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 17, 2015
435-628-0606

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

Adel Murphy was excused.

Audience: Larry Covey, Pamela Covey, Roger Hamblin, Dave Robison, Annelies Robison, Steve Cariello, Lynn Jorgensen, Sherrie Jorgensen, Troy Ence, Claudette Larsen, Kim Schovaers, Brandee Walker, Matt Marten, John Reed.

A.	Acknowledgement of Quorum

B.	Flag Salute-Commissioner Mike Scott.

C.	Invocation-Commissioner Bryan Pack.

D.	Disclosures

Commissioner Bryan Pack disclosed that he has done some legal work in the past with Troy Ence, but not currently. Chairman Jeff Loris stated that he does work, and continues to do structural engineering work for Ence homes. Dale Coulam stated that the law requires disclosure but they may still participate in the discussion and voting.

2)	REPORTS AND PRESENTATIONS -None

3)	BUSINESS LICENSES -None

Kevin Rudd showed an aerial photo of the property, the Southwest corner of 200 North and 400 West. The property is just under 5 acres. The proposal is to change the zoning from RE-15 to R-1-10. He stated that the State of Utah requires for the City to regulate land use, they must have a General Plan and a Land Use Plan in place. It shows what the entire use and future uses are for the City. There is Residential Low Density, Medium Density and High Density. This property is shown as Medium Residential. With that density, three zones qualify. 7,500 sq ft lot, R-1-10 10,000 sq ft lot, or RE-12.5 12,500 sq ft lot. This property qualifies for one of those three zones. Staff makes no recommendations on zone changes. It does meet those qualifications. He gave examples of surrounding zones. Tenaya Sands RE-15 has a SEO and a density bonus for an increased landscape buffer area. 10,000 sq ft is the smallest lot there; the largest is 16,000 sq ft. To the north it is zoned RA-1 Agricultural. Tuscan Grove is RE-20. Tenaya Estates is RE-15. Quail Cove is R-1-10 also. Commissioner Lance Anderson inquired if these 5 acres have the SEO overlay. Kevin Rudd stated that it was never recorded and it lost its overlay designation. It's been between 6-8 years and even though there's a development agreement, they would have to go through the process again. Chairman Jeff Loris opened the Public Hearing. Dave Robertson lives in Tenaya Sands and owns the biggest property in there. He stated that if approved there would be two homes built behind his house. The way they designed the water to come down he felt it would fill up in 10 minutes. It is not a straight flush into the storm drain itself. Drainage is a real concern for him. He felt there is no need to change this zoning above Center street. He inquired if there would be two story homes or less than 3000 sq ft homes being built. He wondered if they can get a three car garage on those lots. He felt that West of 400 West should remain 15,000 sq ft minimum. He would request that they have to be at the 12,500 sq ft minimum and that they build a perimeter fence. He asked that the Commission consider leaving it at 15000 sq ft. Larry Cover requested to leave the zoning. He felt that the medium density definition should have been on the letter that was sent out. He felt they have enough traffic by putting homes behind him and it will increase traffic to have smaller homes on those lots. He felt it would be a strain on the schools and roads. He believes it would lower his property value by putting those homes in. He asked that the zoning stay at 15,000 sq ft. Roger Hamblin lives in Tenaya Sands and stated that he is affected by this. He felt it would be 14 more homes in that subdivision and problems with height, the view corridor, and losing value on his home. He is suggesting the City stay at 15,000 with the smallest height allowed along that area. No two story homes. He feels sure there will be water issues. He wants to be sure they keep the water on-site. Lynn Jorgensen lives in Tenaya Sands. He asked that the Commission keep the lot size at 15,000. He felt the reasons have been well presented. It was a conscious decision on his part to buy based upon lot size. He got chased out of Quail Cove because of their standards there. The water is a big concern. On the lot he purchased he had second thoughts because of the 1,000 year rainstorm that comes every 5 years. It was 4-5 ft deep and wide and started halfway into his lot. The water there runs to the South and a bit to the West. He wondered where the water will go. The more houses the City has North, the less places that water has to run. The reason he selected that area is because of the view and they were 15000 sq ft lots. It is a valuable view and spaced houses so that each home would have access to utilize their backyard. He has invested an awful lot in his home and landscape and would like to see this subdivision be compatible with Tenaya Sands. He asked that the Commission take his concerns into consideration. Steve Cariello lives in Tenaya. He feels the lots should be 15,000 sq ft. The majority in Tenaya Sands are not 10,000 sq ft. The last two storms that came through the lots from the cul de sac created a river. There were rocks, dirt and tumbleweeds. It took the City two weeks to get in there. He inquired what will happen with the water with houses in there. Roger Hamblin inquired if 200 North ends at their property or where the development is. Chairman Jeff Loris stated that it comes all the way across the top of Tenaya Sands. Kevin Rudd stated that when Val Walton had Phase 2 of Tenaya Sands it was agreed the road would be installed with Phase 3. They will finish this section and a landscape buffer. Kim Schovaers lives in the cul de sac at the top. Her basement flooded last storm. She inquired where the entrance to that development would go. Kevin Rudd stated that it would pretty much mirror the other subdivision across 400 West with one entrance. Kim Schovaers stated that she'd like to keep 15,000 sq ft homes built there with the stipulation that the back lots were going to be larger lots. Brandi Walker with Bush and Gudgell Engineering stated that developing those lots will actually help drainage problems. They are finding a good plan to mitigate water and Ence has been sensitive to that and recognizes its importance. It is similar to Tenaya Sands with 10,000 sq ft being the smallest lot. It will have the same feel. Lynn Jorgenson stated that he and his wife Sherrie feel the impacts that a larger number of houses would have is noise and light. Their understanding when they bought their lot is that there was significant elevation gain to the North. If reduced down it would give a gorgeous view of everyone's home. They highly value the view they have. He knew homes would be built but this plan is a significant change looking at the number of homes that would be built up there. Dave Robison wanted to retire in a nice area and searched Southern Utah and Washington County to find the right property. He likes the openness, the square footage, the value of the homes there. He was happy with the decision he made and asked that the Commission take it into consideration to leave the density at 15,000 sq ft. Larry Cover stated that the same person that sold them the lots was Val Walton and he was told that it would be set at 15,000 sq ft. He doesn't think that it's right to change it. Troy Ence with Ence Homes stated that the original plat had 10,000 sq ft lots. He wants to try to keep larger homes out there and he will do the best he can to mitigate any problems with houses that people back up to. He stated that he can easily do three car garages on those lots, and the way the water will be mitigated will be tremendously better. It's maybe a total of two more lots. Not many. What he proposes is really good and he feels people will be happy with it. Chairman Jeff Loris closed the Public Hearing.

