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
March 3, 2015
435-628-0606

1)	WELCOME AND CALL TO ORDER Meeting began at 5:30 pm.

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

Audience Attending: Gary Eddington, Brad Osborn, Delores Osborn, Claudette Larsen, Jeff Fisher.

Chairman Jeff Loris disclosed that on Item #4C, the Conditional Use Permit for Tuacahn Center for the Arts, Rosenberg and Associates has been contracted for the engineering on that building and he is affiliated with their company.

2)	REPORTS AND PRESENTATIONS -None

3)	BUSINESS LICENSES -None

Kevin Rudd stated that this parcel is located on the Northeast corner of Center Street and 200 West. It is a vacant parcel; part of the Johnson and Joines subdivision that was subdivided back in 2005. At the time it was during the peak end of development. When that was going on, they felt that Ivins was on the verge of needing some additional commercial. They went through the proper procedures and had this parcel changed to neighborhood commercial. This is the same original owner who is requesting that this parcel be changed back to Medium Density Residential RE 12.5. Staff doesn't make recommendations on land use or zone changes. Chairman Jeff Loris inquired if it would revert back to the current zoning. Kevin Rudd stated that currently the Land Use Plan shows this parcel as neighborhood commercial. Before a zone change could be considered it would have to be changed back to Medium Density Residential. The other three lots in the subdivision are all RE 12.5. This lot is a small lot for commercial. It could be a small site for neighborhood commercial, but it could be a few years before that is viable there. Chairman Jeff Loris opened Public Hearing. Hearing no comments, Chairman Jeff Loris closed the Public Hearing.

Commissioner Lance Anderson stated that if something gets built there it will take care of the weeds. Chairman Jeff Loris agreed and stated that it fit right in. Commissioner Lance Anderson stated that it's on the corner and it has no parking. Commissioner Adel Murphy stated that it is a small lot and it just makes more sense to have a house there.

MOTION: Commissioner Bryan Pack moved to approve recommendation on a proposed General Plan Amendment to the Land Use Plan from Neighborhood Commercial to Medium Density Residential - on a .40 acre parcel located at 180 West Center Street (Northeast corner of Center Street and 200 West.) Tax ID I-JJS-4. Ben Johnson-Applicant. J2 Construction LC-Owner.
SECOND: Commissioner Adel Murphy

VOTE: The motion carried unanimously.

Kevin Rudd stated that Tuacahn has spoken of this a number of years ago. This amendment proposes they demolish the existing gift shop and replace it with a larger two level building. The main level where the gift shop is now will be 3230 sq ft. That is on a hillside there. The lower level will have 3215 sq ft. The main uses on the main level include a gift shop and a gallery. They are proposing they would also have their concessions and/or a future restaurant within this building. They also propose a show/daycare area for small children. The lower level of the building will be used for the Charter School which includes a dance rehearsal room, a classroom and storage areas. The materials and colors proposed are consistent with existing Tuacahn buildings. TRC reviewed this structure and felt that the majority of the uses do not increase the impact of existing facilities. It will be used by the current guests at Tuacahn. It just provides them more variety. This does not increase the number of students at the Charter School. TRC feels if they build a restaurant that needs to be reviewed by the TRC and they would have to come in with some building plans and review and determine if it increases impact and impact fees. At this point they are not sure when they would do this. We would propose that an approval be conditioned on that. Kevin Rudd showed a picture of the rear of the building, the stairway and the gift shop, as well as a map of the site plan from the South, and a floorplan of the basement area, along with an upper floor plan. He stated that these uses do comply with the existing CUP and are allowed and TRC recommends approval. Chairman Jeff Loris opens up Public Hearing. Hearing no comments, Chairman Jeff Loris closes the Public Hearing.

