|
1) |
WELCOME AND CALL TO ORDER |
CHAIRMAN AND COMMISSIONERS: The meeting was called to order at 05:30 p.m. All present included Chairman Jeff Loris, Commissioner Bryan Pack, Commissioner Lance Anderson, Commissioner Bob Morris, and Commissioner Doug Clifford.
Staff Attending: Dale Coulam-City Manager/Attorney, Cody Mitchell-Building and Zoning Administrator, Lane Mecham-Director of Finance and Sharon Allen-Deputy City Recorder.
Audience Attending: Pamela Gardiol, Chris Haddad, Milja Harper, Lynne Johnson, Sharon Barton, Sharon Aspenberg, Dan and Jan Brown, Patty and Mike Scott, Jon and Nicole Graf, Patrick Manning, as well as others that did not sign in.*NOTICE: This meeting will be held electronically, with some staff located at City Hall as the anchor location. You may listen to the live audio feed by going to www.ivins.com, under "Upcoming Events." When the meeting is live, it will reflect "In Progress" - click on the "In Progress" link to listen to the meeting live. The direct link to listen to the meeting is below: https://ivins.granicus.com/GeneratedAgendaViewer.php?view_id=2&event_id=939 For those desiring to make public comment via Zoom, you can sign into this Zoom Weblink: https://us02web.zoom.us/j/86530572222 WEB ID: 865 3057 2222
A. Acknowledgement of Quorum
B. Flag Salute--Commissioner Bryan Pack
C. Invocation--Commissioner Bryan Pack
D. Disclosures--None.
A. Concept Plan Report for Hidden Springs RV, located at approximately Old Hwy 91. Jon and Jan Graf-Owner/Applicant.
Cody Mitchell stated that this proposal is an RV resort on the south side of Hwy 91 with bumper-pull or trailer camping areas and cabins. There is a common area and clubhouse and a pond with a pump station and more RV sites in the bottom corner. On the west side is the Pendleton property and the spa and then it drops down into a natural spring and replenishes. The concept was first brought forward in 2017 or 2018 and is now being brought back before us. Commissioner Bryan Pack inquired what is the plan for the view from the highway? He sees there is a fence, is there going to be landscaping? Cody Mitchell stated the ordinance was written that required it to be shielded with a fence. The buffer will be landscaped on the street side, with a six-foot fence that will compliment as designed by ordinance like Movara, Azalea, Mojave Mesa and Indigo Trails. Those will all be consistent. Commissioner Bryan Pack inquired if big trees were part of the landscaping? This was modeled after the RV site in Virgin. Cody Mitchell stated he doesn't know that they have made it that far in their design. Trees are great, but there are some great views from this parcel, so they may want to have some trees for shade, but keep their view corridors open. With expenses that have gone up these last few years, Jon Graf has come back in on the perimeter, and that would mean amending the ordinance to put road base in rather than concrete until the project is on its feet. You may see that in the future. Also amending this concept was that there was a buffer area zoned for single family homes, which they have no desire to do yet, but would like to do an orchard, maybe a petting zoo, and move the road into this area. If there were single family homes, it would need to be served by a road. By moving that in, he could acquire five more RV spots to alter it. Otherwise this is a pretty firm concept plan. There will be crash gates for fire access on both corners of this development on Hwy 91. There are 26 cottages and some that back Hwy 91 at the top and more down along the ridge. They are intermingled. Commissioner Lance Anderson inquired so they will do their Conditional Use Permit when they discuss what it will look like? Dale Coulam stated with this being commercial, we will see a Conditional Use Permit and they will have more details then. Chairman Jeff Loris stated he was here during the development of the RV ordinance and there were concerns from the Pendleton's about the buffering area between his house. If the road is allowed to be pushed into that area, would that conflict with their agreement with Jon Graf? Cody Mitchell stated at TRC it was discussed that these homes would have to be served and would need fire access so if they push that road over to serve the homes and the RV resort as well as create that crash gate or possibly a secondary entrance and be able to turn in off of the highway to the homes, when that occurs. There is no sense in duplicating the width of that asphalt side by side, they'd just bump this out and meanwhile pick up a few more RV spots and later serve the single family homes. Chairman Jeff Loris inquired as a finished product, in essence these homes will be part of the RV Park and share access to the RVs on the east and the houses on the west? Cody Mitchell stated no. Dale Coulam stated not necessarily. Chairman Jeff Loris inquired will there be a wall between the houses and the road? If the road is pushed over to access the houses, is there a definitive boundary between the RV Resort and the houses? Cody Mitchell stated they could both use the road, but the problem they may have is on the access point it won't be large enough to accommodate an RV, so that could be a conflict. They are single family homes and not part of the RV resort. They will have to look at that closer at the next stage.
