and steeper that resolve in a ridgleline are prohibited." After the discussion, it was decided not to delete that statement.
The changes will be put in ordinance form and a public hearing will be set for the next meeting on April 15, 2014.
C. Elect a Chair and Vice Chair for the Planning Commission meetings for 2014 MOTION: Commissioner Lance Anderson moved nominated Jeffrey Loris as Chair and Adel Murphy as Vice Chair for the Planning Commission meetings for 2014
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
D. Consider approval of the Ivins City Planning Commission minutes for March 18, 2014 MOTION: Commissioner Jeffrey Loris moved to approve the Ivins City Planning Commission minutes for March 18, 2014
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
A. Planning Commission
B. Chairman
C. Building & Zoning Administrator, Kevin Rudd
D. City Attorney, Dale Coulam Dale Coulam thanked Chair Adel Murphy for the excellent job that she has done as Chair of the Planning Commission.
Also, he reported that in the tentative budget there is a $50 per meeting compensation for Planning Commission members starting July 1, 2014.
E. Items to be placed on future agendas
1. Public Hearing on Chapter 18 and 19
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 6:27 PM.
Respectfully submitted,
Martha S. Wilson, CMC
Deputy City Recorder