Copy of the City of Ivins record for Planning Commission, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
Planning Commission
IVINS CITY
PLANNING COMMISSION
MINUTES
April 16, 2024
435-628-0606


1)
WELCOME AND CALL TO ORDER
*NOTICE: This meeting will be held in person and electronically.  You may watch the live audio and video feed by going to www.ivinsutah.gov under "Upcoming Events".  When the meeting is live, it will reflect "In Progress" - click on the "In Progress" link to watch the meeting live.  The Commissioners may attend via telephone conference if they are unable to attend in person.  The anchor location will be the Ivins City Council chambers located at 85 North Main Street, Ivins, Utah 84738.  Zoom Link: https://us02web.zoom.us/j/84589293217
CHAIRMAN AND COMMISSIONERS:   The meeting was called to order at 05:30 p.m. All present included Chairman Dave Robinson, Commissioner Doug Clifford, Commissioner Derek Larsen, Commissioner Perry Brown, and Commissioner Pam Gardiol.
Staff Attending: Dale Coulam-City Manager/Attorney, Mike Haycock-Building and Zoning Administrator, Will Wagner-Zoom and Sharon Allen-Deputy City Recorder. 
Audience Attending: Dave and Susie Appel, Sharon Gillespie, Sharon Barton, Jon and Nicole Graf, Bonnie Kline, as well as others that did not sign in.
A. Acknowledgement of Quorum
B. Flag Salute--Commissioner Doug Clifford
C. Invocation--Commissioner Doug Clifford
D. Disclosures--None.

2)
REPORTS, PRESENTATIONS AND APPOINTMENTS-none.

