The meeting was called to order at
05:30 p.m. All present included
Chairman Dave Robinson,
Commissioner Doug Clifford,
Commissioner Pam Gardiol,
and Commissioner Perry Brown.
MOTION: Commissioner Doug Clifford moved to suspend rules to move Discuss proposed amendments to the Resort Mixed Use Zone further down the agenda and discuss Item 4C regarding the Moderate Income Housing Plan first.
SECOND: Commissioner Perry Brown
VOTE: The motion carried unanimously.
| Chairman Dave Robinson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Pam Gardiol |
AYE |
| Commissioner Perry Brown |
AYE |
MOTION: Commissioner Doug Clifford moved to table proposed amendments to the Resort Mixed Use Zone. Roll Call Unanimous.
SECOND: Commissioner Pam Gardiol
VOTE: The motion carried unanimously.
| Chairman Dave Robinson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Pam Gardiol |
AYE |
| Commissioner Perry Brown |
AYE |
Mike Haycock stated that there are a lot of places in the ordinance for design guidelines for different type of structures. He would like to reference them back to Chapter 19 or establish that accessory structures should look like existing residences. If your house is a brick structure even if it doesn't look like our colors, it needs to match. Chairman Dave Robinson stated that his house was stucco and he built his out of block in a similar color. Mike Haycock stated if you have an 8000 sq ft house you can have an 800 sq ft Accessory Dwelling Unit, but if you are on an R-1-10 and it is 2000 sq ft house you can get a 600 sq ft Accessory Dwelling Unit. Our ordinance says 10% or 600 sq ft, whichever is larger. It is based off the size of the house, not the lot. You can have 600 sq ft on any lot, if you meet the setbacks. We could do it by the density of the parcel instead of the house, the amount of coverage. That is what he is suggesting. We still limit Accessory Dwelling Units to a certain size, but it is based off the open area of the lot. Commissioner Doug Clifford inquired that is the footprint? Mike Haycock stated yes. Not total square footage. The size of the footprint. Chairman Dave Robinson stated he understand the concept, but a 2000 sq ft on a 7500 sq ft piece of property, there is no room to build anything on it. Our setbacks are ten feet. Mike Haycock stated we can come up with some examples to do those calculations. On a detached garage with an 8000 sq ft footprint on an acre could have 7% coverage based off the footprint of the residence and a half acre is 50%. 60% on larger lots. The carport rule is the same, but it does not talk about combos and it does not have a limit. An awning is limited to 1/3 of the yard or 800 sq ft, whichever is greater. He would like to do a percentage of coverage for whatever structure they want, but once they hit that percentage they are done. People are changing their home sizes to get their home bigger to get the garage that they want. Same with new construction because their garages can't be taller than the house so they are massing and bringing the roof higher so they can get that size garage. The unintended consequence is getting houses all the way to 25 ft so they can have the garage that they want. If we change to area coverage, then someone doesn't have to add onto their house or take up more space than they need to build the garage that fits their motorhome. He was thinking 50% coverage for medium-sized lots. 60% on the larger lots up to 70%. We would have to do some scenarios. Commissioner Pam Gardiol inquired so the larger the lot, the more mass can be built? Mike Haycock stated a percentage of coverage. We can look at something different, but most people would rather cover their lot with buildings rather than grass. Years ago we all liked yards and small houses. Nowadays the majority of homes cover their lot already. Commissioner Pam Gardiol stated that is a house, but you are saying multiple structures, and the larger the lot the more structures they get. Mike Haycock stated that next meeting we can play around with different dimensions to see the cause and effect. Chairman Dave Robinson inquired if they would please use lots that are in existence? His wife would like an Accessory Dwelling Unit but there is no possible way with the current ordinance on our lot and we have a pretty good-sized lot. Fred Castagne stated to clarify on a smaller lot there would be a percentage of coverage and they put a smaller house to allow room for an Accessory Dwelling Unit. They have to meet the primary structure setbacks. The problem right now is the house footprint. Chairman Dave Robinson stated we are trying to find ways with existing houses to get these Accessory Dwelling Units in place. Fred Castagne stated another option is zero setbacks on Accessory Dwelling Units from property line. Then you get a house right next to your neighbor's house. That doesn't meet the General Plan. Mike Haycock stated that the general requirement is a setback of 3 ft, 5 ft and 10 ft and maximum wall and building heights are set. The further back you get, the taller you can get. Chairman Dave Robinson stated that is great but there is no room. He loses 13 feet before he even starts. You can't fit anything. Mike Haycock stated that 10 feet is based off of the old IRC and now it addresses it by coming closer to the house and doing a firewall and instead doing a breezeway and now it is an attached Accessory Dwelling Unit. Chairman Dave Robinson stated but then you can't use the 3 ft setback. Now you have to use 10 ft. All you have gained is 3 feet and you still can't fit it in a 15K sq ft lot. Mike Haycock stated that larger lots is where you want more Accessory Dwelling Units rather than smaller lots. Chairman Dave Robinson stated he agrees but we are in a cost situation, and he lives in the house he is in. Mike Haycock stated we had one move in without permits against the neighbor's fence and taller than the structure and spent 100k and are now spending more money to get a trailer to haul it out of there. Chairman