Mike Haycock stated that this proposed subdivision is in the RE-12.5 zone off of 200 North and 500 East. There are two entrances into the development. There was an email sent to the Commission so to answer those concerns, there are two light poles at 14-feet tall at the corners. 12-foot tall light poles are by the entrances, as per our ordinance. There is a four-foot drop going from north to south. The north lots are about two feet lower than the sidewalk to about a four-foot drop on the south side. There is not a development agreement and we gave the concerns about dumpsters and parking to Tom Jorgensen and he will go through that with the developer on construction drawings. Bryan Pack stated those issues don't go towards the Preliminary Plan but it is more appropriate for the construction process. There is nothing this body could do other than state these are items we'd like to see addressed. Chair Pam Gardiol stated that the email the Commission received spoke of safety of children, dumpsters and lighting. What is the impact of construction on adjacent properties? Traffic patterns and the vibrations created during construction? Mike Haycock stated pre-construction will address those issues. We don't have a development agreement, so that is the avenue we have now to address those issues. Tom Jorgensen is aware of those concerns and will pass it on to the developer. Chair Pam Gardiol inquired why we have no way to ensure, that these items can only be a suggestion? Mike Haycock stated contractors are licensed and bonded in Utah and have liability insurance. It would be a civil dispute if it went to a court to decide who was responsible for any damages. Bryan Pack stated the way to regulate that would be through an ordinance to make it apply to everyone. If there is a contractor in the course of building that harms a neighbor, it is a civil matter. In order to have a contractors license you must be insured. Commissioner Dave Robinson inquired are we talking about dumpsters for the development itself? Mike Haycock stated this is about dumpster locations during construction. Commissioner Perry Brown stated that units per acre may be backwards. It says 21 units on 9.62 acres. It should be 2.1 units per acre. Commissioner Dave Robinson inquired why there is not a development agreement on this? Mike Haycock stated that the State law has changed. A single phase subdivision doesn't meet the requirements of having a development agreement. Bryan Pack stated if a subdivision complies with our code and they aren't asking for any type of exception we are not allowed to ask for a development agreement. Commissioner Perry Brown stated that all of the houses on 200 across the street from this, face 200 North. None of these houses face 200 North, but we are putting a wall in. Mike Haycock stated that this is how the developer requested it. He believes it is done because of the rating of the road. It may be a collector road and won't allow driveways on that type of road. Commissioner Perry Brown stated it will be an odd-looking street if approved the way it is designed. He would like to see an alternative. Mike Haycock stated that there is a chance they can't face that road. It is a complying subdivision. Chair Pam Gardiol stated we are creating an incongruity on a street that is not all that wide. Bryan Pack stated this plan complies with our code, so we don't have discretion to make them put the driveways to the north. We can't redesign it for them. It is not a relevant question we can do anything about. Commissioner Brandon Weight stated that it appears to be a minor collector road. Chair Pam Gardiol stated if a developer wants to develop in our city, even if they meet code, there will be a wall in a location that counters our General Plan and feeling of openness and what we envision for our city. Commissioner Dave Robinson stated he would disagree. Not all of us feel that way. This is the way he would see this being developed. We have a school with a lot of traffic and he would rather have driveways not facing that road. Block walls make for great neighbors. He wants a block wall in his yard. Most people do, or some type of privacy in their backyard. Pools and hot tubs require walls to protect those areas. This is exactly how it needs to be. Other developments over in that area were under different guidelines than we have today. Commissioner Perry Brown stated if they just flipped this design they would be front yards, not backyards. Commissioner Brandon Weight stated this design is safer for families to isolate them off the minor collector and walk around to designated sidewalks, rather than going to the minor collector street. This design is for safety and accessibility and traffic, even noise and higher volumes. Chair Pam Gardiol stated she received the staff report and is getting a feel for its template. Mike Haycock stated the basis for the report is that it meets administrative check-the-boxes, and our City Attorney drafted it. It is complete. Chair Pam Gardiol stated that under analysis it states that utilities and grading are acceptable. It states there is a no-build area for the wash. Where is that on this site? Mike Haycock stated that the area goes into the street and then relocated into the storm drain. It also shows the vacated easement areas. Chair Pam Gardiol stated that a wash is a quiet place until it isn't. It is a natural way to move water. Some engineering attempts to divert water don't work. Mike Haycock stated the location of a driveway was going to be a deed restriction on one area of concern and is shown on the construction drawings. It will be collected and diverted to the drain system. Commissioner Perry Brown inquired if there are other tall light poles like that in that area? Mike Haycock stated there was a previous lighting ordinance, so this is not the same lighting as in other subdivisions in that area. These proposed lights comply with the current code. Commissioner Brandon Weight stated the water is being collected in the existing curb, gutter and storm drain location. Is there a new storm drain being added? It looks like water goes to a vacated field, so if we completely curb and gutter this, we need confirmation that this water is being collected and appropriately dealt with. Mike Haycock stated that those construction drawings are reviewed by Tom Jorgensen and it has been adequately taken care of.
