Kevin Rudd reported that there are two structures located on the property at 60 South 400 West: A single family dwelling and a detached two (2) car garage. These were built in 1991. A previous owner converted the detached garage into living space and had apparently been using it as an illegal rental. Also, the house was modified into a duplex. Charles Mowery recently purchased the property and realized that there were some problems with the house. Kevin Rudd thanked Mr. Mowery for contacting the Building Department, bringing this to the City's attention and his willingness to correct the problems with the property. After visiting the property and discussing Mr. Mowery's options, Mr. Mowery decided he would like to remodel the house, convert the living space in the garage back into an attached garage and make the detached garage into a Casita. This would bring the property into compliance with the City ordinance. The modifications will clean up the problems with this illegal property. The proposed Casita/Guesthouse's site plan and plot plan were displayed (copies located at Ivins City office). The property is a half acre so the front and side setbacks are not a problem. Pictures were displayed of the existing house and existing detached garage (copies located at Ivins City offices). The home will be converted back to a two car garage. A door will be removed and replaced with a window so that it matches the house. The square footage of the detached garage is 575 square feet. The maximum size allowed for a Casita is 600 square feet. The architecture of the Casita matches the house as well as the height. Therefore, it complies with the Casita Ordinance. Staff recommends approval.
Chair Murphy opened Public Hearing and there was no comment so she closed the Public Hearing.
Kevin Rudd reported this Preliminary Plan consists of approximately 61 acres. They are proposing 130 lots and the property is zoned RE-25 (Residential Estates, minimum lot size 25,000 sq ft) with a Planned Development Overlay. The original Palisades Preliminary Plan was approved on December 18, 2003 and the original developer was Hart of Dixie. The Development Agreement had a ten (10) year development time-line and the last phases should begin by December 20, 2013. Several years ago the City purchased a portion of this property that is adjacent to Center Street which is approximately fifteen (15) acres. The projected use is for a future city park, but there is not a specific plan for it. The remainder of the subdivision was purchased by the applicant. There will be a new Development Agreement required prior to the Final Plat approval. The plan is consistent with the original plan. The difference is there is open space on the eastern boundary of the property. The developer plans to leave the area as common open space and has offered to dedicate it to Ivins City for use as a trail. The trail would connect to the future park if developed and provide access to the dike trail that is north of the property. Red Cliffs Desert Reserve has been contacted and they have agreed to allow a step-over at that point. Staff feels it would be a great addition for the existing trails. This trail is not part of the City's Master Trail Plan. However, the Commission and Council need to determine if the trail is appropriate at this location.
The original Palisades Plan was displayed (copy is available at Ivins City office) which shows several cul-de-sacs and a club house. The new plan was displayed (copy available at Ivins City office) which mirrors the original plan. Again, the difference is the open space which is 30-50 ft space between the subdivisions. If it becomes a trail, it would be left as natural landscape and also be a drainage area. If it is made into a trail, there was a discussion to grade it down so that the trail would be lower than the subdivision fences to provide privacy to the residents. A crash gated emergency access would be created to the west at the existing Palisades Ivins City Park and another crash gated emergency exit at the south end of the subdivision at the proposed park area. Staff has reviewed the plan and recommends approval.
Commissioner Anderson asked about the length of the cul-de-sacs and are the cul-de-sacs less than 600 feet?
Kevin Rudd advised that the cul-de-sacs had been reviewed by the City Engineer and meets the standard length for cul-de-sacs.
Commissioner Anderson inquired about the use of the common area.
Kevin Rudd stated the plan proposes a swimming pool, fitness area with restrooms, spa, parking, lawn area, basketball court and pickle ball courts. It will be handled by the Home Owners Association (HOA) and be private facilities. The subdivision will also be a gated area.
Chair Murphy opened the Public Hearing.
Karen Hanner lives at 223 Painted Hills Drive in Citadel Estates and adjoins the common area and trail. She's delighted to see the development coming in. It will help with the abatement of the tumble weeds, etc. but hopes the drainage does not drain to their property. She asked for some discussion about light restrictions, the grading because the property goes uphill and once it is graded what the height restrictions of the homes would be, what the phases of construction would be and in what order will they come. They expect dust and noise which comes with development but they would like to know the time frame of the phases. They like the fact that there is going to be development, they hope the homes are higher end homes, they like the gated community, and they are glad to see things move forward.
Ron Hagler lives at 268 Painted Hill Drive and is the president of the HOA in Citadel. He likes the development but concerned about the light restrictions around recreational areas, swimming pools and tennis courts. Public lighting at night can disrupt the ambiance we have in Ivins.
