Kevin Rudd displayed a map that showed the location at 200 East between 600 South and 800 South and he explained the land use process in Ivins. Residential is broken down into low, medium and high density residential. This property is identified as High Density residential on the Land Use Map. High Density is any zone that has a density greater than 4.65 units per acre. The Zoning Map has three (3) zones that qualify as High Density residential. The highest density is R-M (Multiple Res. District), and it is property with greater than three (3) units per dwelling. The next density is R-2-6 which is being proposed which is residential, two family dwelling unit (a duplex or twin home), and 6,000 sq. ft. minimum lot size. The current zoning for this property is Neighborhood Commercial (CN). This was established when the Discovery Subdivision originated. The Land Use Plan was modified 5 or 6 years ago by the City Council changing this property to High Density residential. That allows a property owner to come in and apply for the zone change from CN to High Density residential. The third alternative R-1-5 zone is the lowest density allowed which is single family on a minimum 5,000 sq. ft. lot. Those are the three zones allowed on this property.
Commissioner Benson asked how many units would be allowed under R-2-6 zone.
Kevin Rudd estimated fifteen (15) duplexes with approximately thirty (30) units but a plan has not been submitted by Staff.
Vice Chair Scott acknowledged that the Commission received three letters from citizens who could not attend: Barry and Margo Richards were in favor of changing to residential but prefer lower density; Freddie and Rosemary Paul are not in favor of the zone change; and Charles Reed is not in favor of the change. The Commissioners will take these into consideration. Vice Chair Scott opened the Public Hearing.
Jason Wheeler, representative for Color Country Community Housing, noted that the organization has built several homes near Discovery Subdivision located in the Country Villas Subdivision. The homes are some of the most efficient homes ever done in the nation. They take pride in building quality built homes, and the homes have received a score of 50 which indicates that the homes use less than 50% of the standard code built home. They build with products that are durable. The new development is not a self help program. He presented renderings of some recent projects they have done. One is in Paige, Arizona with 48 units which were completed a year ago and includes a pool and playground. A 24 unit project was completed in Springdale for affordable housing. This was a mixed project of apartments and single family homes. Currently, they are working on a 56 unit senior housing facility in St. George located along the freeway. Every effort will be put in this project to make sure of the quality, make sure its attractive, and high efficiency so that people don’t have high utility bills and that it fits and blends within the community.
William Funkes lives in the area where the project will be and asked for a picture of what the project would look like now, not later.
Dale Coulam explained that this is not a question and answer format. The questions will be noted and the applicant will be asked to respond. At this stage the applicant is not required to have specific plans set forth. This is a density issue. Then a detail subdivision plat would be proposed and there will be a public hearing. The Land Use Plan states high density and it guides the options to the Commission. Out of those three choices, the Commission will make a recommendation to the City Council. Then the City Council will also have a public hearing and make the final decision.
James Cook’s property abuts this property. He asked if the proposed land was the only property that’s high density.
Kevin Rudd stated that the Discovery Subdivision is High Density which is 4.65 units per acre or greater. A subdivision can have lower density lots within a higher density zone.
James Cook stated there are three options Commercial, R-1-5 or R-2-6. Both sides of the street are single story homes which fits the community. Retirees have come in with their life savings to live in this area. Condos will have to be two stories to be big enough to live in. Otherwise, there will be small condos on 6,000 sq. ft lots. Has anyone asked Mr. Flowers about bringing in low income housing to that area? There is already low income housing in this community. There is no low income housing in Santa Clara. There is in St George but do we need to import that type of problem into the area.
Jeff Parker lives at 160 E. 742 S. and is concerned about what happens to the property but also concerned about how it has been taken care. It is a fire hazard with weeds and piles of debris. Something needs to be done with the property. However, we are retirees and we already have low income housing to the east and two apartment complexes two blocks to the north. He did not want to move into that kind of residence. That’s why he bought where he did. He was told not to move to Ivins because it’s low income, and a little cattle town with a bunch of trails through it. There are enough problems with low income families. This was the main entrance but now we have the beautiful entrance that goes past the golf course and roundabout. That’s what the City wants to put forth. He asked why they wanted to put a Power Plant at the head of a City street which is now the exit to the City, not the entrance. The forefathers were aware of this situation when it was changed. They want to go past the golf course and roundabout but we want the same thing in this area. We are getting too much of that down there and not cleaning up enough of what we have. It’s interesting that building permits were granted to homes that faced 200 East. Then, they were told they could not enter from 200 East and gutters were put in so they could not. That seems odd to tell someone after it has been granted a permit. Also, heard the City is going to put in a big fence to cover it. Our subdivision is only two blocks down. We have the Power junction at 200 East which was the entrance to Ivins and small power poles were replaced by larger ones. The City said we cannot tell a big company what to do. All the developers are expected to put in underground and now we see this project coming in. What happens to these big utilities? It’s not Main Street but it is 200 East into the community. He was confused about some of the things that have been done. If the other homes are not granted entrance off 200 East, then how can this development enter into the street? If they do, there will have to be a stop light to take care of the traffic. How are the entrances going in and out at the side streets? The City is not consistent in the way we do things. So it is important that we talk.