MOTION: Commissioner Dave Robinson moved to approve The Arava Preliminary Plan, located at approximately 200 North and 500 East. Kamas Outback, LLC-Owner. Timothy Anderson-Applicant, based upon the staff report and TRC's findings.
SECOND: Commissioner Brandon Weight
VOTE: The motion carried.
| Chair Pam Gardiol |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Dave Robinson |
AYE |
| Commissioner Brandon Weight |
AYE |
| Commissioner Perry Brown |
ABSTAIN |
Mike Haycock stated that we sent the Commission the Table of Uses to review. Chair Pam Gardiol stated that she identified 26 uses to be appropriate in this zone from her perspective. Commissioner Perry Brown stated he identified 29. Mike Haycock stated we haven't opened up the Table of Uses. This was informational. The question is what is consistent with resort hotels? We are not adding or subtracting to this list right now. If the uses that are in there are appropriate, what kind of rules do you want for what is already allowed? We are looking at amenities, parking, dumpsters. Regarding buffering, do we need to buffer or do the areas already work well together? Whatever surrounds the Resort Commercial area, do you need a buffer from those areas? Chair Pam Gardiol inquired if whatever is currently in the Table of Uses would be deemed appropriate in the Resort Commercial zone, would we want a hospital? Mike Haycock stated that is what is in there currently. Those uses are already in there. Now we need rules for those. Commissioner Dave Robinson stated we have been trying to do this for three or four meetings and it is frustrating to keep going in all different directions each meeting. We need to handle the topic at hand. We have seen the original document on the overlay. Does the items in that document work for the Resort Commercial zone? Mike Haycock stated we can start with parking. Chair Pam Gardiol inquired if we use that overlay document, would that parking standard be different? If parking in Resort Commercial we would look at the intensity, placement, containment, traffic flow. We already have that template to draw from. Mike Haycock stated what is the opinion on additional parking for toys? Should we add parking for that? Commissioner Dave Robinson stated yes. People have toys and boats and jeeps, and wheelers, and street bikes and toy haulers. In the Resort Commercial zone you would need parking for those toys. Mike Haycock stated so maybe one space for every ten spots for a toy hauler. Commissioner Dave Robinson stated yes. The units in Santa Clara have two big parking areas and they are filled with vehicles with boats and accessories. The people staying there brought those things with them. Mike Haycock stated that is a good starting point. Chair Pam Gardiol inquired that in addition to the number of spaces we are accommodating, what does the parking area look like so it isn't an island of asphalt? Parking is a part of the environment with landscaping, not just an island of black. Mike Haycock stated we already have standards on what it looks like. We just need to know how many spaces we need. Commissioner Dave Robinson stated in the overlay document it says short-term rental residential properties shall provide parking as follows: detached single-family units have a two-car garage or two parking spaces on a driveway fronting the garage. Multi-family attached units including condominiums, townhomes and apartments shall provide one parking space for one-bedroom units and two parking spaces for two-bedroom units, and 2.5 spaces per unit for guest parking. Driveways fronting garages shall be twenty foot in length from back of curb and sidewalks where present. Driveways width shall be a minimum of sixteen feet and single family detached homes with a two-car garage and a driveway meet the parking requirements with no additional guest parking required. This doesn't meet requirements if they bring a boat. The language is close to what we want, but we have to be careful with driveway parking because a lot of people don't want to see that. This just needs tweaked a bit. Commissioner Brandon Weight stated he is willing to start from there as well. It is a good document to start. Commissioner Doug Clifford stated that parking is not permanent. It is a set aside parcel of property. If over time it is not used it can be adjusted or become multi-use. One in ten is a good start number. Commissioner Dave Robinson stated there is almost always at least one boat parked in both those parking areas by the middle school. Are going to itemize this document? That is honestly what he thought we were going to do two weeks ago. Chair Pam Gardiol inquired are we looking to parallel this document? The first section of 805 for example, says the project plan may be required to be accompanied by a development