Cody Mitchell introduced this item. The proposed structure consists of a combined detached garage and casita. The casita portion is 652 sq. ft. and the detached garage portion is 404 sq. ft. The total building meets the 50% rule, allowing a detached accessory building. The combined use of the detached garage/casita would not allow for another detached garage on this lot due to the restriction of only one detached garage being allowed. Staff recommends approval.
Chairman Hart opened the Public Hearing. There being no comments, Chairman Hart closed the Public Hearing.
Commissioner Blair stated when the TRC reviewed this, TRC had a modification that is not on the drawing, regarding access to Hwy 91 relating to location of the curb and more asphalt to make the widening work. A drawing has been submitted to the City Engineer Charles Gillette. It will be on the site plan when it’s developed. Property owner Steve Kemp wants to insure there is access from Hwy 91. Commissioner Blair indicated the modifications are not going to adversely affect the project. Commissioner Reed commented on the proposed landscape plan and indicated he would like to see the actual landscaping stay within what has been submitted. Commissioner Mendenhall suggested the motion reflect the concerns and Commissioner Reed indicated the concern should be reflected in the minutes. His concern relates to types of trees. The city doesn't expect to see types of trees planted when they're not in the plans. Rob Reed stated in content, the owners intend to do what has been submitted.
MOTION: Commissioner John Reed moved to recommend the approval of an amendment to Fitness Ridge Resort & Spa Phase III Expansion Proposed Class V Conditional Use Application. Fitness Ridge Resort & Spa, subject to the modifications mentioned in the minutes by Commissioner Blair and also in adherence to the concepts of the landscape concept plan.
SECOND: Commissioner Jerry Blair
VOTE: The motion carried unanimously.
| Chairman Chris Hart |
AYE |
| Commissioner Jerry Blair |
AYE |
| Commissioner Lesley Mendenhall |
AYE |
| Commissioner Dennis Mehr |
AYE |
| Commissioner John Reed |
AYE |
Chairman Hart stated that before he opens the public hearing, he gave background information to the public. There will be a document from the Planning Commission to the City Council. The Planning Commissions direction was to come up with some language that if it was decided this was a good idea, it would be used as a basis for passing an amendment. There are mixed feeling on the Planning Commission about whether or not this is fundamentally a good idea. The city has received letters from different individuals. Two of the letters represent Home Owner’s Associations (HOA’s) in Kayenta and they are not in favor of this ordinance.
Chairman Hart opened the Public Hearing. Barbara Rusick came forward and inquired if all of the letters submitted were received by the Planning Commission. One letter from Lisa Rutherford had not been received due to Kevin Rudd and Martha Wilson being out of the office. Barbara Rusick wants to insure any and all letters regarding this issue are included in the packet to the City Council.
John Soucy came forward. He lives in Copper Canyon and inquired what defines a short-term lease. Chairman Hart stated anything under thirty (30) days, down to a minimum of three (3) days. Anything over thirty (30) days is considered long-term. Mr. Soucy inquired if the short-term leases will adversely affect home values. Chairman Hart indicated the situation would be similar to a hotel room and this concept is fairly controversial. The proposed ordinance includes a provision that any development that has an HOA or CC&R’s can amend their CC&R’s to exclude this from happening if they don’t already have language that prohibits this. Commissioner Blair stated he lives in Copper Canyon and was on the HOA board. The board tried to change the leasing terms to not allow rentals of less than six (6) months but it was defeated. It allows short-term leases and will remain in place until the board changes it. Valorie Noel Ciardi came forward. She lives in Padre Canyon on Mesa Vista Drive. She requested a copy of the proposed ordinance and Judy Gubler provided her with a copy. Ms. Ciardi indicated there may be a financial need or opportunity and anything less than an opportunity to give everyone an economic lift up at this point is extremely necessary. There are regulations that could be included in the ordinance deal with parking, criminal checks and the like. We have to be aware of situations when allowing rentals. Chairman Hart indicated discussions regarding this began before the economic melt down. As it stands now, someone can rent a home for thirty (30) days or more. There being no further comment, Chairman Hart closed the Public Hearing.