T. J. Wenner lives in Elfin Cove.His and Elfin Coves’ biggest concern is the crime. He dealt with Section 8 housing for 20 years, it has its problems. We are not saying not in our back yard but we want to know why take away the commercial and put in the housing. There is plenty of room in other places. Parking is a big issue. Elfin Cove has a park on the corner and if this type of housing goes in who knows what will happen to the park. It’s a private park for our residents. They try to keep things clean by cleaning their own gutters and streets. They are not ready for this kind of a change.
Marge Gilbert lives in Red Mountain West. Their is also concerned about low income housing, parking, emergency vehicle access, crime. There are many economic challenges with that type of development. It also affects the property values of which we already suffer. Their subdivision also has a private park. There have been problems in the past with children climbing the block walls. Fortunately, the children have grown up, and we don’t have the problem. But they don’t want that problem again. She opposed the development and asked that it remain commercial.
Bonnie Wenner lives in Elfin Cove which is a very quiet community and we take care of our area. There has been trouble with traffic and teenagers breaking the walls which we repaired ourselves. Also, she is concerned about the parking. She was a Manager for Section 8 housing and knows how hard it is to find a reason not to certain individuals. The rules and regulation are very strict. A police report is about the only thing that can be used not to rent to them. Section 8 requires only so many people in a unit. But we don’t know what type of development it will be. In that type of environment, there are many illegals coming into and have come into the area. We know their traditions differ from ours. They bring all family members and live in the same unit. Also, most complexes are built for one vehicle only but most families are a two party working family with two vehicles. If this proceeds, there should be two parking spaces per unit. If there are teenagers, they have cars and their friends. There will be a parking problem, higher crime and that is a proven fact with Section 8. She is totally against it. If you have any questions about Section 8, she can answer a lot of them.
Mrs. Walt owns property in Discovery Subdivision and stated that low income is not right. If homes are built there, it should be single family homes like in Discovery or across the street. Low income devalues our homes and they have already been devalued. She opposes the proposed change.
Tim Conville lives in Discovery Subdivision off 800 South and behind him is the Ence property. There are low income apartment houses to the right and across his backyard are six trailers. We deliberated for a long time on whether to buy the property because of the proximity to the trailers and what might occur. It has occurred over and over again. That is the result of people on lower income. They take more chances and do whatever they have to get by because I’ve been there. If low income is put on the front of that property, it will erase that little community and the type of people that live there. One point already made is there is a lot of space in this town to put low income housing. The cost will go up for fire, police, etc. He is against low income housing. Bringing in pictures of other places and from other states means nothing. What means everything is what is left on the ground when it is done.
Steve Fassler lives in Discovery Subdivision and agrees with everything that has been said. He opposes the zone change until some of the questions can be answered. The pictures that have been shown are artist renditions. He asked if they have any current pictures of units that are five or ten years old. He hoped that the project would be low profile to keep from blocking the view, and the power lines should be buried along with curb and gutter. He asked if it could be postponed for now until the questions are answered.
Brent Stanley lives in Elfin Cove Subdivision which is 55 and older community. He has thoroughly enjoyed the property and is here full time. I’ve seen the growth of Center Street, the VA facility and the beautiful homes around that area. Beautiful homes have been built west of 200 West and that is what we were hoping to see on 200 East. He agrees with the others and he’s tired of the dust blowing, etc. But we would like to keep our property values where they are at or grow the value by putting nicer products on that property. He was not opposed to residential but put something nice on there. We take pride in our homes and want to keep it that way.