agreement when deemed necessary by the City Council. Are we looking at Resort Commercial as developments or as individual units? Commissioner Dave Robinson stated this document is limited to consuming the horizontal hotel specifics. Commissioner Brandon Weight inquired if this only applies to Resort Commercial zones? Mike Haycock stated correct. The short-term rental overlay is no longer available. Renting out even a casita is thirty days or more. Overnight rentals do not comply with the ordinance. Commissioner Dave Robinson stated this document was the guidance for the old overlay, which in many cases could apply to the Resort Commercial zone. Commissioner Doug Clifford stated that we have two classes of developments here. There is the living portion and then the commercial aspect. The spillover is it meets the needs of the community who would have the opportunity to shop these areas. It is not closed off. Do we need a percentage of residential property versus commercial? Mike Haycock stated no because everything on the main level had to be commercial. A developer coming in needed a certain amount for residential. That is what was difficult with the Resort Mixed-Use zone. You could say maybe 50% of buildings have to be completely commercial or some type of balance. Commissioner Doug Clifford stated someone could put in just a horizontal hotel and someone else could put in just commercial and put them in one zone as a single development. Commissioner Dave Robinson stated right now you don't have to have a mix. It could be all commercial or all residential. Do we want each project to be a percentage? Chair Pam Gardiol inquired what is desirable and realistic for the market as well? Mike Haycock stated that Resort Commercial is a combination of the two. Becoming a resort community we know has changed in our General Plan discussions, and we may want to state that we support our existing resort. It states that the commercial districts provided are designed to provide locations for commercial use with the establishment of uses sensitive to the goals of the city, and enhance and add character to the city by providing sight and building features to achieve the goals of the General Plan. That is the purpose. Commissioner Doug Clifford inquired is Red Mountain Resort what we envision? A place that has rentals and supporting commercial for people coming to those facilities, or more apartment rental activities? Just spas and restaurants? Commissioner Dave Robinson stated that Black Desert Resort and Red Mountain are similar in use concept, but Sentierre is different with much more residential and less focused commercial. Commissioner Doug Clifford stated it is more like a hotel. Commissioner Dave Robinson stated Movara is the same way. It is tailored to the people that are staying at that location. Commissioner Perry Brown stated this issue is the same as last meeting which is, what does this look like? We didn't set out to change the Table of Uses. We were trying to visualize what would fit in that zone. We aren't changing the table but we need to visualize what is in these areas to be able to make recommendation on what fits here. Commissioner Doug Clifford stated that the developers are still important to speak to because they are the ones hoping to be able to use this zone. Commissioner Brandon Weight inquired how much of the Resort Commercial zone is already developed for residential and commercial? That may change how we create this. Commissioner Dave Robinson stated there are still some but not a lot. Also the annexation plan if it ever goes through would give us a whole new territory to rezone. Mike Haycock stated there is an area that has a deed restriction that they can do townhouses, but not short-term rentals. There is the Sentierre area and also an area by Canyon Crossing owned by the city, and another area near Coyote Gulch. Commissioner Brandon Weight inquired if it is up to the Commission to decide what square footage is commercial? Mike Haycock stated yes it can regulate percentages. Commissioner Brandon Weight inquired if we could say you have to be a certain minimum number of square feet to be either residential or commercial? Commissioner Doug Clifford inquired about the height regulation in this zone? Mike Haycock stated it is 35 feet height. The square footage could be a recommendation to the City Council. Maybe you are okay with all commercial and all residential and not regulate percentages. Chair Pam Gardiol stated that would give us some flexibility. Commissioner Dave Robinson stated he agrees. We don't need to regulate it. It would reduce the ability for people to do what they need to do within the property. Commissioner Brandon Weight stated that depending on the size of the Resort Commercial property, it almost regulates itself. Mike