Chairman Jeff Loris stated that towards the West seems low density. Dale Coulam stated that the land use is medium density. The lowest density is 12.5 to stay within the Land Use Plan. This was a SEO with variable lot sizes and some were 10000 sq ft. There was nothing that guaranteed they would stay 15,000 sq ft. The City never had a final plat to review or consider. After a year the developer lost their approvals for this Phase. Chairman Jeff Loris stated that the City's master plan is to use the streets to divert water. The least dense the City can go is 12,500. Based on Tenaya Sands it would average 12,500 anyway. He stated that most would be medium density and the lower lots are low density residential. Commissioner Lance Anderson stated that based on what he sees 12,500 is the most reasonable fit. Commissioner Mike Scott stated that his concern is the south lots. The SEO allows smaller and larger lots. There is more compatibility with those lots under the Land Use Plan. Commissioner Bryan Pack stated that he would have to defer to what the landowner wants to do. If people want to keep development from going in, they need to purchase the land. Chairman Jeff Loris stated that the Recorders office shows Lot 17 is 14,800. Then there is one that it 13,100, 12,700, 12,200 and another 12,200 that abut this other parcel. Because the City can't do 15,000 they should split the difference with 12,500. Commissioner Lance Anderson stated that a lot of citizens concerns can't be addressed now because no plan has been presented. A conventional subdivision is 12,500. Commissioner Mike Scott stated that the density zoning is compatible with what is already in there. Commissioner Bryan Pack stated that he has been persuaded to 12,500.

MOTION: Commissioner Mike Scott moved to approve recommendation on a Proposed Zone Change from RE-15.0 (Residential estates District-minimum lot size 15,000 sq ft) to R-1-12.5 (Single Family Residential -minimum lot size 12,500 sq ft) on a 5 acre parcel located at the Southwest corner of 200 North and 400 West. Tax ID I-SB-11-B. Faction LLC/Troy Ence-Applicant. VWMW Inv. LLC-Owner.
SECOND: Commissioner Lance Anderson

VOTE: The motion carried unanimously.

5)	DISCUSSION AND POTENTIAL ACTION ITEMS

John Reed stated that his update on the bicycle plan for Ivins is later than he had hoped. MPO is doing a regional plan and has just now come out with a draft on that. The survey tool is up and live for user input now. He will send the Planning Commission a link to it and ask that they give their opinion on it. The City has done improvements on what it needs to do improvements on. He has met with Staff to see what they would like to see going forward like recommending guidelines for what the City is looking for, bike lanes, places that we have shared roadways, etc. Once the survey tool is back and a rough draft created he would like to do a work meeting and see what the Planning Commission thinks and coordinate with the transportation plan. The draft is out in the public now and he will forward that to Staff. It has a lot of information. Any spot improvements that were suggested in Ivins have already been made. They haven't striped the bike lanes yet but the spot improvements are completed. He stated he would forward a draft onto the Planning Commission.