Max Cook lives on 150 East and her backyard faces the open property. The biggest concern is the crime in Ivins and what this will do. This is a serious problem that needs to be addressed. She and her husband handed out brochures and saw a lot of rentals in that area. Go out and look at them for yourself. We built the home here because we thought it was a beautiful community and still do. Someone is not doing their job to keep it up. What happens to our view? We saw the large poles go up. What was the reason for not putting the electric underground? Why do we need to spend more taxpayers’ money to redo it? She doesn’t have a need to have a two-story low income housing development behind her so that when she sits on her patio people are looking at her from their bedroom window. We need to assess what is going on. There is empty property. Keep the low housing away from residential. She doesn’t want balls, frisbees or dogs on her property. She already has a pit bull coming over her fence. We need to think about these things.
Bruce Jurart lives on 800 South and reminded them of the nightmare in the trailer park and the low income families. Is that what we are looking at again? We got rid of that problem. Low income area needs to happen but not in my neighborhood. Most of the neighborhood is $300,000 to $500,000 homes. What will it do to property value? Do you want it in your backyard or new home? I think it is giving Ivins a black eye.
Gary Baker is also opposed to the change.
Mike Ellis lives in Discovery Subdivision and has been there 15 years. What is actually meant by low income housing? I’m low income and have been for 15 years. Is it someone under $10,000 or $15,000 a year or $100,000 a year? Are we talking about people with modest income? How are we going to make sure they are able to afford once they buy these houses? We have a lot of people among us that are unable to pay their mortgages which is part of the problem in the country. Are we going to compound it? I don’t know what the Planning Commission is thinking about. We have a nice quite, charming area and it has been for some years. People take an interest in their yards. Some of the rentals are nightmares. These rented houses have three families with three or four cars, repairing cars and other people’s cars and have yard sales every weekend. What we are really talking about as a group is making sure that we keep the neighborhood as it is with like people. He has no objections to people with low income, as long as they can pay for the house. We are concerned about people who are going to be a blight on the community.
Max Cook asked if the property is going to be rental or purchased property. She is opposed to duplex or condos. Single family is an appropriate choice and should be purchases not rentals.
Tracy Dutson, Color Country, explained the project is rentals and they are not Section 8. It is called the Low Income Housing Tax Credit which is a federal tax credit. It is a competitive process but at this stage the application has not been submitted. It is due October 1. Certain things have to line up to make the application. There is nothing set in stone as far as unit types. Jason Wheeler is an architect and has been working on some charming designs. Ivins City’s code for this zone requires a two car garage per unit. There will be adequate parking. The pictures presented have been built and they are very well maintained. The tax credit is a federal investment tool but they are not involved beyond the tax credit. There is an investor who buys the tax credit from us. If we get the award sometimes its a year before construction begins. There is a forum as to what renters can come in at. If they don’t have an income, they absolutely cannot rent. It’s about 43% of the area income which is approximately $25,000/year. It’s too low for these units. We appreciate your concerns. We don’t want to develop anything that doesn’t fit the community. We have been very successful with our projects in Ivins. He would not build it unless he would live in it. We spend a lot of money for these units to look and perform efficiently and fit into the community. If you look at the zoning, there is not a lot of space available. At some point we would have to do the same process with another neighborhood. We cannot pay too much for the land.
Jason Wheeler, Color Country, stated the reason we show these types of pictures is to show the type of work that we do. We are at least a year out from construction. We are just trying to obtain the zoning. The architecture is a work in progress. He spent a couple of hours walking around the community and went into Elfin Cove and Discovery. It is a lovely community with trees, etc. We appreciate that and will try to protect the area. The units will be a story and a half. They will try to protect the view of the Red Mountain for the existing community and new residents. There will be setback portions on three and four bedrooms units. There will be a small private street that runs in the back next to the concrete wall adjacent to Discovery. There will be two car garages for each unit and additional stall for each unit. The access will be from 600 South and 800 South onto the small access street. The units will face 200 East with a residential feel and make each look like a single house with two units similar to a twin home. They will maintain control, manage the property, landscape and have regulations. That will help make the units stay nice. The street improvements will be put in including curb and gutters. It is a more of a density project than the residents would like to see, and there is a certain amount of fear with low income families. But living in low income housing helped me out when I didn’t have a house of my own. There will be 19 two bedroom units, 8 three bedroom units and 4 four bedroom units. This keeps the roofs low on the housing. The alternative for the area is a strip mall. The twin homes would be a better fit for the community in terms of lighting and parking.