3)
PUBLIC HEARING AND ACTION ITEMS-
A. Public Hearing to consider amending Ivins City Code section 16.17.204(8) of the Zoning Ordinance regarding boundary wall requirements for RV Resorts.
Dale Coulam stated that the applicant appeared before the City Council and asked for a height change for the boundary wall abutting Hwy 91. The current ordinance says it is to be six ft. He wrote in as a placeholder averaging six feet. That is for the Commission to discuss and figure out. That was not their request, and it can vary. Chairman Dave Robinson opened the Public Hearing. Will Wagner stated that there were no attendees on Zoom. Chairman Dave Robinson read Sharon Aspenberg's email on file at City Hall, against the change. Hearing no further comments, he closed the Public Hearing.
B. Discuss and consider recommendation of amending Ivins City Code section 16.17.204(8) of the Zoning Ordinance regarding boundary wall requirements for RV Resorts.
Chairman Dave Robinson stated that this conversation is specific to RV Resorts when we are considering this. Commissioner Perry Brown stated that as the ordinance stands right now it says six feet. The placeholder suggested averaging 6 feet so it would have variation and an equal amount on either side with some portions of the wall at exactly six feet. Mike Haycock stated if you look at the residential walls along there, they go from 5'4" and 4'8" is the lowest wall. Chairman Dave Robinson stated he is looking at ground level, not footing level, because the footing will be buried. He is looking at a minimum height for safety so when a kid hops on the wall it is not a twelve foot drop on the other side. Mike Haycock stated that they are screening walls, not retaining walls. Jon Graf stated the wall height is six feet and on both sides the footing is the same and then we went down three feet with some retaining baskets on one section on the east end, and on the west end it is going to be the same on both sides, and then terrace off at a 2:1 slope. If we go with a six foot wall the RV side averages ten to twelve feet. The wall along the Washington freeway, which he hopes we will never allow, they did to make the RV Park disappear. It is a giant wall. The RV Park will be nice and it will be kept up. There will be no generators, we have electricity throughout the entire development. Commissioner Derek Larsen inquired what they are envisioning the wall height to be? Jon Graf stated it says six feet, but everything else along that corridor varies between four to six feet. There is one section barely above six feet and they vary up and down to four to five feet and back. We want to follow with the up and down rather than a straight six foot wall. He wondered if it was a mistake when it was written. Commissioner Pam Gardiol inquired is it an undulation but an average of six feet? Are you asking for lower than what is consistent in the city? Jon Graf stated they want it to be consistent with what is there now. That varies between four to six feet. Commissioner Doug Clifford inquired how long are those walls? Jon Graf stated twenty to forty feet and then step up. Chairman Dave Robinson stated that is what the rest of it has been, is the step up and down as well. Jon Graf stated the entrance is probably the highest point. He can keep it at six feet and drop down but it won't look the same as the rest of the area. As concerned as the public is about RVs, he is just as concerned about seeing two-story homes. He just wants it to look uniform. Commissioner Pam Gardiol stated the topography slopes and steps it down. Jon Graf stated that as the land goes up he wants to follow it but then drop to four, five and six feet, so it just doesn't look like it is climbing a hill. The average along that corridor is 4'6". On the backside they may be 5'6" or six feet. He has dropped the property between three to five feet to help drop that down and used that dirt. If he stayed with the road it would have been sticking out. He wants it to look uniform with the rest of the highway. Chairman Dave Robinson stated you are trying to blend with what is existing. Mike Haycock stated that the subdivision ordinance is where we get our randomly random articulating walls. Those don't state a minimum height because most people want taller walls. So he wants four to six feet and replicate the subdivision ordinance if that is where you are leaning. Chairman Dave Robinson stated he was concerned about the minimum height for safety but he misunderstood that, and there is no drop-off. He is not worried about it undulating because of that ordinance. Commissioner Doug Clifford stated we should have a minimum of 4'6" feet so it looks like a wall, not part of the curb and gutter. Mike Haycock stated that the eight inch block dimensions themselves dictate that height to be 4'8" and 5'4". Chairman Dave Robinson stated if we come up with a general rule. Commissioner Pam Gardiol inquired if height of the wall is based on including the footing? Chairman Dave Robinson stated we look at the height from finished landscape. Commissioner Pam Gardiol inquired this is only for the RV ordinance, but what are the findings that make this change appropriate here and not in other ordinances? Mike Haycock stated that six feet was for screening. Do we want it to blend or do we want to maintain the screening at six feet? Commissioner Pam Gardiol inquired if there is not a chance that another developer would come in and want this for residential? Chairman Dave Robinson stated that is already in there. It is already happening in residential along that corridor. He wants his to match that. Commissioner Pam Gardiol stated there must be a way to blend what is already there and still screen the usage. She has concerns about making this change. Commissioner Perry Brown inquired that the minutes from City Council's dialogue makes him wonder if the walls that are six feet were maybe in before this ordinance? We didn't have the same standard? Dale Coulam stated that ordinance has been in place a long time that varies in height. Having a six foot wall is not exact either, because they are 8" blocks, so it is approximate. You could maybe still handle it with an average but go to five feet to help match the other properties along Hwy 91 which vary in wall height from four to six feet. Commissioner Doug Clifford inquired if we have any walls that vary by four feet? Mike Haycock stated no. There is historic fencing and older property with barriers between private and public land. They are trying to replicate the newer subdivisions. There are all different types of fencing there. That is their intent, is to match the new subdivision. Dale Coulam stated that every forty feet, the wall moves in or out, randomly, varying between 1'6" to four feet. They are saying to do something similar on the vertical side to undulate it every so often. Commissioner Perry Brown stated that in the minutes it says that the older Ivins walls pre-date the ordinance. Chairman Dave Robinson stated he thinks it should match the rest of the walls. He has done the dirtwork to lower that and it cuts that view of seeing the RVs so he would propose that it is beneficial to follow the residential code. Commissioner Doug Clifford stated he agrees. There are all types of fence height variations out there. Keep the city uniform when we put the walls in. Commissioner Derek Larsen stated that this is the only property that is zoned RV so they should match the best they can to their neighbors. Undulating would look a lot better than a flat wall. Mike Haycock stated the residential doesn't give a minimum if you wanted to replicate that. Commissioner Doug Clifford stated do an average and a minimum. Do a six foot average and a four foot minimum. Chairman Dave Robinson stated that means you would have eight feet walls in some portions to maintain that average. Mike Haycock stated in residential they want their walls as high as they can for their backyards. There is no minimum. They are doing full blocks up or down. To not go over six feet they would drop and raise randomly. Chairman Dave Robinson stated it would be 4'8" and 5'4" and six feet and undulating. Commissioner Pam Gardiol stated we will consistently see something behind the top of these walls. Whatever the minimum height is, we need to also be consistent. Four feet is a low buffer. She is not a fan of walls, but in this case, there is a reason for these walls. We need to raise that minimum. Chairman Dave Robinson stated most people want their fences tall so it is not usually an issue. Commissioner Derek Larsen stated what if we average the 5'4" with a minimum low point of 4'8'. Would that be enough variation? Mike Haycock stated then you can drop two blocks in places depending on the landscape. Commissioner Pam Gardiol inquired that as she looks at the whole view, she is not going to see trailers more than others? There is still a feeling of consistency? Mike Haycock stated you might see rooftops. It is a random pattern in the wall. Commissioner Pam Gardiol stated she is concerned that the word "random" is nebulous. Commissioner Derek Larsen stated that is where the word "averaging" comes in. It won't all be low. Chairman Dave Robinson stated and it may go as high as 6'8" to average, but would never go below 4'8".
Minutes Portion for RV

Draft Ordinance

MOTION: Commissioner Derek Larsen moved to approve recommendation of amending Ivins City Code section 16.17.204(8) of the Zoning Ordinance regarding boundary wall requirements for RV Resorts, that all exterior boundaries shall be screened by abutting uses by a solid color masonry, or color-stucco covered concrete block privacy wall, averaging 5'4" in height, and not going below 4'8".
SECOND: Commissioner Pam Gardiol
VOTE: The motion carried.

