All present included Mayor Hart, Council Member Elwell, Council Member Jolley, Council Member McDonald, Council Member Roberts, Council Member Rusick, and City Recorder Kari D. Jimenez.
STAFF: Building and Zoning Administrator Kevin Rudd, Parks and Recreation Director Benny Sorensen, Public Safety Director Bob Flowers, City Engineer Chuck Gillette, City Manager Judy Gubler, and City Attorney Dale Coulam.
EXCUSED:  None.

Audience: Angelo DiSante, Stacy Young, Dennis Mehr, Bryant Edgington, Lance Anderson, Mark Cox, Tina Kelm and others who did not sign in.

A.	Acknowledgement of Quorum

B.	Flag Salute

Council Member Jolley led the Flag Salute

C.	Invocation

Council Member Jolley gave the Invocation

D.	Disclosures

The Mayor and City Council Members stated they had no conflicts of interest with items on this meeting's agenda.

A.	Blue Sky Community Challenge - Mark Cox and Kai Reed

Mayor Hart indicated Rocky Mountain Power has provided a grant to Ivins City for a Photovoltaic Solar System.  Mark Cox referred to a PowerPoint presentation, a copy of which is available by request through Ivins City Hall.  When an entity or individual enrolls in the Blue Sky Program, Rocky Mountain Power purchases certified renewable energy certificates from regional renewable energy facilities on behalf of the entity or individuals, which guarantees that electricity from wind, solar and biomass facilities is delivered to the regional power system.  Electricity from renewable energy facilities replaces and reduces the need for electricity generated from non-renewable sources.  Rocky Mountain Power encouraged the City to join the Blue Sky Program and launch a community wide challenge. The Mayor and Council Members would like to discuss this on a future agenda.

B.	Department Reports: Parks and Recreation and Public Safety

Benny Sorensen reported that Saturday, December 4, 2010, is the Run Run Reindeer Fun Run.  Staff is putting up the Christmas decorations.  Basketball registration is closed and all other programs are going well.  He met with a group regarding the community garden and they are working on rules and regulations for the garden.

Bob Flowers reported there was a substantial burglary at Tuacahn High School and all suspects in that burglary have been arrested.  There was a burglary in progress at the Lightfoot's Chevron station but they were caught in the act and arrested.  The new Fire Chief is Kevin Gildea.  He and his wife Julie have moved to Ivins from Orange Cove, California.

C.	Planning Commission Report

Kevin Rudd reported on behalf of Chairman Mehr.  The Planning Commission held a Public Hearing on an application to amend the Land Use Plan of the General Plan on the Bellagio subdivision on Highway 91 and made a recommendation for approval.  The Planning Commission discussed a design review on the Coyote Gulch Cabaret Theatre and the Planning Commission has approved a final draft for an amendment to the zoning ordinance.  The Planning Commission will hold a Public Hearing on the zoning ordinance and the City Council will likely address the zoning ordinance in January, 2011.

A.	Public Hearing on the Planning Commission’s Recommendation Regarding the Preliminary Plan for the Desert Rose Subdivision with a Subdivision Enhancement Overlay District

Kevin Rudd indicated the Desert Rose subdivision is located on 200 East at approximately 950 South and disclosed that he lives on lot 13 and would be personally affected by the proposed development.  The Subdivision Enhancement process allows a developer to present to the City a project that proposes amenities above what would be required.  In return, the developer ,ay receive density bonuses.  The applicant is requesting a twenty-five percent (25%) density bonus for a total of 55 homes and is proposing to build a public park in one area and a dog park in another area.  The park areas consist of approximately 2 1/2 acres and the developer would dedicate the parks to the City.  The Director of the Parks and Recreation Department feels that would be a good location for a small park.  Mr. Rudd referred to a PowerPoint presentation regarding the Subdivision Enhancement process.  A copy of the presentation is available by request through Ivins City Hall. 
There are three (3) density incentives.  The first density incentive is Improvements and Enhancements to Open Space Areas.  There has to be a minimum of ten percent (10%) open space for an application for the overlay to be submitted and the open space must be improved.  The Planning Commission has recommended the full ten percent (10%) density bonus due to the 2 1/2 acre park being donated to the City.  The developer is requesting that the impact fees collected be used for the cost of the improvements of the park.  The estimated cost of the improvements is two hundred fifty thousand dollars ($250,000) and three hundred thousand dollars ($300,000).  Kevin Rudd referred to the developers Supplement to the Narrative that outlines how funding and building the park would occur.  A copy of the Supplement is available by request through Ivins City Hall.  The second density incentive is Consistency in Design Elements.  The Planning Commission has recommended the full density bonus of five percent (5%).  Some of the neighbors are concerned with the height of the homes and the developer has agreed to a maximum height of twenty-two feet (22’) rather than the allowed twenty-five (25’).  The third density incentive is Convenience in Layout, Variety of Lot Sizes and Unique Subdivision Features.  The Planning Commission agreed that this project does not have a variation of lot sizes and recommended a six percent (6%) density bonus.  The total density proposed is twenty-one percent (21%), which reduces two (2) homes from the plan and the Planning Commission recommended those two homes be removed from the lots on the south side of the development.