Max Cook commented that she would be looking a someone's garage. The fences would be made taller and then the view disappears. As per realtors, it will immediately drop the value of the homes facing the garages by $10,000. Several people have said we have a really neat community we need to stick together.
Brent Stanley commented that the weeds are looking pretty good. He does not want to see any portion of a two story. He’s been in the building industry and understands the developer's issues. St. George is a huge area and we should keep Ivins exclusive. He loves Ivins but may have to move.
Jim Cook noted that $23,000 income is barely over minimum wage which is low income. His perception was that the developers already have a deal with Staff and they are protecting the applicant.
Vice Chair Scott closed the Public Hearing.
Vice Chair Scott commented that the current zoning is Neighborhood Commercial (CN). If someone came in to build CN, they are allowed to do it. The Land Use Plan is the vision of the City and designates the property as high density residential (4.65 units per acre or greater). Although the property is not currently zoned high density, the Land Use Plan gives the property owner the right to come in and change the zoning to High Density residential. It’s a matter of the property owner working under the current zoning or moving toward the vision of the Land Use Plan. The General Plan directs us to look at the issues mentioned such as traffic, crime, etc. to maintain a quality community. We cannot specifically focus on income levels or rental versus owner.
Dale Coulam stated that this is a land use density issue. The only thing he is protective of is the process, not of the applicant. The Planning Commission has to choose a zone that is within the Land Use Plan of high density residential. The only other option is a commercial development. There are three choices for High Density residential. The zoning does not say High Density residential is only for low income housing. It has no application as far as a land use decision. It could be privately financed by an individual and that has no application on the land use process either. When a subdivision plat comes in, the Commission will be looking at the type of housing. Any residential unit could be twenty-five feet (25’) high. If lower density residential was developed, it could be twenty-five (25’) high which takes away views as much as two story buildings. The issue is density and should it be single family, duplex or townhomes at 6,000 sq. ft. lots or multi family. If the owner chose to put them on bigger lots, that’s up to the developer.
Lance Anderson inquired about the height of neighborhood commercial.
Kevin Rudd stated that it is twenty-five (25’). The height and the setbacks is the only thing that can be regulated.
Lance Anderson clarified that the height can be twenty-feet (25’) with commercial, single family, and R-2-6 townhome/duplex. During a zoning application, it is perceived that the zoning is given to the applicant but they could go out of business or sell the property. If we zone it as per the Land Use Plan, someone else could come in and submit a different type of subdivision. Hearing what the developer wants to do does not affect the zone change. The previous City Council changed the Land Use Plan. He doesn’t look at the developers plan but the vision of the Land Use Plan. We are bound by that and the choices we have are R-2-6, R-1-5 or R-M zones.
Commissioner Benson referred to the Staff report and asked clarification about the CC&R’s.
Kevin Rudd explained that the subdivision plat shows these three (3) parcels as commercial, and the plat indicates them as (CN). The CC&R’s states, "CN or other such uses as allowed by Ivins City." A zone change will not cause a violation of the CC&R’s.
Commissioner Benson asked if the original owner held those parcels out for future commercial but the CC&R’s does not bind the property and can the owner sell those parcels?
Kevin Rudd stated that is correct. Owner, Randy Bowler was involved in the development. Color Country does not currently own the lots.
Commissioner Benson inquired about the front yard access along 200 East.
Kevin Rudd stated that 200 East is a limited access and the City knew this for years. In reference to the two homes on 200 East, the developer chose to face 200 East, and they were told that it would change in the near future. Their address changed to 175 East. On the proposed property access would be allowed from 200 East for major access. If this was CN and each parcel needed access, it would work but fifteen accesses with private drives would not. If they did multi-family, there could be an entrance from 200 East to a parking area. The most logical access would be to create a road on the west side and front the homes on 200 East which would push the homes closer to 200 East.
Commissioner Benson stated it would be similar to an ally. The lots are not deep enough to create three accesses.
Kevin Rudd stated it would have to be wide enough for a fire truck, a thirty foot (30’) road. The alternative is parking at 200 East and building against the back wall like other commercial areas. In reference to the telephone poles, Rocky Mountain is the owner. If the City had enough money to put them underground it would but the cost is astronomical.
