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 3, 2015
435-628-0606

1)	WELCOME AND CALL TO ORDER

CHAIRMAN AND COMMISSIONERS: The meeting was called to order at 05:30 p.m. All present included Commissioner Mike Scott, Commissioner Adel Murphy, Commissioner Lance Anderson, Commissioner Bryan Pack, and Chairman Jeff Loris.

STAFF: City Manager/Attorney Dale Coulam

AUDIENCE: Claudette Larsen, Ken Miller, Craig Flowers, Michael Bowdish, Sandra Bowdish, Jim Pyne, Mary Taylor, Curt Taylor, Steven Davis, Delores Osborn, Marybeth Beck, David Beck, P.G. Wilks, Larry Malak, and a few others that did not sign in.

A.	Acknowledgement of Quorum

B.	Flag Salute

Commissioner Lance Anderson led the Flag Salute

C.	Invocation

Commissioner Bryan Pack gave the Invocation

D.	Disclosures

There were no disclosures or conflicts of interest with items on this meeting's agenda.

2)	REPORTS AND PRESENTATIONS

3)	BUSINESS LICENSES

Dale Coulam stated that this subdivision is zoned RE12.5 and includes 13 lots on 5 acres. Lot 6 already has an existing house on it. All the lots comply with the zoning requirements. The discussion point is largely centered on the detention basin used to overflow water into an existing storm drain, which ties into the Red Mountain Estates storm drainage system. What it needs is a stub-up to drain into it. This subdivision will be a good and necessary storm drain improvement and it will install a proper inlet to get clean water into that pipe. This last storm, water backed up against Red Mountain Estates walls because the pipe was underground with no inlet. A hole in the wall to the east could also give an alternative route for overflow water if that backed up beyond what that storm drain could handle, similar to Red Cliff Estates. That would be negotiated through third parties. These items are noted but the City has no jurisdiction to require it, because it is not part of the owners property. Either the Red Mountain Estates HOA or particular lot owners may be inclined to cooperate or do something in conjunction with this subdivision so that in addition to the storm drain being proposed here, they may make additional storm drain improvements that would enhance that situation and avoid flooding in the future. But that is not before the Commission tonight. Commissioner Lance Anderson inquired if the detention basin was designed for post-development flows and what storm that was being based on. Chairman Jeff Loris stated that yes it would be the 100 year flow. He then opened the Public Hearing. Larry Malak lives on lot 14 where he is having a problem with the overflow of heavy rainwater runoff from Mr. Flowers' property. There is a 12 inch pipe at the corner of Mr. Flowers' lot but unfortunately he doesn't think the diameter of that pipe is going to be sufficient for heavy rainwater flowing like there was last year in September. He offered a solution to go North above Craig Flowers' home where there is a wall running parallel to Red Mountain Estates and they get a lot of rain runoff. It is being inundated from water from that wall and then filtering down. This is where the trouble is. If we alleviate the problem above that to help filter water it would solve the problem. Catching the water before it comes down would be his idea. Ken Miller with Development Solutions is the engineer. He stated that Larry Malak brings up a good point. The detention basin is designed for the 100 year flow for the existing condition and the pipe does have the capacity to handle the water for the existing condition. The detention does detains the excess runoff. Craig Flowers can also speak to this but he believes there was some piping along the existing wall on the Northern property line along Red Mountain Estates. Those are undeveloped walk-out lots and they have spoken to the City Engineer about that. He believes it was designed to convey their flows in a pipe along that Northern property line to an off-site discharge area; however no inlets were installed because these are undeveloped lots. Dale Coulam asked from which lots the detention basin receives water. Ken Miller stated that all 13 of the lots will drain to that basin. That is the existing condition right now. There is a high point right about 300 North at Craig Flowers' property line. Dale Coulam stated that what Larry Malak described would be Red Mountain's wall and their property. After no further comments, Chairman Jeff Loris closed the Public Hearing.

Chairman Jeff Loris stated that the site plans are designed for 100 year flood. Dale Coulam stated that Larry Malak's suggestion to catch the water high is a good one but that is not the applicant's property. We have no jurisdiction to require the applicant to do something different to this wall or to Red Mountain's back yard drainage system. A hole in the wall as an overflow into Red Mountain Estates storm drain system would also be possible back up. That is also a negotiated item with a third party. The City can't impose that as a requirement on this subdivision. They just have to make sure to the satisfaction of the engineers that the detention basin and the 12 inch pipe through which the water would drain, is sufficient to handle the 100 year storm. Chairman Jeff Loris stated that they followed all the City's requirements to satisfaction. Commissioner Lance Anderson inquired if water was coming through the wall underneath it or does their water need to go somewhere else. Dale Coulam from what Ken Miller has stated there is a drainpipe along the backside of this wall that is supposed to be carrying water out from that back yard and may not have functioned as designed. Ken Miller confirmed that was the case. Commissioner Lance Anderson inquired as to whether the houses on the North side of that road will have issues with flooding underneath that wall. Ken Miller stated that they are higher, but the Red Mountain Estates' drainage isn't functioning as designed. Commissioner Lance Anderson stated that overall the subdivision would help the system but until the others fix their property, what about these homeowners? Ken Miller stated that those lots are obviously his concern. If their system isn't functioning and it backs up against the wall he has the same problem that Larry Malak is having. Dale Coulam stated that this is an item worthy of negotiating a resolution with the HOA and/or lot owners to get resolved. Commissioner Lance Anderson stated that they are dealing with a problem that is really not their problem. Craig Flowers confirmed there are pipes in the back of each Red Mountain Estates' lot to the north but they are unfinished lots and so the system is not working. Dale Coulam stated that maybe the City can exert some influence then. There is an approved drainage system that has not been implemented yet because the lots haven't been developed.