Dale Coulam stated that City Council has asked that the Planning Commission undertake a review and update of the General Plan. The last update was 2008 and it's time to review it again. There has since been significant changes. It stated that Ivins has one of the highest growth rates in the state. That is not true anymore. The population projections are lower than what the current General Plan was based on. There was also a proposed Commercial City Center that the City gave that to Veterans Affairs and now our block is City Center. The City is a resort destination community but that is not in the Goals section of the General Plan. Council would like the Commission to fix that. Circumstances with Fire and EMS have also changed. The City now provides paramedic service instead of just basic service. The City needs to separate Fire and EMS so that fire volunteers retain their status as volunteers. Chapters 5 and 6 are copied verbatim. The City can shorten those two or combine the headings. The Plan just needs a general review. He suggested making his changes and start from there. Commissioner Bryan Pack stated that this gives us a road map, a vision document, but doesn't create rights. All that has to be done through an ordinance. Commissioner Lance Anderson stated that this helps to decide which ordinances the City wants. We recognize what our vision is and then create an ordinances to allow that to happen. Dale Coulam stated that ordinances need to be compatible with the General Plan and the land use element of the General Plan. The City can enforce that in their zoning.

Dale Coulam stated that the City would like to amend the Old Township Overlay in the General Plan to say Historic. The Historic Township Overlay doesn't appear in the City's zoning ordinance. The City would like to remodel the fire station and realized they have no ordinances to go by so this is to help establish some standards. So we are defining what the historic township is, which would be the 200 to 200 blocks. Chairman Jeff Loris stated that it is center line of that road. Kevin Rudd stated that on 200 S. there was a row of lots where there is actually an old township subdivision plat. Commissioner Lance Anderson inquired if there is any more that can be built there. Kevin Rudd stated there are a couple of lots. Three lots with available city frontage. Dale Coulam stated that he thinks for the SAA they expanded it. So they should be consistent with what they did on the SAA. He thinks historically it was the 200 blocks. He spoke about setbacks for public building within the historic township. The setback to the back of curb is 20 ft for this building so that is what is proposed in the ordinance. The height limit would be 25 ft generally but the City Council could grant a special exception to extend the height up to a maximum of 35 ft. This would also be consistent with what exists since the firehouse with the tower is 35 feet. Commissioner Lance Anderson inquired whether hypothetically if the church decides to make a deal with the City; that would be a minor arterial street right now, Center Street. He has an issue with putting a 35 ft building 20 ft in when we are trying to create open space. Now on other streets that are not arterial that would be different. Dale Coulam stated that it would be up to our City Council to boost it beyond the 25. The general rule is 25. But within the block, let's say we wanted to put a Recreation center with full basketball court and a track that went around the court. You are going to need a 35 ft building or close to it. He inquired if Lance Anderson would feel more comfortable adding the verbiage "provided the building is not adjacent to Center Street." Commissioner Lance Anderson replied yes. Dale Coulam stated that we should also clarify that public buildings are required to go through the permitting process. We would require plans and we would have to go through the permit process. Commissioner Lance Anderson stated that his Dad was looking at lots in the old township and how to deal with them. Is this to address that also? Dale Coulam stated if the Commission wants to make recommendations for infill for the rest of the overlay district, now would be the perfect opportunity to do that. There is an immediate need right now for the fire station. However, it could wait a while to put some more provisions in that deal with other issues within the historic township district. Commissioner Lance Anderson stated that some issues he has found when looking at the properties is the minimum feet in front of it. The size of the roads, if you could meet the Fire Code, you'd have to have a little more flexibility with the size of the roads, minimum frontage distance on your lot. There was one he looked at the other day that was 10 ft short of being able to put two homes on there to be feasible. There is a 1970 mobile home on this lot. If you can put two nice homes in there it becomes feasible, but the values are right where the mobile home staying there is almost more valuable than hauling it off. From the City's perspective if we can find a way to make it valuable and create homes for those infill areas, then we don't have the weeds and garbage on those lots. Kevin Rudd stated staff would probably recommend that we take these block by block to review them because they are each so different. He and Chuck Gillette have reviewed them and each one may require a little tweaking to make it work. Commissioner Lance Anderson stated it was more like a concept of what we are trying to accomplish. Chairman Jeff Loris inquired if we are talking about historic area if the Commission is talking about 200s or the overlay that goes all the way to 450. Commissioner Lance Anderson stated that it should be whatever the Commission defines as the historic area. Kevin Rudd stated that once you get over to 300 N all those