Commissioner Bryan Pack stated our role is to identify any adverse impacts and if they can be mitigated, then this is a use that should move through. Dale Coulam stated it would be permitted, with conditions. For example, you could address how the concrete will be removed, that once this is torn down, it includes the property being restored to its natural state, unless it is under construction for something else. Commissioner Bryan Pack stated so we need to be deciding what those adverse impacts are. Commissioner Lance Anderson stated we should clarify that it is three years of use, not three years that it gets to be built. Concrete is moved every day, but maybe just putting it back to the state it was, unless a new plan is in place. Commissioner Doug Clifford inquired long-term, what will this area be? Patrick Manning stated that area will be roadway. We will have retail shops on the Parkway, then roadway and more shops. Commissioner Bob Morris stated that there will be a building blocking access for three years? It will be asphalt when you are done? Patrick Manning stated no this building will be to the North. It is not blocking anything. We will either tear the building down and restore it to natural state, or it will be buildings in the future road. This is not in Phase One or Two. We will get a certificate of occupancy on resort center of Phase One and then get rid of the building. Commissioner Lance Anderson stated from a marketing standpoint he is old school and likes to see it. He wants to touch and feel what is going to be built. So do the ones with money. The materials they use need to meet our design ordinance and then put the area they disturb back in its place. Commissioner Bob Morris stated why is the placement so close to the roundabout? Is that essential? Can it be pushed back or was that for marketing? Patrick Manning stated that it is not marketing as much as where the utilities are, just power. Chairman Jeff Loris inquired if it could not be screened by the existing buildings and be behind them, but close enough to get power? Patrick Manning stated not with out considerable expense. We have our Judd Palmer water tank and the chute that the trucks run down into is right there. We turned it the direction to look at the red rock so it has a view to get a feel for what it will look like. Commissioner Bryan Pack stated he is in favor of approving this, with the conditions that have been raised, meeting design guidelines and restoring it to its original condition. The intent is not for marketing, and there will not be floods of people flowing in and out of this. Commissioner Bob Morris stated it is just a mock-up.MOTION: Commissioner Bryan Pack moved to approve the proposed Temporary Class IV Conditional Use Permit Amendment Application for Black Desert Resort at Entrada, located at approximately 1630 E Snow Canyon Parkway south of the horse roundabout. Enlaw, LLC-Owner. Patrick Manning-Applicant, conditioned on design of the building meeting our design guidelines and all ordinances, and restoring the area to its original condition, unless it becomes part of another approval process to redevelop that area. Extend the Conditional Use Permit for three years to today's date and have a maximum height of 12 ft and install electrical utilities only.
SECOND: Commissioner Lance Anderson
VOTE: The motion carried unanimously.