MOTION: Commissioner Adel Murphy moved to approve a recommendation of a Preliminary plan for Crimson Canyon subdivision, located at 250 East 300 North, Craig Flowers-Applicant. Development Solutions-Owner.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

Dale Coulam stated that this is located in Kayenta. They have both a detached two car garage and an attached garage. They are converting the detached garage into a casita. It does meet all the requirements for a casita including the maximum size and building height. It is an existing building so it matches the primary residence architecture and meets the minimum setbacks. We have sketches and photographs. Commissioner Lance Anderson inquired about the city parking requirements. Dale Coulam stated that Kevin Rudd assured him that it meets those requirements. Commissioner Lance Anderson stated that from an ACC standpoint this particular area doesn't allow outside parking but they've met the City's ordinance. Dale Coulam stated that the ACC is beyond the City's ordinance. Chairman Jeff Loris opened the Public Hearing. Marybeth Beck lives on Wintook Drive. She inquired about the existing garage and that they are in fact converting an existing building. Chairman Jeff Loris stated yes. P.G. Wilks lives on Chavano Drive and stated if the garage is converted to a casita it will be a problem as far as the ACC goes if it is turned into a rental. He is opposed to rentals and guesthouses because it is a residential area and could very well be a problem with parking for a guesthouse. He would prefer that it stayed a garage. He is sure the ACC will have questions about the parking arrangements. Seeing no further comments, Chairman Jeff Loris closed the Public Hearing.

Chairman Jeff Loris There is a rule about having a house and a guesthouse rental. The ACC won't allow bed and breakfasts. Commissioner Adel Murphy stated that Dale Coulam spoke to Kevin Rudd about the parking. It meets the code. City laws are one thing. The HOAs rules are another. Commissioner Lance Anderson stated that his only question was the parking but it looks like they had plenty of stalls beforehand.

MOTION: Commissioner Mike Scott moved to approve recommendation of a proposed Class IV Conditional Use Application for a Casita/Guesthouse, located at 936 Molinaro Court. Colette Szczesny, Owner/Applicant.
SECOND: Commissioner Adel Murphy

VOTE: The motion carried unanimously.

5)	DISCUSSION AND POTENTIAL ACTION ITEMS

Dale Coulam stated that after public comment about water backing up in this area, the developer offered the City Council an alternative for a solid wall to allow water to get into the inlets on Main Street that are about 25 feet long on each side of the street. There was a risk discussed at the Planning Commission Public Hearing about water running in to the development off of Main Street. This proposal eliminates that and replaces it with a wall to keep the water in the street and drain into the inlets. The Preliminary Plan was ultimately approved and this Final Plat meets the approved Preliminary Plan. It is a conventional subdivision. The zoning is R-1-7.5 and all lots meet that requirement. TRC has reviewed the Final Plat and finds it in compliance with the approved Preliminary Plans and staff recommends approval. Commissioner Lance Anderson inquired if the road was less than 750 feet and about the 200 foot rule. Dale Coulam stated that the 200 foot rule states that there is an exception for geographic conditions. Main Street turns into a "wash" during heavy rainstorms so the City Council did find that exception. Chairman Jeff Loris stated that Main Street is actually designed as a detention basin. Dale Coulam stated that is what it has turned out to be right now. Chairman Jeff Loris stated that is going to be interesting to drive through and why there is a common area. Commissioner Lance Anderson inquired if the detention should show a drainage easement through there. If he was buying a lot he would want to know that was not just a common area. It should say detention. Chairman Jeff Loris stated it was on the Prelimiinary Plan and had the contour lines to show the grading. He didn't know why they have removed it from this one. Commissioner Lance Anderson stated they should have that on there. Dale Coulam stated to be consistent with the Preliminary Plan if it indicated it as a detention basin then it should also be indicated on the Final Plat. Mike Stewart stated he was not sure why it is not shown on there. Dale Coulam inquired if the applicant has any objection to the final plat showing that as suggested by the Planning Commission. Mike Stewart stated he did not. Commissioner Lance Anderson inquired if this was going to be a public road. Mike Stewart stated yes. He wants to keep the HOAs to a minimum in there. Dale Coulam stated the motion should read as amended so it shows the contours and labels this as a detention basin.

MOTION: Commissioner Brian Pack moved to approve Final plat for Red Cliff Estates located on the southeast corner of 600 South and Main Street as amended to show the contour lines for the drainage basin and label it as a drainage basin on the final plat. J & S Investments- owner and Mike Stewart - applicant.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

MOTION: Commissioner Adel Murphy moved to approve the Ivins City Planning Commission minutes for January 13, 2015
SECOND: Commissioner Lance Anderson

VOTE: The motion carried unanimously.

Kevin Rudd is not here and will give a report when he comes back.

Dale Coulam stated as both a report and an item for a future agenda that the City Council would like the Planning Commission to discuss the General Plan to at least clarify that the City is to be a destination resort community. It is not in the goals section of the General Plan. It has been some time since the City has reviewed the General Plan. So review the General Plan and be prepared to make some recommendations; at a minimum state that the City is a resort destination type community.

MOTION: Commissioner Lance Anderson moved to adjourn at 6:12 pm
SECOND: Commissioner Adel Murphy

VOTE: The motion carried unanimously.

The meeting adjourned at 6:12 p.m.

Respectfully,

Sharon Allen
Ivins City Deputy Recorder

Commissioner Mike Scott	AYE
Commissioner Adel Murphy	AYE
Commissioner Lance Anderson	AYE
Commissioner Bryan Pack	AYE
Chairman Jeff Loris	AYE

Commissioner Mike Scott	AYE
Commissioner Brian Pack	AYE
Commissioner Adel Murphy	AYE
Commissioner Lance Anderson	AYE
Chairman Jeff Loris	AYE