Chairman Dave Robinson AYE
Commissioner Doug Clifford AYE
Commissioner Derek Larsen AYE
Commissioner Pam Gardiol AYE
Commissioner Perry Brown NAY


4)
DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of Vista Estates Preliminary Plan, located at approximately 200 West and Hwy 91. Silverado Group, LLC-Owner/Applicant.
Mike Haycock stated that this is zoned R-1-7.5 and Movara is across the street. They included the property showing the new 90 degree angle. They are not developing the southern tip. You have seen this plan before but the roundabout is now designed. TRC recommended approval and made no changes since their last submittal. 200 was discussed as a connector, but it was decided that was not the best route. They meet fire access. Commissioner Pam Gardiol inquired if there was a plan across the street next to the open field? Does this development have any impact on that? Is the plan for that similar zoning? Mike Haycock stated they angled their development 90 degrees and the road moved.
Application

Map

Staff Report

MOTION: Commissioner Perry Brown moved to approve Vista Estates Preliminary Plan, located at approximately 200 West and Hwy 91. Silverado Group, LLC-Owner/Applicant. Roll Call Unanimous.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.

Chairman Dave Robinson AYE
Commissioner Doug Clifford AYE
Commissioner Derek Larsen AYE
Commissioner Perry Brown AYE
Commissioner Pam Gardiol AYE

B. Discuss and consider approval of the Ivins City Planning Commission Meeting Minutes for April 2, 2024.
Minutes

MOTION: Commissioner Pam Gardiol moved to approve the Ivins City Planning Commission Meeting Minutes for April 2, 2024.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.

Chairman Dave Robinson AYE
Commissioner Doug Clifford AYE
Commissioner Derek Larsen AYE
Commissioner Perry Brown AYE
Commissioner Pam Gardiol AYE


5)
REPORTS
A. Planning Commission
Commissioner Pam Gardiol stated that she received the Planning Commission bylaws, rules and procedures. She doesn't remember seeing it before when she was appointed. The document is from 2005, so we may want to review that, but she wants to spend a moment in Article 4.8 regarding motions. Item B states that motions must state findings for approval or denial within a motion. Item C motions should state findings at the beginning of the motion and should be concluded with the conditions for approval. The motion may refer to the staff report for the detail of the findings of fact and conditions of approval if the mover finds them acceptable. This is the protocol for which the Commission functions. Her concern is that while she respects the staff’s expertise, dedication and integrity, the current staff reports do not list the findings of fact. She would ask that our staff reports be substantive so the Commission can include specifics. The Commission provides an informed recommendation to the Council, who are our elected representatives of the community. Our role is to ensure that they have all of the information they need to make a final decision. Chairman Dave Robinson stated he understands that we need to state our findings. What additional information would help you? What are you looking for? Commissioner Pam Gardiol stated she will provide some examples. Chairman Dave Robinson stated that would be great because he looks at our staff reports and they do what they do and we are not the professionals, so he refers to them. If there is something we are overlooking, let's figure it out. Commissioner Pam Gardiol stated that they do an excellent job. Saying that the finding is that staff approves is more a consent item than an actual finding of fact.
B. Chairman
C. Building and Zoning Administrator, Mike Haycock
Mike Haycock stated he has been working on a few things to come forward. He may not be ready in two weeks, but it may be four weeks. We have Black Desert Resort taking off, and he is working on more on ordinances. Chairman Dave Robinson stated he knows that department is short-handed as well. 
D. City Manager/Attorney Dale Coulam
Dale Coulam thanked Commissioner Derek Larsen for his service as Planning Commissioner. The City Council has an appointment of a new Planning Commissioner. Commissioner Derek Larsen has done a remarkable job and helps resolve complicated issues with his background and expertise. He has done that consistently with both City Council and with the Planning Commission. Commissioner Derek Larsen stated that his work schedule changed a bit and the Mayor has found someone suitable to serve and it has been a pleasure to serve the community in these capacities. He has enjoyed the people he has served with and getting to know them, as well as the city staff. He started a few years back and he has been impressed with the quality and caliber of the staff at Ivins City. He has rubbed shoulders with both the Planning Commission and the City Council has been awesome and if there is anything he can do for the City in the future, he would be happy to serve and help out. With his work and travel, it is best to have someone here that can attend consistently. Commissioner Pam Gardiol stated that it has been an honor to serve with Commissioner Derek Larsen, and a thank you for all that he has taught her.
E. Items to be placed on future agendas.
Mike Haycock stated we have a few items coming forward.

6)
MOTION: Commissioner Doug Clifford moved to approve ADJOURNMENT
SECOND: Commissioner Derek Larsen
VOTE: The motion carried unanimously.

Chairman Dave Robinson AYE
Commissioner Doug Clifford AYE
Commissioner Derek Larsen AYE
Commissioner Perry Brown AYE
Commissioner Pam Gardiol AYE