lots are 10,000 sq ft lots. Dale Coulam inquired if the Land Use designates it further up. Kevin Rudd replied that yes it does. It really doesn't work to do infill development with those 10,000 sq ft lots. Commissioner Lance Anderson stated that we should look at the broader perspective what could allow infill. Then decide if it sounds reasonable, what is it affecting and what's around it. Kevin Rudd stated that we should look block by block. Commissioner Lance Anderson stated he'd like the Commission to create a concept of what they are trying to create to allow flexibility. Kevin Rudd stated the general concept is just to create flexibility in the old township block by block to allow for infill development. We can't do one size fits all. Commissioner Lance Anderson stated they are trying to meet criteria. The first is fire code to even access it. I've looked at some of those flaglots. Those are hazards. Chairman Jeff Loris stated they are not allowed anymore. Kevin Rudd stated that they are allowed, but he looks at them with some trepidation because on every block there is liable to be some residents who are going to be outraged that you are going to allow the infill development in the back of their yard. That will be the push back when we do this. We need to allow smaller street sizes there, lanes that would allow them to get back there to put infill in. Commissioner Lance Anderson stated the value of the properties are right where people don't know what to do with it. Chairman Jeff Loris inquired if it was still zoned medium density downtown. Kevin Rudd stated that it is. Above 200 North is mobile home district which goes to 8000 sq ft lots. But again, the overlay is a concept to allow smaller lots within the RE 12.5. That is the only way we are going to get something back in these big township lots other than collecting junk back in there. Commissioner Lance Anderson stated there are more fire problems, cleanliness, animal problems, dog runs, etc. Chairman Jeff Loris inquired if 7,500 or 10,000 sq ft lots would work out better. Commissioner Lance Anderson stated that we need to figure out a concept with parameters so that people can ask what they can really do. The two things that he found really restrictive were the cross section of road and the frontage that they have to have on the lot. Kevin Rudd stated this will require multiple property owners to agree to it. Chairman Jeff Loris stated that this will be a can of worms. Commissioner Lance Anderson inquired how much time the Commission has to work on this. Dale Coulam stated that we have some time. The Mayor is going to draw up some plans for the fire station remodel and we will take a look at those. It's not going to be done this fiscal year, but next fiscal year there may be some money for it. The Commission has a couple of months. Commissioner Lance Anderson stated that we have this zone but no definitions, so he feels we are obligated to get something together so people know what they can do with those properties. As people are building, there seems to be a little more need for them. Dale Coulam stated that he would make these changes and recommend keeping it on the agenda. Commissioner Lance Anderson stated that another conversation that comes up in the old part of town is the ability to rent your casita in the old part of town. It seems to be a need or a desire. I don't know if it would be a good or a bad thing but there is a need for that and the old township might be an area to allow that. The City could get the growth it needs but also be financially feasible. Kevin Rudd stated that he would advocate that. He thinks it's a great idea. It would create affordable housing or people to add to their income. He thinks the parameters would be that it has to be owner occupied and monitors the site and they have to get a CUP and be collecting a rent. A lot of people are doing it illegally anyway. Commissioner Lance Anderson stated there are a few of them sitting around and it's sad to see when there is such a need for places for people to live just because our ordinances don't allow it. I don't think it's good for the whole City, but it may fit the old township. Chairman Jeff Loris stated that there is a push for more foot traffic downtown. Dale Coulam stated that we have time and now is a good time to do it. We have something designated on the Land Use Plan we should put definitions to it and parameters on it. He will make some changes and get it back to the Commission and they can add to it. Kevin Rudd stated that Chuck Gillette actually did some work on this on a couple blocks and did some examples that we can bring to put up on the screen. Commissioner Lance Anderson stated that the cross section of road is critical to a lot of this. I think a lot of neighborhoods would like it. Kevin Rudd stated that he has been talking with one of the neighbors down there and Lloyd Hafens' family wants to split his lot. There is a struggle because of 300 West and how to make it work. He is in a care center. His family can't do it. Chairman Jeff Loris stated that when he bought the lot he has he had a master-plan to split the lot. Others in that area had done that. That was his plan 8 years ago. Commissioner Lance Anderson stated that we should look at others as well. It makes sense to improve these areas by doing this.

Chairman Jeff Loris asked to change Page 5 line 9 to "plan to"

MOTION: Commissioner Mike Scott moved to approve the Ivins City Planning Commission minutes for February 03, 2015.
SECOND: Commissioner Lance Anderson

VOTE: The motion carried unanimously.

MOTION: Commissioner Lance Anderson moved to approve adjournment.
SECOND: Commissioner Bryan Pack

VOTE: The motion carried unanimously.

Meeting adjourned at 7:10 pm

Respectfully,

Sharon Allen
Deputy City Recorder
Ivins City

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