Haycock stated then a developer can bring in a development project that sells. Commissioner Doug Clifford stated that they can bring in projects they think would work rather than us trying to figure it out for them. Commissioner Perry Brown stated all these properties sizes, shapes and configurations are very different. Commissioner Dave Robinson stated we already have in the code that there is a manager on-site. Mike Haycock stated yes that is the Table of Uses, but we could reinforce that in this chapter. Chair Pam Gardiol stated that in Section 809 it states that the required minimum open space to be provided is ten percent of the total development site. Is that adequate? Commissioner Doug Clifford stated what is considered open space? Tennis courts? Detention ponds? It says examples include natural beauty, amenities and active park areas. Chair Pam Gardiol stated she doesn't see indigenous open space so that there is minimum damage during a build so that old growth can be incorporated. Commissioner Dave Robinson stated that it says ten percent is an improved open space. That would have to be rewritten. Chair Pam Gardiol stated she suggests adding that organic element in there. What is our vision for not only Resort Commercial but the community as a whole? Commissioner Dave Robinson stated a lot of areas in this document are moot. Let's go through the document and take the ones out that are not needed. The purpose listed here is not necessary for the Resort Commercial zone. That should be rewritten or taken out. Approval of applications and density values can be removed. We could get through this list pretty quickly topic by topic. Mike Haycock stated that the purpose bullet points will completely change after this discussion. Do that section last. Commissioner Dave Robinson stated that applications can be removed. On the approval and designation section 803, a lot of it can be removed. The zoning district Section 804 will be removed. Mike Haycock stated Section 805 would be good to keep in for a project plan. It would just be for horizontal hotels. You could still have a three-story horizontal hotel based on the height requirements. Commissioner Brandon Weight stated that we may want to add setbacks in on storied-heights. Mike Haycock stated that is in the design requirements and putting massing in the middle. You can do different additional requirements in this zone and just reference Chapter 19 for the design guidelines. The RM zone does that by giving density bonuses to keep your buildings lower. There are ways of writing that to get that effect. Commissioner Brandon Weight stated the plan would need to describe what type it is and which uses they are requesting. Approval criteria has some of that in there. Commissioner Dave Robinson stated that approval criteria has some of that in there. This says "on not less than five continuous acres." We may have Resort Commercial that is smaller than that. That would need to be modified. Short-term rental overlay will all be changed to say horizontal-hotel use. Commissioner Brandon Weight stated he supports the idea that under a certain acreage that it has to be residential. He doesn't want someone to cram something like a shop in just to meet the requirements. Mike Haycock stated that there are requirements in place for that though. Commercial means so many parking spaces, etc. Commissioner Dave Robinson stated he can see it going the other way where there is now a small piece of residential being surrounded by commercial. Section 806 needs discussion. It allows for parking on the driveways. That has been a contention among this group. It also states that on-street parking within the project may be used to meeting parking requirements. Commissioner Brandon Weight stated on-street parking does not permit RVs or boats though. He is okay with it. Commissioner Perry Brown stated every time you see short-term rental we will change to horizontal-hotels. Horizontal-hotels won't have driveways. Chair Pam Gardiol inquired why we call these horizontal hotels when they are really short-term rentals? It can be an intact development and still be called a horizontal-hotel. Commissioner Doug Clifford stated because short-term rentals do not have an on-site management company. Mike Haycock stated no matter what it looks like, no matter how many owners, the development is controlled by one management company. Garbage is taken care of. Maintenance, etc. Chair Pam Gardiol stated that we need to look at the impact of the surrounding area to the intensity of the use. We can't create an intensity that will be an imposition on surrounding residents. Commissioner Doug Clifford stated that with a single management umbrella, they also would be built consistently with a similar theme or look. Mike Haycock stated that one management