The Planning Commission commended and thanked City Attorney Dale Coulam on the language in the proposed ordinance. Dale Coulam started with an original draft that was similar to the City of St. George’s ordinance, which is basically a prohibition. The drafted ordinance before the Commission tonight is similar to Park City’s ordinance. The Planning Commission wants to insure all letters received on this issue are forwarded to the City Council. The following are the Commissioners positions on this issue:
Commissioner Mendenhall has spoken with a number of individuals throughout the City, and they do not think this is a good idea. The City of St. George has not allowed this type of short-term leasing, except in the Green Springs area and a small area in Bloomington. St. George’s primary motivation is to support the hotels and motels. The overall concerns are values of single family homes, public safety and the like. Ivins City doesn’t have enough revenue or staff and wouldn’t be able to control it as the ordinance is currently proposed. She doesn’t want to see this ordinance pass as it is written, due to it being all inclusive, in all residential areas. She would like to see short term rentals under 30 days or less allowed in a more controlled environment, similar to the Entrada rentals off of Pioneer Parkway in Santa Clara, which are managed by a property management company that is available 24/7. Those rentals blend into the community, provide a sales tax base to the city, allowed visitor’s to stay for various lengths of time, and protects the residents in the community.
Commissioner Reed explained that a large part of allowing this is looking at where Ivins City is intending to be in the future, looking at the General Plan and providing more commercial base in the city for tax revenue to the city and the residents. A grocery store and short term rentals are being built next door (Santa Clara). Revenue isn’t just based on taxes. It is what people bring and spend in the community. In his own experience, he has spoken with the short-term renters. They bring income to the city and he doesn’t believe crime is an issue. The letters that have been received on this issue have been evenly divided. Short-term rentals as proposed should be allowed.
Commissioner Blair initially thought renting for a minimum of 30 days was more than adequate and originally agreed with Commissioner Mendenhall. After listening to the discussion, the varying points of view and calling Ivins City a resort destination, he feels the City needs to have a way for people to come and stay in Ivins. There are only two (2) spas and one (1) Bed and Breakfast. He thinks the ordinance should go forward to the City Council.
Commissioner Mehr stated that he was fine with the language in the proposed ordinance, with the exception of Paragraph 2 "Applicable Zoning Districts." He has a problem with the short-term rentals being allowed in all zoning districts. He is in favor of creating a zone that would allow short term leases and would prefer to define what parts of the community short-term leasing makes sense in and what zoning would allow it. The priority in the City’s decision making should go first to those that are here, secondary to those that want to come here and not reverse the two. He is not in favor of the ordinance as it is written.
Chairman Hart explained that he has been on both sides of this issue. He’s concerned that areas of the city that have a Home Owners Association (HOA) or CC&R’s will opt out and not allow this type of short-term leasing and those areas of the city that don’t have an HOA or CC&R’s, won’t have a way out and that wouldn’t be fair. The City currently has the ability to create a Bed and Breakfast and as it stands with the market place now, doesn’t think the demand is great enough for guest housing beyond what’s available through the Spas or the Bed and Breakfast. He doesn’t see short term leases providing a great deal of revenue to the City and it may be more expensive to the City. The ordinance would also be difficult to enforce.
MOTION: Commissioner Lesley Mendenhall moved to deny amending Ivins City Municipal Code, Chapter 16.12 to add Section 16.12.123 regarding Short Term Leases of Residential Properties as written.
SECOND: Commissioner Dennis Mehr
VOTE: The motion carried.
| Chairman Chris Hart |
AYE |
| Commissioner Lesley Mendenhall |
AYE |
| Commissioner Dennis Mehr |
AYE |
| Commissioner Jerry Blair |
NAY |
| Commissioner John Reed |
NAY |
Dale Coulam stated this will move forward to the City Council but with a recommendation that short term leases as proposed in this version of the ordinance not be allowed. The Council will then consider it, will consider the Planning Commissions’ discussion on the issues and if the Council wants to have a discussion of making further amendments to the ordinance to clarify what zoning districts it would be allowed in, the Council could then do that. Chairman Hart stated the three "Aye" votes all indicated short term leasing should not be blanket opened to all residential zones.