Tim Toller lives at 529 East Crestview Circle and is concerned about safety. There is only one gate that goes into the development and it comes off Park Avenue which is becoming increasingly busy and is next to a school. He noted that there are no lines painted on City streets. But there is quite a dangerous situation in the curve of that street because people pick up their children from school. The gated community area may be used as a turn around. He asked if there will be sufficient room east of the roundabout for people who are trying to get in but cannot. He recommended that the City look at the traffic situation as it goes down to the school, and adding a stripe would be a very simple thing. There have been some close calls with cars in that area. Eventually, there will be a need for a traffic light unless there is a plan for another roundabout on Center Street.
Reece Webster lives on Park Avenue and his lot backs up to Lot 2 of the development. He's looking forward to seeing a nice development and feels the developers will do a good job. However, he is also concerned about Park Avenue and problems with automobiles trying to turn around in his driveway. It's a critical situation on a thirty foot (30') right-of-way. There is a sixty foot (60') right-of-way to the church and then it stops and then it's a thirty-foot (30') right-of-way to the roundabout. He asked that the City put pressure on the land owner so that Center Street could continue with a sixty-foot (60') right-of-way with curb and gutter on both side. It would help with the school problem. The development looks nice and he likes the trail proposal.
Brett Boyce is with Split Rock Construction. His company has built many homes in the area and will be involved with Mr. Plumb on this project. The Springs and The Reserves have been developed by their company and the night sky preservation is very important to them. Walt Plumb feels the same. Blending in the environment, stucco colors, and strict architectural reviews have been discussed and considered. All of these things of blending in aesthetically are on the mind of the developer and the builder.
Zachary Renstrom is the engineer with Bush & Gudgell on this project. The night sky is a selling point for Ivins. The developer also wants to preserve it, and it will be addressed. It can be included in the CC&R's, as well as following the ordinance of the City. In regards to grading, the natural topography of the ground will be followed for the most part. On the larger lots to the north, the roads will be put in. But because they are estate lots, they do not want to grade them. It would create a dust bowl. Those lots will be graded when the homes are built. When a house plan comes in, the City will have to look at the grading but the natural topography of the ground will still be followed and the drainage reviewed. Where the gate is located, that road and the cul-de-sac will be the first phase, and the clubhouse will be built with the first phase. Then, it will depend on the market whether development goes north or south. Each cul-de-sac will be the phase line. Because of fire and safety certain access points will need to be established before too many units are built. As far as traffic, this development has fewer units than the original approved plan. A lot of the traffic issues mentioned deal with the school but we don't have anything to do with the school traffic issues. The property that the resident was referring to is not our property. In regards to the trail, we will be happy with whatever the City recommends.
Karen Hanner asked if the homes will be one story or two story homes.
Kevin Rudd explained that the City's restriction is twenty-five feet (25'). The preliminary CC&R's state twenty-two feet (22') and single story homes. The Palisades is single story homes and he thinks this developer is using the same restrictions.
Chair Murphy closed the Public Hearing.
Commissioner Loris commented there are 130 lots with a feasible parking area, and there is parking in the common area. He asked if there are any feasible parking locations at the knuckles or at the end of the cul-de-sacs for access to the park.
Walt Plumb stated that the trail will eventually connect into the future park which will have plenty of parking. Also, the trail will connect with the most recent bike trail that was built. The only way we were able to get a step-over on the north property was to give that open space property to Red Cliff Desert Reserve. Then they gave us a step-over and they will create a trail from the step-over to the dike trail.
Commissioner Benson asked what the Planned Development Overlay (PD) does for this project.
Kevin Rudd stated this project is not following the strict Planned Development Overlay (PD) of the current ordinance because there is vesting in the plan. It's not going through the regular Planned Development process as far as open space, etc. This plan was approved ten (10) years ago, and it has vesting rights. The developer has essentially stayed with the original plan. We cannot make them abide to the current PD Overlay ordinance.
Dale Coulam explained there was some discussion whether they would need to go through this process at all because it is so similar to the original Preliminary Plan. It's more of a courtesy to the adjacent property owners because of the open space that is proposed on the east side and to get input on the proposed trail.
On the issue of the school traffic, there is not a lot the City can do until we acquire the other half of the road. Completion of the road is up to the property owner when they get ready to develop. However, the school has advised that they have acquired additional property to the north and west of the school. They plan to develop an improved parking situation for dropping off and picking up students. We look forward to seeing the plans but the school should be addressing parking and pick up problems. When the property to the north and west is developed, it will be widened to sixty feet (60') and this will help the situation. It will probably be striped at that time as well.
Commissioner Benson commented on the traffic issue. On the original plat the access was onto Center Street, and it would have been able to handle that volume of traffic. With the sale of the property to the City it required the subdivision to access from Park Avenue. He asked if there was a traffic study on how many cars could travel on an arterial road or what width of a road could handle that volume of traffic for the subdivision.