Dave Robinson stated that these guidelines don't fit. Mike Haycock stated we don't see garages with Accessory Dwelling Units on top. If the house is tall enough, we could consider height as we go further back from the property line to promote more Accessory Dwelling Units on bigger lots. Commissioner Pam Gardiol inquired how does that relate to structures to the height standard in the city? Mike Haycock stated right now it is 15 feet and detached on garages is 20 ft. It is bound by the height of the house. There is a really bad map in the ordinance. We have a better one that Tom Jorgensen has for us. It is for the old township for carports that allows special building materials that he thinks we may want to go away from. Chairman Dave Robinson stated if they are built out of masonry they are fire-proofed and you can eliminate setbacks for a larger structure. Fred Castagne stated you would have to change the ordinance because a casita binds you to the setbacks of the zoning. Chairman Dave Robinson stated we could write those regulations. Fred Castagne stated there are eaves as well, but as far as fire, that is doable. You may need to re-think the zoning to allow an Accessory Dwelling Unit near a property line. Chairman Dave Robinson stated we have to in order for them to fit. Mike Haycock stated we have the tapered view corridor we try to maintain for accessory structures. It is not written for single-family dwellings so those can be close to 10 feet. A garage can be the same height as the house. Commissioner Pam Gardiol stated they shall be constructed of similar materials and colors designed to blend with the primary building. Carports may be constructed to match or engineered metal building. But under materials prohibited is corrugated metal. Are we looking for consistency of materials or appearance? Mike haycock stated either send it all back to look of the house or back to Chapter 19. We have a metal structure out here that looks great. You get an unpainted structure that is reflective, it looks really bad. We want to make it look like the original structure or allow metal and match our color spectrum that the Arts Commission is working on. Then it matches our community and eliminates the types that don't meet. Commissioner Pam Gardiol inquired if structures are to be built in alignment with the primary structure? Mike Haycock stated yes or meets Chapter 19 guidelines. That is his recommendation. Chapter 19 is tabled right now at City Council for the color palette and light reflective value. That will need to be brought back up again. Chairman Dave Robinson stated it needs to look like the house or in a carport situation, similar color. Fred Castagne stated they don't want to see corrugated galvanized metal. Now they can be factory painted. it is not that they can't have metal at all. Commissioner Pam Gardiol stated as long as the overall appearance is complimentary. Chairman Dave Robinson stated the house across the street from him has a 14 ft metal carport and has screening for shade on the side. That is an acceptable look for a carport. He stated that we agree that going towards the design guidelines is a good direction. Commissioner Pam Gardiol stated on the limitation on height says that the number of garages is a maximum of one attached and one detached allowed on each lot. Mike Haycock stated one is part of the structure within 10 feet. Detached is outside of the 10 feet. They can have both. It will come down to percentage of coverage. Do you like the idea of graduation of structures to 25 ft tall if you extend your setback further? Chairman Dave Robinson stated but it can't be taller than the primary structure. We are not encouraging Accessory Dwelling Units on R-1-10. They can have a carport or awning. If we are doing that for the benefit of getting a garage with a dwelling unit above it, would the house have to be two-story as well, or up to 25 ft? Mike Haycock stated yes. We have been limiting Accessory Dwelling Units by saying it can't be taller than the primary structure. That is why we have people adding to their primary structures to go higher somewhere else. We aren't encouraging Accessory Dwelling Units on R-1-10 with this. They would be larger lots. We will give you some options on that. We don't have gazebos in the ordinance. We would include that. Right now, an awning has to be attached to the house. We would have to add that definition. Chairman Dave Robinson stated that's appropriate. Mike Haycock stated next meeting he will bring back some examples. Commissioner Doug Clifford inquired what is the difference between internal and external? The Governor is pushing for both. How does that fit into our plan? Mike Haycock stated that our external went above and beyond what is required per the State code. They can do internal if they have additional parking. Someone could rent a basement or a bedroom. It is part of the residence without having to add on and can be counted as an Accessory Dwelling Unit. Commissioner Doug Clifford stated that adding on can also be an option for motivation to do that. That should be the option we motivate people to do. Let additions be done to existing homes. We are trying to treat a problem of building another whole house when additions to existing homes and turning that into an Accessory Dwelling Units internally makes more sense. Mike Haycock stated there is not much advertisement for them, and they aren't being encouraged because of an impact on parking. When we find a fit for it, we will see more of it. There are lenders now where you can qualify for more house if you do an Accessory Dwelling Unit. Chairman Dave Robinson stated there really is nothing as a city other than advertising if possible that we can do. They can do an addition as long as it meets setbacks. Commissioner Doug Clifford stated it should be pushed more at the State level. Mike Haycock stated out of all the solutions that one would make the most of an effect. High-density is not the Ivins way to do it.