Commissioner Bryan Pack inquired on the lower level doors heading outside and whether there are stairs to get out to that lower level. Gary Eddington stated that he is one of the architects and the stairway is an exterior breezeway. The elevator has access from the outside. The rehearsal space has doors that open up to the exterior and sidewalk and eventually a path to the existing amphitheater for the performers. The other spaces will be used for the high school. There is an orchestra, choir classroom and a dance studio downstairs. Upstairs is more of a public space with the gift gallery, food, show/daycare is really for shows so that parents can go to the shows in the evening. Right now there is a temporary building for that so this will replace that. As far as the restaurant and concession space, we are putting in the grease interceptor and stub all the plumbing and power for a restaurant and it will be located to the South towards the high school. All the utilities, water, gas, sewer will all come up the access road behind the high school. Kevin Rudd stated they will hook up to our city sewer in the future, so it would be smart to put it in right now. We recommend the Planning Commission approve the restaurant use now but make it a condition to come back to staff for TRC to review the layout of it. Impact fees could increase and TRC would want to review how many seats they are going to have. If there is a full time restaurant going in, we would have to reassess that. Commissioner Lance Anderson inquired if the restaurant is in the giftshop gallery area. Gary Eddington showed where the restaurant would be and where the public would be served. It may be a walk-up counter for concession or a restaurant. He showed the seating area and the door to outdoor plaza where they anticipate most of the dining to take place that is adjacent to the entry of the amphitheater. Most of the dining will be exterior. The plaza will not be covered, but open.

MOTION: Commissioner Bryan Pack moved to approve recommendation on a proposed Amendment to a Class V Conditional Use Permit for Tuacahn Center for the Arts for an expansion of the Gift Shop, with Snack Bar/ Restaurant, Show/Daycare, Music/Dance Classrooms and rehearsal space. Located at 1100 North Tuacahn Drive. Pugsley, Simpson, Coulter Architects-Applicant. Tuacahn Center for the Arts-Owner, with the condition that they bring back the plans to TRC for impact fee review if the restaurant use is implemented.
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

Dale Coulam stated that the General Plan has not been fully updated since 2008. A lot of things have changed since then. He has made a few changes and also added a chapter that Chuck Gillette had prepared updating some of our population numbers and provided some charts and graphs. In May 2014 there were 3190 total housing units in Ivins City, with Chuck Gillette's data, there is a revised current population estimate approaching 8000. He reviewed the major projects listed in the General Plan that continue to bring additional visitors and attention to Ivins. Chairman Jeff Loris inquired if we would want to add the Veteran Affairs home and Encanto. Commissioner Lance Anderson stated that we should add Coyote Gulch, Kayenta Art Village and Xetava. Dale Coulam stated that Sentierre and Family Dollar Store are also coming soon. We can add a sentence for those two later and update it. He stated the Commission may want some time to massage and think about it. The population chart shows a population estimate in 2050 is just under 25000. Commissioner Mike Scott feels that this section is really well done. On Table 6 he stated that the total housing units suggests that we will be building 140 houses a year. He inquired if that sounded reasonable. Dale Coulam stated that right now it is a little optimistic. For the two years coming out of the recession we were over 100. Last year and this year we are on pace to be just under 100. During the boom we have been as high as 200-220. Commissioner Mike Scott stated that it seems mid-range. That it is not an unreasonable number. He stated that on the last row on Table 6 it should be corrected to jobs, not employees. He also suggested that we update the General Plan every five years. Dale Coulam stated that our Impact Facilities Plan says every 4-5 years, so we are a little behind. Floods diverted a lot of our resources so updating the plan got shelved temporarily.

Commissioner Lance Anderson stated that West Valley City has a program that encourages commercial growth and views it as an investment. That's how they fund their transportation, they view it as a perpetual sales tax and investment for the City to keep it going. Commissioner Mike Scott inquired if they credit that against any impact fees. Commissioner Lance Anderson stated yes. They help put out the cost ahead of time. They budget it and have that money allocated to help take care of the impacts. Dale Coulam stated that in our General Plan is states that growth is to pay for their own impacts, to pay for growth-related expenses. When we calculate an impact fee, we have been assessing 100% of that impact fee. If we assess less, that means growth and existing residents would be paying for some growth-related impacts. Commissioner Mike Scott stated that beyond the economic benefit of future sales tax revenue, commercial development creates an amenity benefit for all of us as current residents in the community and jobs so that could be considered in. Dale Coulam stated yes, but it is hard to quantify but we could certainly list it as a reason, as well as job creation, employment opportunities for our residents. That was one of the reason stated for the Veteran Affairs home. Commissioner Lance Anderson stated that the opening section needs work to speak more about the Big Red Mountain, that we are a resort destination. Dale Coulam stated that he would like to take a couple chapters at a time and think about it and go back and refine so when we are done we have a complete document.