reduces the overfill into neighborhoods. We are trying to eliminate the impact to surrounding communities first by buffering. Commissioner Brandon Weight stated that other cities put a percentage to their Resort Commercial zones so that a percentage is residential and a percentage is hotels or resorts and that limits it so it is not just one or the other. Commissioner Doug Clifford inquired should we provide that opportunity that some of these have to be residential? Mike Haycock stated single-family is in an allowed use the Table of Uses in the Resort Commercial zone already. Commissioner Dave Robinson stated they can be purchased single, or by a group, put in the rental pool or not, but are still have that management company overseeing them. Commissioner Doug Clifford stated that to help moderate income housing, it needs to be clearly said that they don't have to be rented. Mike Haycock stated it is already in place in the Table of Uses. Commissioner Brandon Weight stated even in the same building, you can have multiple uses. Commissioner Doug Clifford stated that we have to talk about garbage and their location. Commissioner Dave Robinson stated on those type of developments, do they get their own can per unit? Mike Haycock stated a single-family home can get their own trash can, but in general they should have a community garbage. We should require that. Commissioner Brandon Weight stated that across the street the townhomes there have garbage cans out on the street. If it is deeded with individual lots they can get a can. Commissioner Dave Robinson stated that the condominiums on Hwy 91 has all their garbage cans right at their front door. Chair Pam Gardiol stated that we need to speak about the structure of the building as to where to locate the garbage. Engineer it as neatly as possible. Mike Haycock stated if you require a dumpster on-site it is the managing body that pays for that. Single-family residences get their own cans. Using the project plan would be the best way to say how we want it managed. Commissioner Doug Clifford stated and their location. Commissioner Dave Robinson stated it should be required to be hidden by block walls. Maybe we put in a certain dumpster per units with offset walls with gates. Mike Haycock stated or distance from doors. Commissioner Brandon Weight stated he likes the footage idea. Having so much distance away. Do they all have to have a garage? It says all short-term rental residential properties must have a two-car garage with two parking spaces on the driveway. Is that still true if we are replacing short-term rental with horizontal hotel use? Mike Haycock stated you may be able to take that out and add parking garage. Commissioner Dave Robinson stated that a horizontal hotel can also be a single-family dwelling. Commissioner Brandon Weight stated it can be many uses that is why the terminology needs to be looked at carefully. Commissioner Perry Brown stated the next statement deals with multi-family units. Commissioner Brandon Weight stated as long as it is clear to everyone. Mike Haycock stated that it needs to be either driveway space or a parking garage. Commissioner Dave Robinson stated that the next section is where it prohibits boats and RVs from parking on the street. We should put in how many parking spaces for RV parking, maybe one in ten spaces. Mike Haycock stated it will be reiterated in the parking chapter. Commissioner Doug Clifford stated we should include the next section, recreational facilities. Commissioner Dave Robinson stated does that section still work for things that aren't short-term rental? Recreational facilities can count as open space. Mike Haycock stated that after ten units, maybe open it up to having to add more amenities. Chair Pam Gardiol stated that would align with the size of the development. Mike Haycock stated he will work on that wording. Commissioner Dave Robinson stated that Item P can go away. Chair Pam Gardiol stated that Item Q is addressed, and Item R is redundant. Item S is about rentals. T is rentals. Item U is not relevant. Commissioner Dave Robinson stated that penalties, violations and revocations should stay in there. Chair Pam Gardiol stated we will need to rewrite the section regarding rentals and the revocation of business licenses. Mike Haycock stated State law deals with licensing. We can keep it there as a reference but the State dictates those rules. Commissioner Dave Robinson stated the license would be held by the management group. Commissioner Brandon Weight inquired should we write something about parking of buses or shuttles? If someone builds a resort or did tours? Do we want them to have them? Maybe we need to address that. Commissioner Dave Robinson stated they would have to get a business license to run tours. Mike Haycock stated if that