Mike Haycock stated that we have three goals that we should look at and make sure those are the ones we want to go with for this year. One Councilmember sent out an email regarding this. We are close to the end of the fiscal year. To change a goal, we need to do it quickly. The report is due in October. If they deny any changes, we have to go back and fix it or ask if we can change our dates. If we are not found in compliance with our Moderate-Income Housing, it is $250 a day. It is possible, but we should stay with the goals we have. Chairman Dave Robinson stated he would like to stay with what we have. Commissioner Pam Gardiol inquired if there is a reason or what constraints would not make that timeline possible? Mike Haycock stated one of the goals was impact fees on Accessory Dwelling Units and right now they are paid by connections. We would have to change our impact fee to require it and then change it again to exempt it. That is difficult. The one the Mayor is working on with different groups. He doesn't know if it will be done by October. He completely guessed wrong on our first milestone with the General Plan. We need to meet milestones. We are in year two, but we have to meet objectives within three years. Chairman Dave Robinson inquired that you are saying with Accessory Dwelling Units, we would have to write two new laws? Mike Haycock stated right now, they are written as a connection. We would have to do a study so that Accessory Dwelling Units have a charge and then exempt out Accessory Dwelling Units. Right now we are not collecting an impact fee, so the net gain is zero new housing. Chairman Dave Robinson inquired can we not leave it and exempt it? Dale Coulam inquired if they are not charged an impact fee, why do a study to charge it and then pass an ordinance to exempt it? That is the net result you want. Accessory Dwelling Units already aren't in the study, so it can stay the way it is. We just keep track of the number of connections and add Accessory Dwelling Units as new connections as part of Moderate Income Housing. You don't charge and then exempt it. It is already done. We don't charge an impact fee on Accessory Dwelling Units. That would be a lot of work to get to the same place we are now. Chairman Dave Robinson stated we are already meeting that. Commissioner Pam Gardiol inquired if the word "eliminate" is the operative word from the State? Mike Haycock stated he read it as we haven't eliminated it because we aren't charging it. Dale Coulam stated we have allowed them now and modified our rules for Accessory Dwelling Units. Keep track of those connections and report how many Accessory Dwelling Units that we have now that we didn't have before. Commissioner Doug Clifford stated there are several bullet items for Accessory Dwelling Units. Are we picking the right ones? Chairman Dave Robinson stated the third strategy says create and allow for reduced regulations related to internal or detached Accessory Dwelling Units in residential zones. Don't spend money on a study to come back to a net zero. Do the Accessory Dwelling Units detached have a separate connection? Mike Haycock stated no they are all metered off the house so not extra connections. We can tell the State that we are not charging that. Most cities are also doing that. Dale Coulam stated that we don't require a separate connection for Accessory Dwelling Units so focus on the fact that we have changed our laws and ordinances to allow Accessory Dwelling Units and gone beyond what the State required to allow Accessory Dwelling Units and we don't charge impact fees for Accessory Dwelling Units. All of that increased the possibility for Moderate-Income Housing. Commissioner Doug Clifford stated that a phone call would solve this problem. Chairman Dave Robinson stated that Mike Haycock will talk to Chuck Gillette and check with the State. Commissioner Doug Clifford stated that the other goals we are doing are zoning. Mike Haycock stated that Goal 1 is already accomplished. They have us marked off that Goal 1 is being accomplished. Mike Haycock stated that Goal 6 is zone or rezone for higher density or Moderate-Income Housing development in residential, commercial or mixed-use zones near major transit investment corridors, commercial centers or employment centers. We