Dale Coulam stated that this draft changes the language on height limits for public buildings constructed along Center Street shall not qualify for a special exception. That was Commissioner Lance Anderson's suggestion at the last discussion. He also added a zoning chapter to be amended regarding Development Agreements. We will have some big projects coming up that will need development agreements with them so he is proposing changes to the development agreement chapter as well. Chairman Jeff Loris spoke with several neighbors around him where it encroaches further West and these seem feasible when it comes to that area. Dale Coulam stated the Commission would have to amend the General Plan first if boundaries to the Old Township Overlay on the Land Use Plan were to be changed. Chairman Jeff Loris stated that the General Plan does not match the Land Use Plan then. Dale Coulam stated that we could say "as generally outlined on the Land Use Plan." Chairman Jeff Loris stated that the area on the Land Use Plan has historically been known as the township. Commissioner Lance Anderson stated that it is the way the blocks were laid out. It is hard to meet the setbacks and the frontage. For a resident if you want to do infill in the old township everything misses by 5-10 feet. With an overlay they would be able to come forward with an idea that meets health safety and welfare, that meets fire criteria. The size of our cross section of our road in the old township, we can't put a 38' road or whatever the smallest collector is. It's impossible to do any infill. Some of these would create a better situation than if you had a flaglot. We need smaller cross section of a road that still meets fire code. The fire road is 26'. Kevin Rudd stated that the old township lots are 145' by 264'. Commissioner Lance Anderson stated that you have to have 72.5 ft minimum on a frontage and it just doesn't work. So we need to determine if we want to encourage and increase the ability for infill. There are a lot of people that want to have casitas as rentals and it would be nice as long as the resident lives there. It's a good place for people going to school or having hard times, and it's already happening, we might as well make it legal. Chairman Jeff Loris stated yes, with requirements. Commissioner Mike Scott stated that we are currently forcing properties to be underutilized. How can we help people utilize their property fully. That makes sense. Commissioner Lance Anderson stated that it would also reduce garbage and the number of complaints. Dale Coulam clarified that the use of existing casitas and new casitas that meet certain qualifications for rent would be for detached casitas. Commissioner Lance Anderson stated yes, it is kind of an area to have some flexibility and it's going on anyway and it is working for people. Chairman Jeff Loris stated if we have an existing condition that has casitas that are being used without garages, if we have an allowance that a garage can be built with a casita it's going to become a nuisance. Commissioner Lance Anderson stated that most of these lots that have casitas are big lots. We could require two off-street parking spaces instead of a garage. If you have an 8000 sq ft lot obviously you couldn't put in a detached casita. Right now it is Single Family Residential and with the overlay we are allowing it to become multi-family. A softer version. Commissioner Adel Murphy stated that they would not be short-term vacation homes. Short-term rentals might be beneficial to people as well. I don't know that answer. With the old township we have a lot of flexibility to improve our community. Dale Coulam stated that the Commission might go by Bella Sol on Rachel and 800 S. They have a short-term rental project and a manager on site, just North of Lava Ridge Intermediate School. Kevin Rudd stated that is an upcoming agenda item. He has a zoning ordinance amendment application that will be a Public Hearing next meeting. The applicant is proposing that Ivins allow short-term rentals like Santa Clara is doing, so staff is looking at that ordinance. Dale Coulam stated that a comment was made that maybe we would allow short-term rentals in the historic township to create an income stream that is badly needed for some of these people, but it's a broad spectrum and where are the lines drawn? He doesn't know where the balance is. Maybe TRC can consider old township setbacks, fire code and cross sections and frontage. We can come back and provide the Commission that information and start drafting and create some general parameters.

MOTION: Commissioner Mike Scott moved to approve the Ivins City Planning Commission minutes for February 17, 2015.
SECOND: Commissioner Bryan Pack

VOTE: The motion carried unanimously.

Kevin Rudd stated that there will be a Casita application and an Zoning Ordinance Amendment next meeting.

MOTION: Commissioner Lance Anderson moved to approve ADJOURNMENT
SECOND: Commissioner Mike Scott

VOTE: The motion carried unanimously.

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