Commissioner Loris commented that the existing homes are rather large lots with single residences. But the 6,000 sq. ft. units would look like a single family and match the existing house more readily than R-1-5. R-1-5 would put fewer units but create a cookie cutter development. There would be more buildings but less space. The R-1-5 might work better because the units would be separate but R-2-6 seem to match the existing structure and neighborhood. It would flow better with limited access.
Commissioner Anderson commented that from the aesthetics R-2-6 would look better because it’s creating a one house design. From a usage standpoint, it’s doubling up. More people causes more access, more parking. From a functional standpoint, it’s too much. Council has talked about getting more low income but he wasn’t sure what that means. He commented that he owns one of the trailers. He started out there and was grateful to have a place to live. Low income is a sensitive subject. But the R-2-6 zone is too much. The high density homes along Snow Canyon Parkway are well done with nice landscaping. The landscaping along 200 East will help the development.
Commissioner Loris agreed with Commissioner Anderson’s point. The aesthetics matches the existing houses. The existing homes are around 3,000-4,000 square feet single level, ramblers and ranch style and he assumed Color Country would match that but R-2-6 would be more. There is a conflict of what it looks like and there’s a concern it would create more crime.
Commissioner Anderson noted the high density homes along Snow Canyon Parkway are well done with nice landscaping. The landscaping along 200 East will help the subdivision.
Vice Chair Scott stated that the Commission has spent a lot of time looking at the commercial zones and trying to be sensitive to the adjoining property uses, particularly adjacent to single family. Although that was dealing with larger scale commercial properties, that philosophy of being sensitive to the neighboring use is important.
Commissioner Benson noted that Elfin Cove is R-M zone which is a high density neighborhood. It’s a well maintained neighborhood and Padre Lakes is an R-M. He doesn’t see this being an impact on the community. However, Land Use cannot control rental units. Just because it is higher density doesn’t necessarily mean it can’t be done well. We cannot pick and chose who rents the houses. He not afraid of the R-2-6 zone. If it is done right, it can be good quality.
Commissioner Anderson commented it would be good quality and look good but how will it function.
Commissioner Loris felt Commissioner Anderson has made some good points. The area and the location that we have and the high density that’s there, the adjoining neighborhoods as well as those in Ivins are independent residents, not duplexes. Duplexes are not my favorite thing. But Color Country Housing has done several developments very well single family units. He was in favor of R-1-5.
Commissioner Benson asked if they were considering changing the zoning from commercial and following the direction of the Land Use Plan.
Commissioner Anderson originally thought it should be left commercial but he didn’t realize it was High Density residential on the Land Use Map until this discussion. The R-1-5 would work.
Vice Chair Scott noted that the property owner has the right to come in and request the zone under the Land Use Plan whether we prefer commercial or not.
Commissioner Benson asked if we recommend a certain density level, does it allow a new owner to come in and reapply for a different zone.
Dale Coulam explained that if it is changed from commercial to High Density residential, it could not be changed back to commercial. The Commissioner’s do have the option to recommend denial of the requested zone. The applicant could choose to apply for an R-1-5.
Commissioner Benson asked if the Commission recommends R-2-6 and the project falls away and another property owner comes in and wants to increase the density or decrease the density, can they do that?
Dale Coulam stated if it is zoned R-2-6 and they want to decrease the density and voluntarily choose to put in single family homes on 10,000 sq. ft. lots, they can do it. If they want to increase the density, there would have to be a zone change to R-M zone.
Commissioner Loris asked Commissioner Benson his pros and cons to having a denial.
Commissioner Benson stated other than that is the way it was originally zoned. At some point along the way those before us thought it was good place to put commercial. The Commission has spent a year on commercial neighborhood and ordinances on how to protect views and how to make neighborhood commercial look nice. As stated the Land Use Plan is the guiding document approved by the City Council which is the vision and how they want to head. His inclination is to follow the Land Use Plan.
Commissioner Anderson stated if it is denied, it still gives the City Council the opportunity to decide what they want on this property.
MOTION: Commissioner Jeffrey Loris moved to deny the application for R-2-6 (Two Family Residential District - Minimum lot size = 6,000 sq. ft) and recommend a density of R-1-5 (Single Family Residential District - Minimum lot size = 5,000 sq. ft.) to the City Council.
SECOND: Commissioner Lance Anderson
VOTE: The motion carried unanimously.
| Commissioner Lance Anderson |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Mike Scott |
AYE |
| Chair Adel Murphy |
ABSENT |