have a transportation corridor, and we could call Black Desert Resort our commercial corridor, but we are not putting Moderate-Income Housing by Black Desert Resort. What the Mayor is trying to do may meet the RM zone or maybe in the annexation portion. In the Resort Mixed-Use you don't have to have commercial. We can do high-density, but the maximum height is 25 feet. He doesn't know that we want 35 ft tall Moderate-Income Housing. RM may not work because of the amount of amenities that it takes to get density. He is considering that in the annexation area. If RM zone doesn't work, then we need to figure out a zone that will. Chairman Dave Robinson stated the good thing about annexations is we get to zone it. Mike Haycock stated that we need the right zone in place. Resort Mixed-Use is a good option. We need to kick these ideas around. We could shift from Goal 6 to Goal 18 which we are already doing and submit it to the State and see what happens. Commissioner Pam Gardiol stated make a phone call to the State to see if that is acceptable. Commissioner Perry Brown inquired why were these the three selected? Why was Goal 15 not selected? It sounds easy. Mike Haycock stated that was getting a housing authority together and monitoring rents. Commissioner Perry Brown stated that it doesn't say we need to do it, it just says if someone came forward, we would partner. Chairman Dave Robinson stated it says "to apply for." Mike Haycock stated we met the requirement for RM but the State said we are not doing anything for Moderate-Income Housing, we are just approving a zone change. This was not result-based at first. It was goals. Now it is result-based. Chairman Dave Robinson inquired so do we want to switch Goal 6 for 18? Commissioner Doug Clifford stated no. Call and get clarification on what we are doing. Is the problem with Goal 6 and that we don't have a measure? Mike Haycock stated they would be 35 feet tall, and it will be high-density covering most of the parcel. Chairman Dave Robinson stated that would only work on the C-1 parcel up the street. Mike Haycock stated that is a view corridor as well which eliminates some of the affordability. Chairman Dave Robinson stated that we don't have the land to be able to accomplish Goal 6. Mike Haycock stated that the bill on the hill states that a developer can get a 5400 sq ft lot approved in any residential zone. They are getting desperate now. He doesn't see that going through this year, but something might stick and then there are unintended consequences. Commissioner Doug Clifford stated they are pressuring to allow smaller lot sizes everywhere. Chairman Dave Robinson stated we get pressure here because no one wants that, so maybe we do need to change that goal. It is not possible to accomplish. Commissioner Pam Gardiol stated she agrees. She looks forward to what the State has to say. Mike Haycock stated he can go to City Council and then put a request in to make the change and switch the two and put longer lead dates in and give us time to work on it. Chairman Dave Robinson stated word it as we attempted to do Goal 6, but we don't have land capable to do it. Mike Haycock stated that another bill being floated is cities paying impact fees for a certain amount of Moderate Income Housing and not allowed to charge impact fees on so many single-family dwellings to solve this problem. These are State legislatures that have not been in our city or how we operate. Chairman Dave Robinson stated we don't control land or sales price. We can't control any of that. How do we encourage it? Commissioner Doug Clifford stated everyone is going higher and getting 3-4 story buildings. Chairman Dave Robinson stated and even when they are reasonably priced, a corporation buys them up and jacks the price up. No matter how many stories they are. Commissioner Doug Clifford stated the market can change if they are small and different and it is a smaller price for the product they could. Commissioner Pam Gardiol stated that staff has their direction. Mike Haycock stated that he will speak with City Council for direction.
MOTION: Commissioner Doug Clifford moved to recommend review Ordinance 2023-01 Goals and Strategies of the Moderate-Income Housing Plan to switch Goal 6 to Goal 18 onto City Council. Roll Call Unanimous.