Chairman Jeff Loris AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson AYE Commissioner Bob Morris AYE Commissioner Doug Clifford AYE
Cody Mitchell stated that this proposal is made by Sam Patel to divide the parcel from across the street at Tuacahn Drive and split down the center of the road that connects the two. This would allow the applicant to sell off the convenience store and a restaurant site and the canopy and pumps, separate from the retail space. They would have to incorporate a maintenance agreement to take care of the preservation of the asphalt, the landscape, the islands, concrete and lighting. They are well aware of that and willing to do that. Commissioner Lance Anderson stated is there anything that we split off that wouldn't go to the new property owner in agreements we have made? Any agreements the City has made that we need to think about? Dale Coulam stated parking will need to be agreed to, with shared ingress and egress. That would be included in the maintenance agreement. Commissioner Lance Anderson inquired do we need to see the maintenance agreement first, or is that done at City Council? Dale Coulam stated it would be a subdivision, so we could require a development agreement. Either they come up with maintenance agreement that runs with the land that's recorded, or we do a development agreement that gets recorded. Commissioner Lance Anderson inquired what about fire? Any conflict there? Dale Coulam stated no it would be a shared agreement that would be as if it was one owner. Similar to Movara and Azalea, where they have shared ingress and egress. That is not uncommon. What makes this a little more uncommon is that it also needs to include the parking. Commissioner Bryan Pack stated there is no use changes being proposed? Cody Mitchell stated the use is the same. There is no application to change the use. Chairman Jeff Loris opened the Public Hearing. Mike Scott stated that he lives on Grandview Drive. Two issues he sees with this plan is that something has changed that makes parking inadequate. The staff report stated three restaurants and the original plan had only two in the plan itself and in the parking calculations. If there is a third restaurant, retail only requires four parking spaces but restaurants require twelve. The original plan shows 91 spaces that was two more than they needed for all the uses. No matter which space a third restaurant was in, there needs to be more parking than there is currently. The proposed lot one will not have sufficient parking in itself, and the commercial uses require 42 parking spaces, but there are only 21 parking spaces, if separated into its own lot. The staff report stated that the applicant will work on a maintenance agreement and create an association to enforce that, so it may allow lot one to have parking on lot two, but shouldn't they each meet all of the City's requirements separately? The City should approve an agreement before approving this plan to separate. Second, how do they assure the agreement doesn't get altered? Just because you record it, doesn't mean the owners couldn't change it. What mechanism is in place to ensure that the City remembers this parking agreement exists long into the future? Over time, people come and go on the Planning Commission, City Council, Staff and unfortunately so do our memories. In time, if forgotten, this agreement could leave lot 1 high and dry and undermine the reason for having the required parking in the first place. Dan Brown stated that he lives at Praya Drive and wonders why does the developer keep making changes? Just say no. How does this help our City? Hearing no further comments, Chairman Jeff Loris closed the Public Hearing.
Chairman Jeff Loris stated there is an agreement to keep up with the surface above, but what about the surface below? There are three or four 10k gallon tanks that borders the subdivision line, their agreement needs to have an understanding if there is any damage or leaking from this. Councilmember McDonald had to do several reports with the federal government to see if his land was contaminated by the ground adjacent to his. Mike Scott and Dale Coulam stated if ownership can give a buffer around this potential contamination area and maybe come up and jog across the middle, it may add some parking stalls and solve the issue of parking as well as contamination. Dale Coulam stated the Conditional Use Permit limits it to two restaurants only. They had asked for three originally, and were told they don't have enough parking for it. Their hope was that operating this it into the future they could prove they wouldn't use all the parking spaces we required. Therefore, they may have a slim chance of getting a third restaurant approved in the future. As for an agreement, the City needs to be party to that, and a development agreement is the best way to go. Recording it helps to jog memories when you check it. He is concerned about any potential environmental hazards and at a minimum disclose that to the owner of lot two. Commissioner Bryan Pack inquired what if we just said liability is joint and several? Dale Coulam stated the entire parcel may need to be used for that cleanup, and we need access to that entire parcel to clean up if there was a potential leak. It would be joint and several liability between both lot owners. That alone may kill the subdivision. Commissioner Bryan Pack stated that essentially means they are both fully liable for whatever happens. Commissioner Lance Anderson stated if they make it an HOA they can dedicate is common area and they get an easement for that tank and they could have in the easement who is responsible for the tank. That way you don't kill the subdivision, because we are not changing the uses at all, just how it functions. They could dedicate that parking to the HOA and give easements for the tank and who is responsible for them in the easement, and this all gets mentioned in the development agreement. Commissioner Bryan Pack stated but that is not what is being presented today. Doug Coulam stated that parties to an HOA agreement is not as strong as joint and several liability because that is the entire parcel that stands behind cleaning up that site if that needs to be done. We can close the Public Hearing and give the owners a chance to determine how they are going to resolve these issues. Commissioner Lance Anderson stated lighting as well. If they separate off, we want that agreement to stay to what we approved. Doug Clifford stated we want to be sure that with splitting these parcels, the total of the two properties still equal the uses they have. Chairman Jeff Loris stated the property line can be modified and moved to create more parking and create a buffer for any subsoil contamination. Commissioner Bryan Pack stated even a shared parking agreement would solve that. How the City remembers is a good point. It would be a recorded agreement, but up to the City to remember in the future. Commissioner Lance Anderson stated that every agreement we do has that. 10 years go by and we have to recall what the people that made that agreement were trying to tell us. Commissioner Bryan Pack stated that a recorded development agreement would be the way to do that.MOTION: Commissioner Bryan Pack moved to table recommendation of a proposed Preliminary Plan for Canyon Crossing, located at approximately the corner of Snow Canyon Parkway and Snow Canyon Drive. Canyon Crossing Investments, LLC-Owner. Sam Patel—Applicant.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chairman Jeff Loris AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson AYE Commissioner Bob Morris AYE Commissioner Doug Clifford AYE
A. Discuss and consider approval of Red Desert Phase 5 Final Plat, located at approximately Red Desert Trail. Red Earth Development Co, Inc-Owner. Rob Roush-Applicant.