is their business model, they would have to show and address that. Chair Pam Gardiol stated that something should be listed as to where those types of carts or buses are stored and that it is adequate and out of sight. Commissioner Doug Clifford stated that a lot of golf carts are used inside developments and are parked in the garage when not used. Commissioner Perry Brown stated that the management company would have to design a space for that in their plan. They can't park it on the street. Commissioner Dave Robinson stated if they are public streets, golf carts are illegal. On private streets it is okay. Chair Pam Gardiol stated that Approval of Subdivision Application can be removed. Commissioner Dave Robinson stated in the base density section, we are not doing density bonuses. Mike Haycock stated then the only thing that will limit the size of structures is parking and open space. They can do what they want as long as they follow amenities, parking and open space requirements. Commissioner Brandon Weight stated that recreation counts in there too as amenities. Commissioner Dave Robinson stated if we limit it any more than that, what else is left? Everything else is already addressed. Mike Haycock inquired so they can do three-stories and as long as the requirements are met they can do what they want on the property? Commissioner Dave Robinson stated if we think that is an issue, we need to go back and look at our open space and require more of it. He thinks we are good on that. Commissioner Brandon Weight stated that they provide housing and parking for their actors at Tuacahn for the whole season. Commissioner Doug Clifford stated the required minimum open space is 10%. Mike Haycock stated that one-acre developed is required a tenth of an acre of open space. That is a good number to start with. The incentives section can be removed if you are not defining density. Unless you want to do something with height. Commissioner Dave Robinson stated that provisions of open space based on density can be removed. Commissioner Doug Clifford stated that the consistency to design elements section needs to have some teeth to it to maintain the look and feel we want. Commissioner Dave Robinson stated this is different because this is a development not a collection of short-term rentals. It will have its own continuity because it is one developer creating it. Convenience in layout can be removed. Mike Haycock stated regarding building standards, put in adjacent setbacks unless you want them to build up to the sidewalk. Chair Pam Gardiol stated that setbacks are important for the overall feel. Commissioner Brandon Weight stated that he believes 15 feet is the average setback. Commissioner Dave Robinson stated we should add in setbacks. Mike Haycock stated he will put a number in there. Commissioner Dave Robinson stated that the yard regulations section says a minimum of 20 feet. Mike Haycock stated if you are adjacent to a road you'll have a setback but if you are adjacent to a development, it will have buffering. Commissioner Dave Robinson stated in these types of projects, the rear yard setbacks get packed in a little closer. Commissioner Brandon Weight stated these setbacks should be different based on height and size of the building. Mike Haycock stated we could do a table and play around with it. Ten feet is ten feet, etc. Commissioner Dave Robinson stated that the accessory buildings section we would strike for individual owners. Commissioner Perry Brown stated that the management company may need something for their equipment. Commissioner Dave Robinson stated the open space standards section we can take out. Commissioner Perry Brown inquired if we have a draft that we get reasonably comfortable with, can we get a work session with some developers in to help modify it the way they need it? Bryan Pack stated that is the point of a public hearing but yes you can make special invitation. It is certainly possible. Commissioner Dave Robinson stated he would rather do a work meeting to get interaction back and forth. Bryan Pack stated that would still be put on an agenda as a work meeting. Mike Haycock stated he will get a draft and make sure it is presentable to show developers. Anyone with a Resort Commercial zone in Ivins should be invited. Commissioner Dave Robinson stated any developers out here really. Commissioner Brandon Weight inquired if resort means controversy? Mike Haycock stated it will eliminate it because we are taking care of comments that have bothered people. Commissioner Brandon Weight stated we just want to mitigate controversy. Chair Pam Gardiol stated controversy gets mitigated with information. We will draft the document then the stakeholders can take a look, and then we send it out to the community before sending it on to the Council.