SECOND: Commissioner Pam Gardiol
VOTE: The motion carried unanimously.
| Chairman Dave Robinson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Pam Gardiol |
AYE |
| Commissioner Perry Brown |
AYE |
Dale Coulam stated that this recently passed and in our rush to get that done we inadvertently left a couple parts off at the end like recording a mylar and who signs the mylar. There are also some tweaks to be made. The statute says the new review and application process applies to single family, two family dwellings and townhomes. It gives no other process for any other type of development. He and Matt Ence both have come to the conclusion to follow the same process because there is no other outline to follow. We will bring those back and see that at the next meeting and then have a Public Hearing and send your recommendation to City Council to amend our ordinance. We will have further amendments to the subdivision ordinance we would like to bring forward. Requirements for the signature block have also changed. The signature of the Land Use Authority. The Mayor's signature is no longer technically required. Then the City Engineer and City Attorney have a signature block. We will rework that as part of signing the plat. He and Matt Ence kicked ideas around and came up with who should sign the plat. It is coming back to you for further discussion. Commissioner Pam Gardiol stated that where it lists "copies of applicable land use regulations" she would like to suggest adding on Item #5, the General Plan. Dale Coulam stated that language is exactly from the statute and purposely doesn't say the General Plan because it is not a regulation. If they follow those regulations, they are entitled to approval. The General Plan is a guide. We make that known to them, but that section is statute. Commissioner Pam Gardiol inquired what about part 202 asking for a vicinity map? She suggests pictures for context, and where it says "project location relative to city boundaries, major and minor roads that serve the property" add "and adjacent properties". It is helpful to see what uses are specifically adjacent and what the zoning is to see a larger context. Dale Coulam stated we can add aerial maps to that, and it would be very helpful. We have given the application process to our engineers and Mike Haycock to review and make changes. We are tweaking that. Commissioner Pam Gardiol stated there is just one more comment where it says on Page 5 "if the technical review determines". That is probably meant to be the TRC. Dale Coulam stated he will correct that. Commissioner Pam Gardiol stated that also on 302C where it says vicinity map, she has the same comment.
MOTION: Commissioner Perry Brown moved to approve the Ivins City Planning Commission Meeting Minutes for January 16, 2023.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
| Chairman Dave Robinson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Pam Gardiol |
AYE |
| Commissioner Perry Brown |
AYE |
Commissioner Pam Gardiol stated at a City Council meeting, the Mayor asked that the Council be more deliberate in their motions in stating findings of fact. She assumes that would be applicable to the Planning Commission as well and help clarify those findings on exactly what should be included in the motions? Dale Coulam stated as we go through the process the recommendation of TRC and the staff report layout what regulations have been met to make it easier for Council or Planning Commission to say based on the staff report or TRC recommendation they move to approve this. He applauds her saying her findings on why she is voting that way. Commissioner Pam Gardiol stated the specificity is that the motion not say the TRC recommends, but here is what substantive things TRC has reviewed so we can include those and show that connection with the General Plan as well. It would be more defendable if it was more specific. Dale Coulam stated it doesn't have to tie to the General Plan because it is not a regulation, but the report can say the applicable regulations so that you can pick some or just base it off TRC's recommendation as a reference.
Chairman Dave Robinson stated that they held their first Final Plat Review Authority. Took us about a minute as a half, plus my half hour drive across town.
Mike Haycock stated that we stopped the Resort Mixed-Use and Resort Commercial zone discussion. We have an application on the Resort Commercial zone and if it is approved it takes away the last Resort Mixed-Use zone. If it doesn't exist, you won't make those two zones available anymore. Or make requirements for Resort Commercial zone? Chairman Dave Robinson stated Resort Mixed-Use goes away and refine the Resort Commercial zone. Mike Haycock stated there were a lot of comments that we aren't resort anymore. Chairman Dave Robinson stated our intent was that Resort Commercial has the term "resort" commercial but we are looking for a single zone to tailor to what we need. We were going to use the Resort Commercial zone to make it more down the middle. We talked about re-naming it, but we have existing Resort Commercial. Mike Haycock stated that after the Resort Commercial zone has been approved, denied or whichever, then we will put it back on and work on the parameters so in the future we know what that zone will look like. Chairman Dave Robinson stated so many people dislike the name resort, could we re-name it? Dale Coulam stated you would keep the existing Resort Commercial and come up with a new name for your new zone. Mike Haycock stated also look at your C-1 or Neighborhood Commercial zones. Dale Coulam stated you could use the Resort Commercial Zone as a base for something else. Mike Haycock stated short-term rentals are anti-moderate income housing, and we have done a great job of limiting those. Limiting Resort Commercial to make it more of a commercial zone to have horizontal hotels. We will put that back on in a few weeks after this zoning application has gone through the process.
|
D. |
City Manager/Attorney Dale Coulam |
Commissioner Pam Gardiol inquired on an update on the Moderate-Income Housing or Open Space Committee and when they will convene? Dale Coulam stated that the Mayor has taken applications and decided who is on the Committees, but they have not been named or notified yet. They should have meetings in the near future.