Sharon Allen reported that Mr. Dennett has submitted an application to use the elevated stage that they already have as a gathering place for live music for both customers, and to also allow surrounding elementaries to come perform. There is no list of conditions per se, since the stage is already there, but they do not intend to extend their existing parking to allow this. Chair Pam Gardiol opened Public Hearing. Hearing no comments and no one on Zoom, Chair Pam Gardiol closed the Public Hearing.
Commissioner Perry Brown stated that it looks pretty good. The stage is already there. It would not affect many people surrounding them and will provide us another location for community engagement. If they open it up to people for elementaries, there may be a parking problem there and might need to come in and ask for an expansion. Commissioner Doug Clifford stated that it doesn't seem to be too much of a problem as far as vicinity for noise. A loud rock band might be. There is parking at the University next door, and there own lot is fairly good-sized. It will be interesting to see how this will be used for schools and the community. They are reaching out to see how it turns out and he thinks it is a neat idea. Chair Pam Gardiol stated the narrative states that Spring, Summer and Fall they are open 10 am to 10 pm. She has experience living next to entities with entertainment late into the evening after children have gone to bed. She would stipulate that music will follow the noise ordinance so people are not being kept up by the noise. Even though performances stop, there is still breakdown of their equipment. It concerns her since it abuts residential. Bryan Pack stated that our current noise ordinance prohibits construction noise. It states "loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the City." There is an argument that a band could violate our noise ordinance. If you are concerned about that, it would be appropriate to put some limits on what that noise is. We have a special event permit that could be required if the event has a bigger impact than just a normal day-to-day business. Commissioner Dave Robinson inquired if our ordinance prevents obnoxious noise at any given time of the day? Bryan Pack stated potentially, it is vague enough. Commissioner Dave Robinson stated he has speakers on the exterior of his house that the neighbors can hear. He is courteous but they can be heard. Most cities give a time period in which they draw that line. Sharon Allen stated that our previous and current Building and Zoning Administrators have interpreted noise activity to be the same as construction hours. Chair Pam Gardiol stated this is a business with ongoing entertainment and it becomes tiring for the residents. This business closes at 10 pm, so she proposes 9 pm. Commissioner Brandon Weight stated that Tuacahn is within the city limit. They go well past 10 pm. Sharon Allen stated they also have a Conditional Use Permit. She would have to review what that says. Bryan Pack stated in recommending to City Council, put a limit on noise, or simply say it requires a special event permit every time they have an event that creates noise there. Commissioner Dave Robinson stated they are trying to do something good for the neighborhood. They are trying to gather people together for the good of the community to listen to music. Why do we want to strap them down? It blows his mind to regulate this so heavily. He is not trying to offend anyone, but we need to learn how to deal with the people around us. There are baseball diamonds down here that have loud noises. That is what they are trying to do, to create, to gather and have some fun. We are going to regulate it until they can't. Commissioner Brandon Weight stated he is trying to find a way to say yes. Chair Pam Gardiol stated finding that balance is saying 9 pm to give them the opportunity to enjoy the activity and still put children to sleep at a reasonable hour. She doesn't know that a special event is necessary, but let's have them stop the music at 9 pm. We want to encourage them to be successful but they are abutting a neighborhood. She finds Tuacahn to be inappropriate for the houses there. We want to create community rather than resentment. She feels that 9 pm is reasonable. Commissioner Dave Robinson stated that Tuacahn was there long before those homes. They took that fact into account. 10 pm is when they close. That is not a problem and is typical for most cities. Their business is not close to any residential. There are three homes within even 200 feet of his, maybe closer to 1000 feet. Chuck Gillette stated that one is the applicant's home. Commissioner Brandon Weight inquired if we should ask for a one-time signature from the adjacent neighbors before they begin? The time doesn't matter to him, as long as everyone agrees. Bryan Pack stated that is actually requiring more than a Special Event Permit. But it is possible to do that. Commissioner Doug Clifford stated we could be over-regulating this. We need more things like this. 9 pm is too early. Maybe 9:30 pm to be totally shut down by 10 pm. Troy Dennett stated that he is the owner of The Icebox. He hopes to be quiet by 10 pm. That is their hours in the summer because it isn't even dark by 10 pm. They close after 8 pm in the winter when everything gets quiet and shuts down. Commissioner Doug Clifford stated that how did this start? Do you have people that want to perform? Troy Dennett stated the elevated stage was put in when we built the store. We planned and intended then some sort of music or performances. He did not do it in the original Conditional Use Permit. At the time, Ivins didn't have anything here. We go to Kayenta and they have their community with art and sidewalks and events. We would also like to draw people in. It took him 8 years to turn in the application. It was to help create some atmosphere. It wasn't generated by anything, just something we'd like to do in the community. St George has a few similar locations. Commissioner Brandon Weight stated that Kayenta has live bands. Troy Dennett stated he is not planning any concerts. Small groups and performers. He is a school teacher in Mesquite. He has kids in the elementaries that want to perform and he would like to offer that, and to Lava Ridge as well. Commissioner Perry Brown stated that when you close now at 10 pm what would change in your routine? Troy Dennett stated nothing. They would be wrapping up cords and picking up chairs. It would be pretty limited and would not affect our closing or noise. Commissioner Dave Robinson inquired if there was an audio system in place? Troy Dennett stated we don't. We may pick up a few items but they will bring their own. We will provide electrical and the necessary plug-ins. Chair Pam Gardiol inquired if he would consider shutting down the performance at 9:30 pm so that it is closed by 10 pm? Troy Dennett stated we would prefer to go to closing. He lives at the house, his brother-in-law lives in one, and he owns the lot next door. We close at 10 pm and we still hear people sitting outside chatting. The lights do go out and are on a timer. They are mindful of that.
MOTION: Commissioner Dave Robinson moved to approve recommendation of a Class V Conditional Use Permit, located at approximately 27 North and 200 East. TJ Ventures, LLC-Owner. Troy Dennett-Applicant with the stipulation to have a 10 pm shutoff, following the noise ordinance. Brandon 2nd.
SECOND: Commissioner Brandon Weight
VOTE: The motion carried.
| Commissioner Perry Brown |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Dave Robinson |
AYE |
| Commissioner Brandon Weight |
AYE |
| Chair Pam Gardiol |
NAY |