Zachary Renstrom stated that when the property was sold to the City, the City was required to provide an access to Center. Because the City does not have the park plans ready yet we are just doing the first phase. You are correct in assuming that eventually there will be another access when the park is complete. There has been some talk about moving the access and coming through the Palisades HOA but it is required that the City provide the access.
Commissioner Benson asked if that would become the main gate.
Zachary Renstrom stated, "No" that they will do a gated entry and improve the roundabout and that would be the main entrance, but there would be secondary entrances. Commissioner Benson asked if the majority of the traffic will go through the roundabout.
Zachary Renstrom stated, "Correct." The road is a sixty-foot (60') right-of-way, and also the road that goes to the Veteran facility gives two access roads out of the subdivision. The original traffic study design included all the Palisades. The problem on Center Street is if we get too many access points off Center Street it will impede the traffic on Center Street with people turning left. They decided that the existing point of access on Center Street would be the best. Since we are losing lots in this subdivision and these homes will be mostly second homes, the traffic will not be at the peak am and pm traffic. The sixty-foot (60') right-of-way road is designed to handle a lot of traffic. With all those variables it should not be a problem with the two (2) access points and especially if the school addresses the traffic issues. At some point the City will have to take a look at Center Street and decide what they want to do at that intersection whether to put up a light or another roundabout. That will be a discussion within the next 10-15 years.
Kevin Rudd explained when the other property to the west develops, which is commercial mixed-use zoning, it will drive the discussion on whether there will be a traffic light at Park Avenue. The 130 homes will probably not drive that discussion. It's just a fact that 200 North and Park Avenue will be a very busy road when development comes.
Commissioner Benson asked if Vista School plans on having an access off Park Avenue because that is where the school bus drops off and also tells people to drop off to avoid traffic on Center Street.
Kevin Rudd explained that the traffic issues are regulated by Public Safety. There will be some modifications on Center Street and it will be limited on the drop offs. If the school wants to expand, there will be significant changes but they have purchased property to the west and north.
Commissioner Anderson commented that the road going to the park would never be an entrance. It would only be for emergency exit. If there was an emergency on the fifty foot (50') road in the subdivision, the emergency gate would have to be opened.
Kevin Rudd stated, "Correct." The Reserve has the same design with one main gate and an emergency entrance. Also, in regards to the lighting in the sports court, the City has a lighting ordinance that regulates this type of lighting. There are existing sport courts where lights were installed prior to the ordinance. The maximum height allowed is twenty feet (20'), fully shielded and points down and spotlights cannot shoot out and be visible. There will be no lighting along the proposed trail.
Commissioner Anderson asked if people walking on the trail could get into the gated community.
Kevin Rudd did not have any information on a plan for a wall, etc. The cul-de-sacs extend all the way to the end of the road for residents to access the trail. The private property owners can control that the way they want to.
Walter Plumb stated they did not have a problem with other residents walking through the subdivision. The main concern would be cars pulling onto the trail. Ivins City actually requested that there be a trail to connect to the dike trail. The original plans backed up to Citadel.
Commissioner Benson was confident that Split Rock would follow the height restrictions and design and would look out for any other concerns.
Chair Murphy stated that she is familiar with Split Rock. They build a quality product and an aesthetically pleasing product. It would be nice to have this subdivision. The trail is a great idea and a great addition to the original plan with the open space. Ten (10) years ago the residents that abut the property had issues about there being a subdivision but this adds a good element to the development by having a trail.
Commissioner Loris liked the decision to not grub the land until the house is built because of the wind and dust.
Zachary Renstrom clarified that the bigger lots will not be graded but the lots to the south will be smaller phases so those will be platted.
Commissioner Loris felt they had a potentially good product and hopefully the traffic issues can be resolved with the school.
Commissioner Anderson asked if they would be platting Phase 1 (26 units) and Phase 2 (37 units) and Phase 3 (67 units) at the same time.
Zachary Renstrom explained that the phases will be broken up but the first phase is 26 lots. The market is better but he estimates 20 to 25 lots to begin with.
Dale Coulam explained that phasing will be set in the Development Agreement and an amended Development Agreement will be required.
MOTION: Commissioner Todd Benson moved to approve a Preliminary Plan for the Palisades at Snow Canyon located at approximately 200 North and 700 East. Gardner-Plumb Ivins LC, owner, and Walter Plumb, applicant with the trail as presented.
SECOND: Commissioner Jeffrey Loris
VOTE: The motion carried unanimously.
| Chair Adel Murphy |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Todd Benson |
AYE |
| Commissioner Jeffrey Loris |
AYE |
| Commissioner Mike Scott |
ABSENT |