Mayor Hart reminded those in attendance that the Council has reviewed the written comments, listened to the Planning Commission audio meeting and are aware of the concerns.  Mayor Hart opened the Public Hearing.  
Marcus Christensen lives in Salt Lake City, Utah and owns a second home at 265 East 1020 South in Heritage Estates.  He and his wife bought the home for the view of the Red Mountain.  They are concerned with the density of the project, height of the homes and the current plans for the soccer field and dog park.  He read from his email to the Mayor and City Council.  A copy of the email is available by request through Ivins City Hall.    
Harold Jones resides at 238 East 1020 South and inquired as to why the City has different zones in different areas of the City and is concerned with public parking for the proposed park, how the parks are going to be maintained, the smell and barking dogs at the dog park, traffic, destroying the view of the Red Mountain, and how much fill will be brought in for the project.
David Arndt resides at 347 East 1020 South.  His concern is the height of the homes, how much fill will be brought in and blocking the views of the Red Mountain.  The restrictions of Desert Rose should be the same as the restrictions of Heritage Estates.
Bryant Edgington resides at 281 East 1020 South and inquired as to the landscaping of the yards.
Stacy Young, the developers’ representative indicated he stands by the project and indicated it is a project of sound planning that is consistent with City requirements.  The project as proposed would have no more homes along the shared property line than Heritage Estates has.  The developer reluctantly stipulated to a reduced height restriction and the property is already sitting below Heritage Estates.  Both subdivisions are zoned R-1-10.  The bonus density provision for the third incentive has been a challenge for the developers.  It is difficult to be creative with the size of the property.
Shellie Hurt resides at 250 East 1020 South and is concerned with the view lots which were sold at a higher price for the view of Red Mountain, high density projects start out great but the older the projects get they turn into investment properties and rentals and more troubles for the city.  She is concerned with traffic, parking and crime.
There being no further comments, Mayor Hart closed the Public Hearing.

B.	Consider Approval of the Preliminary Plan for the Desert Rose Subdivision with a Subdivision Enhancement Overlay District

The following individuals disclosed they are residents or have interest in property in Heritage Estates subdivision: Kevin Rudd, Dale Coulam and Council Member Roberts.
The Mayor and City Council Members discussed the current zoning of the property; the previously approved Desert Rose subdivision that did not go forward due to the economy; the number of lots to be developed; height restrictions; grading and fill; setbacks; landscaping; lighting; parking, the developer donating approximately 2 1/2 acres of land to the City that would be developed as a park with the use of impact fees paid by the developer; establishing a fund to retain the park impact fees and at what phase in the project those fees would be used; the cost of the park improvements; competitive bidding for the park improvements; open space; density bonuses and the requirement for a development agreement.

The current zoning for this property is R-1-10.  It was previously zoned R-1-8 which would allow a higher density development than the one being proposed.  The adjacent Heritage Estates subdivision is zoned R-1-8 but the developer of Heritage Estates chose to utilize larger lots but was not required to.  The Desert Rose subdivision plan that was previously approved consisted of fifty three (53) homes which is the same number of homes in the current Preliminary Plan.  The developer has agreed to a height restriction of twenty-two feet (22’) rather than the allowed twenty-five feet (25’), in an attempt to be a good neighbor to the Heritage Estates residents.  The Council Members were concerned with restricting the height due to the limitation of the developer to build diverse homes.  The Council agreed that the twenty-two foot (22’) roof restriction would be subject to only the south lots and hip roof would be required on the homes built on the south lots.

The grade levels vary from one foot (1’) to two and a half feet (2 1/2’) along the backside of Heritage Estates and the building pads on the west end of Desert Rose are approximately five feet (5’) below Heritage Estates.  The maximum height is measured from the building pad to the peak of the roof or the highest point on the home. The rear setback for the Desert Rose subdivision, as well as for Heritage Estates is ten feet (10’).  The landscaping is in the preliminary stages and the developer intends to include the requirements for landscaping in the CC&R’s (covenants, conditions and restrictions).  Lights will be installed by the developer pursuant to Ivins current light design requirements and the roads will be public roads that provide for on street parking on one side of the street.

The developer is proposing to donate approximately two and a half (2 1/2) acres of land to the City that would be developed as a park and the developer is requesting that the impact fees paid by the developer for each home be used to improve the park.  Council Member Rusick was concerned with setting a precedent going forward with other subdivisions if this was allowed and inquired as to the legality or ability for the City to use the impact fees as requested by the developer.  Dale Coulam clarified there is nothing legally that would prevent the City from using the impact fees as requested.  The developer would be paying the full impact fee amount and is asking that the funds be used at the requested location for a park that would benefit the community.  The Mayor and Council Members concluded the park would benefit the City as a whole and would be located in an area of the City that currently does not have a park and is projected to be a major entrance into Ivins.  The developer is amenable to a separate fund being established to hold the park impact fees.  There would be a provision in the development agreement that if the park is not completed as agreed the funds in the account would revert to the City’s impact fee account.  The developer agreed that the improvements for the park would be put out for competitive bid with the City’s participation.

The Mayor and City Council agreed with the Planning Commission’s recommendation of a density bonus of twenty-one percent (21%), the requirement of a development agreement and CC&R’s.  The Council inquired as to how the Planning Commission came to the six percent (6%) figure under the Creative Design Layout incentive.  Judy Gubler indicated the Planning Commission felt clustering the homes resulted nsity bonus of six percent (6%) for Creative Design Layout is allowed.  The Council inquired as to how the Planning Commission came to the six percent (6%) figure.  Judy Gubler indicated the Planning Commission felt clustering the homes resulted in more open space and the developer agreed to limit the height of the homes beyond what is required by the ordinance.

MOTION:  moved to
SECOND: 

Judy Gubler suggested the dedication of the park property occur in phase one (1).  

MOTION: Council Member McDonald moved to amend the above Motion to include the dedication of the park property to occur in phase one (1).
SECOND:  Council Member Rusick

VOTE: The motion carried unanimously.

Council Member Elwell	AYE
Council Member Jolley	AYE
Council Member McDonald	AYE
Council Member Roberts	AYE
Council Member Rusick	AYE