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WELCOME AND CALL TO ORDER Staff Attending: Kevin Rudd-Building and Zoning Administrator, Dale Coulam-City Manager/Attorney, and Sharon Allen-Deputy City Recorder. Audience Attending: Dee Osborn. |
CHAIRMAN AND COMMISSIONERS: The meeting was called to order at 05:30 p.m. All present included Chairman Jeff Loris, Commissioner Mike Scott, Commissioner Bryan Pack, and Commissioner Lance Anderson.
Commissioner Adel Murphy was excused.
A. Acknowledgement of Quorum
B. Flag Salute--Mike Scott
C. Invocation--Jeff Loris
D. Disclosures Commissioner Lance Anderson disclosed he may have a conflict with the Taviawk Plat (Agenda Item 5). All other commissioners stated they had no conflicts.
A. Discuss and consider requirements for a Short-Term Rental Overlay Zoning District.
Kevin Rudd stated that Staff used the Subdivision Enhancement Overlay to create a template for the Short-Term Rental Overlay. It is a great idea to require open space, landscape enhancement, amenities, and to provide density bonuses in return to remove any kind of taking situation. The purpose of the zone is for short-term rentals particularly by owners who reside elsewhere and wish to rent their units when not in use. The application process would never have an overlay without a subdivision plan. We would be able to see what they are offering. The base zone would be the guiding document as far as density, setbacks, etc. The zone would stay the same with an overlay on it. This states that it is in residential zones, including multi-residential. We did not include any commercial zones. In order to qualify, parcels must not be less than 5 contiguous acres. There has to be a property manager onsite or offsite and available within 20 minutes 24 hours a day. They have to maintain a Utah Sales license and collect and submit the transient room tax. A sign must be displayed on the outside of the project with contact info on it. All amenities must be located on the interior of the project, meaning at least past the first layer or row of homes from the boundary, as a buffer. Because of the transient nature of these developments we need to require that they have a community garbage and an open lane for the garbage truck. Commissioner Lance Anderson stated that we should say that individual garbage cans will dump into the community garbage. He suggested that if short-term rental of a unit doesn't work, these could become regular units and that we not define which ones those are. That is the developers' choice. Kevin Rudd stated that was up to the Commission and Council to decide if units may or not be used as short-term rentals, but all could be used as short-term rentals. Commissioner Lance Anderson stated that we let the economy decide that rather than the Commission. Commissioner Bryan Pack inquired why not designate which units would be short-term rentals and which ones never would be rented out? Once a person buys it, I don't think it would be right for a developer to switch things up on them. This language gives the developer more options and the people know up front what to expect. Commissioner Mike Scott stated there are two entities, one is the developer and market conditions change, so the more flexibility, the less risky. The other is the consumer. If the developer selects how many and which areas are going to be short-term rentals, the consumer will already be aware of that. Kevin Rudd stated that a masonry wall is required around the entire perimeter of the property because it will abut residential homes and it is a higher impact. The entire project has to be landscaped, just like multi-family. They are required to maintain all landscape improvements. The zoning map will designate where rental properties have been approved. Kevin Rudd stated that they have to provide a minimal of 10% for usable open space. There will be a development agreement. We would regulate these with an actual business license with the representative and the owner on the license. The property manager is the person we would call first. They can lose their license if they go against this agreement or don't collect the sales tax, as well as any other remedies available. This way we can educate and explain the rules and requirements to them. The rest talks about how to earn density bonuses. Commissioner Lance Anderson inquired about accessory buildings. Kevin Rudd stated that 25% of your rear yard can have accessory buildings. Commissioner Lance Anderson stated that he would rather see one big shed than 10 little sheds in the back of each unit. Kevin Rudd stated that Staff will make changes and set this up for a Public Hearing. It will be brought back with August 4th changes and we'll see if the City Council approves the Land Use Plan with Short-Term Rentals.
B. Discuss and consider recommendation of Amended Final Plats for Ivins View and Ivins View II. Located at approximately 400 S. and Main. E & B Ivins, LLC-Owner. Eric Larsen-Applicant.
Kevin Rudd stated that the original plat had a third lot in it. On the amended plat, now they are reducing it down to two lots. One of the notes on the plat is requiring that both homes have access from Main Street only. They have to landscape the perimeter. The owner owns the next subdivision over as well. He would like to put a tennis court back here. With the change he is increasing 10 feet of additional property for the neighbors' backyard. There was a settlement agreement to accomplish the landscape buffer. It allowed him to reduce it down to a total of 15 feet and he will maintain that landscaping. This amendment has been reviewed by TRC and Staff recommends approval.MOTION: Commissioner Bryan Pack moved to approve Amended Final Plats for Ivins View and Ivins View II. Located at approximately 400 S. and Main. E & B Ivins, LLC-Owner. Eric Larsen-Applicant.
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
Chairman Jeff Loris AYE Commissioner Mike Scott AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson AYE
C. Discuss and consider recommendation of Final Plat for Taviawk XI-J. Located at approximately 800 N. Kayenta Parkway. Kayenta Development-Owner. Lance Anderson-Applicant.
Kevin Rudd stated that Paiute Drive comes down on the upper end of the development. This complies with the preliminary plan that was approved by the City Council. This has been reviewed by the TRC and we bring it forward with a recommendation for approval. Dale Coulam stated it will require some additional abandonment of 600 West but that should not hold up approval of the plat.MOTION: Commissioner Mike Scott moved to approve Final Plat for Taviawk XI-J. Located at approximately 800 N. Kayenta Parkway. Kayenta Development-Owner. Lance Anderson-Applicant.
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
Chairman Jeff Loris AYE Commissioner Mike Scott AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson RECUSE
D. Discuss and consider approval of the Ivins City Planning Commission minutes for June 16, 2015. MOTION: Commissioner Mike Scott moved to approve the Ivins City Planning Commission minutes for June 16, 2015.
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
Chairman Jeff Loris AYE Commissioner Mike Scott AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson AYE
A. Planning Commission Commissioner Mike Scott stated that the Arts Master Plan Committee is having a meeting tomorrow and they have gotten a lot done in the last two weeks. They should be finalizing the first quarter of the document.
B. Chairman
C. Building & Zoning Administrator, Kevin Rudd
D. City Attorney, Dale Coulam
E. Items to be placed on future agendas
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
Chairman Jeff Loris AYE Commissioner Mike Scott AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson AYE