Cody Mitchell stated this is two lots on 1.01 acres and zoned RE-15. The Preliminary Plan was approved in February 2015 and the applicant is just adding two lots to the final plat. Lot #7 and Lot #9 are the two lots with this application.MOTION: Commissioner Bryan Pack moved to approve Red Desert Phase 5 Final Plat, located at approximately Red Desert Trail. Red Earth Development Co, Inc-Owner. Rob Roush-Applicant.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chairman Jeff Loris AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson AYE Commissioner Bob Morris AYE Commissioner Doug Clifford AYE
B. Discuss update on exterior colors. Dale Coulam stated that the Governor issued a letter requesting a special session that starts on the 19th at 9:30, and included in the list of things to be considered were building regulations. What happened to HB98 was it got vetoed not because of building regulations, but because FEMA objected it would remove flood insurance for 226 cities in the State. The bill has now split apart and the building regulations will be a separate bill. The League was not opposed to it and the Governor said he wanted cities to do those things to help with affordable housing and that he intended to sign the bill if the FEMA objection was corrected. He expects we will see it come out in a different form, under a different number. He has not seen what those regulations are yet, but it will be in the special session. Commissioner Lance Anderson stated they are changing it all for affordable housing. They are changing building regulations for the entire state? Dale Coulam stated yes Legislature and Senate. It came to the Governor as a passed bill. Commissioner Bob Morris inquired if we heard from the Ombudsman? Dale Coulam stated not yet. Commissioner Doug Clifford stated what is the take on the gist of the Governor's reasoning for doing this? Dale Coulam stated that the Governor came through the ranks of local government and he is pro-local control and a lot of things are being pushed through right now under the reasoning of affordable housing. There is a huge demand for housing in the state, and they are convinced the more regulations we put on them, the more unaffordable a home becomes. Commissioner Lance Anderson stated and in the same breath we say we have no water for any of them. It makes no sense. We have spent years trying to keep local government in our environment, and it is pretty defined what Ivins citizens want. More legislators are developers that want to come in, build and leave town and then be done. They don't care what we look like. Dale Coulam stated it is true that more legislators are developers and have not gone through local government. Commissioner Bob Morris stated that Planning Commission is making restrictions in such a manner that low-income people are unable to live in the area. That is what we are having to prove isn't happening here. That is difficult to prove when you look at the average cost of a home and we are not supposed to be prohibiting people from living in our area with these tactics. Commissioner Lance Anderson stated we are not. The affordable housing we have, the day they moved in, the value went up 50k in equity. Commissioner Bob Morris stated affordable housing is a concern, because we all have children that need be able to move out and afford rent. Currently there is a duplex for $1950 and that is not affordable housing. Something has to be done. We have to prove as a City that people that are 15% below median income can live here. Commissioner Lance Anderson stated that cost and materials have nothing to do with our ordinances. Commissioner Bob Morris stated with cost and inflation something has to be done. We don't want state-mandated housing. It is being addressed next Tuesday at our affordable housing meeting if you want to join us. We have to come up with solutions or else it will be mandated. One of the solutions is allowing people to rent casitas and basements and open up $400-700 units in our City. These are things we will be addressing.
C. Discuss amending limitations on height and size of attached garages in relation to primary dwellings in residential zones.
Dale Coulam stated this came to us by S&S Homes. 12k people came through their model home during the Parade of Homes. Their approved design of three models that are popular include an RV garage and accommodates the newer RVs, but because of our sq ftg size requirements they were required to put in an interior wall and turn it into mancave or bathroom, or some other usable space and not have it part of the garage. So what they are really looking for is a sq ftg increase so they can be longer, and it would not change design of models of homes, it is just the interior wall. Cody Mitchell stated that they were not as concerned about height, but the clause that we are referring to is that the height of the garage cannot be higher than primary residence. That has caused heartburn with new developers coming in. The primary dwelling has to be the highest point or equal to the garage. Dale Coulam stated their models met height requirements but our sq ftg limitation doesn't allow them to use the entire garage as an RV garage. They had to create an interior wall and make it some other usable space. Chairman Jeff Loris stated Item 4A states that the total sq ft of any attached garage shall not be any greater than 50% of the sq ftg of the footprint of the primary structure excluding the attached garage on lots less than one-half acre and 60% on lots half-acre to one-acre and 70% for lots larger than one acre. Are they are over half the size of the house in footprint? Commissioner Lance Anderson stated they can be. He has the same problem. This ordinance came about because of the Baker and Butler houses which were tiny homes with huge garages, so they looked like a commercial building. It needs to not look like a separate component to the house. The massing on those can be terrible. Primary buildings shall not be higher than the building and if it is a flat roof house, you don't know if it is garage or not. If you build it right, you can't tell it is garage or not. We need more architectural movement on that but it is hard to write that down on paper. That was the intent of this rule, was to keep houses from looking like a commercial building. Chairman Jeff Loris stated regarding massing, how do you put a 14 ft door in on an RV garage and two-foot parapet then it definitely looks like an RV garage. Commissioner Lance Anderson stated he has been working on designing a house putting pop-outs, so it doesn't look like an RV garage and makes it look more like a home. He wants to apply this, so he knows how it looks when it is applied. Dale Coulam stated this came about as citizen comment to City Council by S&S Homes so it starts here. Chairman Jeff Loris inquired if we are looking at size versus footprint, what kind of access do we want to allow? Are we back to the Baker house? Commissioner Lance Anderson stated that is the dilemma is how to make it look like a home. You would need it to be set back. He wants the massing to fit. Commissioner Bob Morris stated we are not tricking anyone thinking that a 14 foot garage door won't look like an RV garage. Once we say 70% you are not going to get that kind of cooperation. We will be opening it up. He has no problem with that, if that is what's needed for a modern-day RV garage. Commissioner Lance Anderson stated it won't matter if the Governor takes away all our design and architecture. He wants the percentages to be design and architecture. He wants the massing to fit the house. Commissioner Bob Morris stated we should ask S&S what percentage they need. Commissioner Bryan Pack stated maybe we need a maximum number. Commissioner Lance Anderson stated it is 756 sq ft for an RV garage. Commissioner Bob Morris stated that if you need 756 sq ft, then you just need a 1500 sq ft home on the side of it. Chairman Jeff Loris stated it is a two-car garage, and the RV. 1000 sq ft so 3600 sq ft house. Commissioner Bob Morris stated then they need to build that size house to be in compliance. RV parking is not affordable housing. Cody Mitchell stated this ordinance was written in 2005 to limit commercial-looking properties. In 2005, it was 50% straight across the board. In approximately 2012 a petition to amend the ordinance was how we got the percentages. Short of an acre, you are 50%, an acre is 60%, over an acre you are 70%. Along with that, each home is allowed a detached garage, if you have the footprint. It is the same equation, but now you include your primary footprint along with the attached garage. You are not limited but they are not willing to detach at this time because the plans they have are working and selling. But, everything is selling right now. Justin Egbert stated that their key thing is that they are already building homes with an approved footprint, but it is just adding that interior wall to cut off part of the garage area in order to meet your sq ftg requirement. During the Parade of Homes, 12k people went through our home, and we received multiple requests to extend that garage to accommodate those RVs. We want to build beautiful homes and meet the demand of current customers and we have 72 lots in Anasazi Vista. We want to meet the code and meet desires of our customers as well. We actually had people requesting 50 ft long garages and our largest is 34 ft long. Another issue is having the roofline as high as the garage. We have designs with extra height in the trusses in order to accommodate having the roofline the same height as the garage. We are okay with making that happen, but it is primarily the sq ftg that is a challenge. Commissioner Lance Anderson stated if they put a jog and go to a 14 ft door, you can actually drop down a foot because the door mechanism takes a foot of ceiling space, so you can actually save a foot in height and still have the same usable space. That gives movement in your parapet also. Chairman Jeff Loris inquired are these flat or pitched roof homes? Commissioner Lance Anderson stated both. Commissioner Bob Morris stated that if we ignored the size and increase to 70% of the house you were building that gives the added 1750 needed, and set that 70% or maximum of 1750 sq ft and that solves it. Cody Mitchell stated that is a very generous number. A two car garage is 5-600 sq ft. A 50x14 is 700 sq ft, so right around 12-1300 sq ft for a two-car garage, plus an RV. With a 12 ft door, that is a wide garage. Justin Egbert stated that the Parade of Homes garage is 14 ft 6", so 725-750 sq ft for the RV and a 10 ft door. Chairman Jeff Loris stated that the freeway lane is 12 ft. Cody Mitchell stated that a two-car garage is required, so 5-600 sq ft is comfortable, so that total is around 1300 sq ft. Commissioner Bob Morris stated so 60% would be 1500 sq ft and that would be the maximum. We would get rid of the 50%. We could keep the 70% for a bigger lot. We don't need to change that. Commissioner Lance Anderson stated and leave the other numbers alone. Just change the low number. This sounds okay as long as we put in a design guideline, so they don't take away viewsheds while trying to meet the requirements of our ordinance. We need to find a way to jog the 50 ft so it isn't a Walmart wall. There needs to be some articulation in the wall and make the front a bit wider than the back part and they still get their space. Commissioner Doug Clifford stated he has some large garages in his neighborhood. From a street view if all you see is garage doors, it gives that look of a commercial building. Maybe we have a number for linear feet of exposed doors versus width of the property line. Ivins is a retirement community. They want tons of space to bring all their toys, stay a couple days and then go home. There are garages double deep with giant cargo trailers and side by sides in the garage. We are courting a lot of people building homes like that. Chairman Jeff Loris inquired why not say no? Is there a reason we need to do this? If it just S&S homes, do we want to change this entire ordinance for one developer? Commissioner Lance Anderson stated the reason he would say yes is he sees the demand, but he would rather say no if we allow just one 50 ft plane and no articulation. We need to create movement, so one roof line is lower than the next. Chairman Jeff Loris inquired so the requirements would be the same as commercial townhomes, where it can't be any longer than 40 ft before it offsets at least 2 ft? Commissioner Lance Anderson stated so around 15-20 ft you need some offset, so you don't notice the garage besides the doors. Commissioner Bob Morris stated so we are looking at a percentage, and how many breaks per lineal feet of front of garage doors. Commissioner Lance Anderson stated he does not like people building 3 ft trusses when everything we deal with is views. We don't need to add 3 ft trusses to match the height of the garage house, so it doesn't look like a big block.
D. Discuss and consider approval of the Ivins City Planning Commission Meeting Minutes for May 4, 2021.
MOTION: Commissioner Doug Clifford moved to approve the Ivins City Planning Commission Meeting Minutes for May 4, 2021.
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
Chairman Jeff Loris AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson AYE Commissioner Bob Morris AYE Commissioner Doug Clifford AYE
A. Planning Commission
B. Chairman
C. Building and Zoning Administrator, Cody Mitchell
D. City Attorney, Dale Coulam
E. Items to be placed on future agendas Commissioner Doug Clifford stated that he gets lot of questions about water issues. We need to be thinking about the impacts of what we are doing while people are building. Dale Coulam stated we are having a discussion on Thursday night at City Council.
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
Chairman Jeff Loris AYE Commissioner Bryan Pack AYE Commissioner Lance Anderson AYE Commissioner Bob Morris AYE Commissioner Doug Clifford AYE