All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Mendenhall,
Council Member Roberts,
Council Member Densley,
and
Deputy City Recorder Martha Wilson.
STAFF:
City Manager/Attorney Dale Coulam,
Building and Zoning Administrator Kevin Rudd,
City Engineer Chuck Gillette,
and
Director of Finance Alan Rae.
EXCUSED: None.
Audience: Ken Miller, Rick Berger, Linda Nicholls, Zach Renstrom, Lance Anderson and others who did not sign in.
Council Member McDonald led the Flag Salute
Council Member McDonald gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Kevin Rudd reported this subdivision is located at 200 East and 710 South. It consists of 12 lots with a total of just over four (4) acres and is zoned R-1-5 (Single Family Residential, minimum lot size 5,000 sq. ft.) The original plan in 1994 was to be Neighborhood Commercial. Over a year ago an applicant applied for the zoning to be changed to Multi-Family and ultimately was approved as R-1-5. Walter Plumb has purchased the property and the smallest lot is 9,200 sq. ft. The challenge is that it is a narrow parcel with restricted access along 200 East. The restriction would require a private drive along the rear boundary with the homes facing 200 East and the vehicle access/garages in the rear. There will need to be an HOA (Home Owners Association) for maintenance of the private drive. The front yards would be required to be landscaped prior to occupancy and a ten foot (10') wide path would be required along 200 East to conform with the Trails Master Plan. Emergency vehicle access from 200 East would be allowed. The TRC (Technical Review Committee) and Staff recommends not connecting the private lane through to 800 South but provide a turnaround due to poor site distances for cars exiting the lane. Council Member Roberts referred to a developer deciding to put in a cul-de-sac instead and inquired if that is possible. Kevin Rudd indicated the City would review and consider it if it met the requirements. There is no way to develop the property without a rear access. There is also some blue clay next to 800 South. Council Member Densley inquired if there would be access for trash collection. Kevin Rudd stated the rear access is sufficient for garbage truck access.
Kevin Rudd reported this project is located next to The Reserve. It consists of 120 condo/hotel units on just over ten (10) acres. It is zoned Resort Commercial. The plan is to build the units as condominiums with a hotel use as short term rentals. It's a popular concept and both Red Mountain Spa and Fitness Ridge Spa have been approved for and are doing this. There would need to be a Development Agreement that would provide assurance that Ivins City would receive room taxes and prevent the project from reverting to a residential condo development. The Resort Commercial zone permits residential uses only when it's mixed with commercial uses such as tax generating uses, sales tax, room tax and the like. A subdivision plat would need to be recorded before the condos could be sold. This project would require a Class V Conditional Use Permit (CUP) approval before it can receive a Preliminary Plan approval. The CUP application will provide site plan details including building architecture, landscape plan, parking, lighting, etc. and will be the next step in the process. The project contains lava fields that are within "Sensitive Lands". The applicant will be required to submit an inventory map with the CUP application and the plan will need to be reviewed by the Sensitive Lands Committee and will then go to the Planning Commission and
City Council. Setbacks within commercial zones are based on compliance with "Site Planning" in Chapter 19 but does not include minimum distances except when adjacent to residential zones. The application shows the units thirty feet (30') from the Snow Canyon Parkway right-of-way. The TRC recommends the applicant submit a drive-by 3-D modeling to demonstrate the visual impact of the views along Snow Canyon Parkway, which will allow Staff, the Planning Commission and the City Council to evaluate compliance with Chapter 19 for setbacks and views.
Mayor Hart indicated this is a crucial project because it falls under the new design guidelines. He hopes the developer is sensitive to Chapter 19 regarding setbacks and views. Kevin Rudd stated the 3-D model will give the City an idea of what the project will look like. Council Member Mendenhall inquired if there are homes located behind the project. Kevin Rudd indicated there are and if the project abuts a residential zone, setbacks for a residential zone would be required. Council Member Elwell was concerned with a second emergency access and did not see a plan for that. Kevin Rudd stated he did not receive any comments on that from Public Safety but he will make a note and follow up to see if that is a requirement.
Mayor Hart indicated the Public Works Director Dave Glenn was excused but a written report was submitted. A copy of the report is available by request through Ivins City Hall. Chuck Gillette reported that the Tuacahn Wash Rip Rap project is under construction and is 60% complete. It's expected to be completed by the end of the month. The Del Coronado street improvements project is under construction. The project has been separated into three (3) phases and is scheduled to be completed by the end of November, 2013. He reported that the NRCS (Natural Resources Conservation Service) offered to evaluate Ivins six (6) dam structures that surround the Red Mountain for potential rehabilitation. The project is being funded with federal money and an environmental assessment is required as part of the evaluation. A scoping meeting was held last month to gather comments and approximately five (5) residents participated. Individuals living next to the dam are concerned about runoff. He reported that there are a number of developer projects that are nearing completion, those being Desert Rose Phase 1, Mohave Estates and Taviawk Phase 9-I.
Kevin Rudd reported there have been just over 100 building permits issued since the first of the year and code enforcement is going well. The City of St. George has been in the headlines recently for the way they have handled code enforcement. Ivins code enforcement tries to use common sense and work with violators to help them come into compliance.
Commissioner Scott reported that the Planning Commission held four (4) Public Hearings on the following: amending the subdivision ordinance regarding maximum length of cul-de-sacs; and amending the zoning ordinance regarding the maximum height of all primary buildings; allowing chickens in residential zones and site layout and development pattern for walk-out basements. Two-thirds (2/3rds) of the attendees made comments at the Public Hearings. There was only one (1) individual who expressed some concern regarding chickens being allowed in residential areas. The Planning Commission recommended approval on all four (4) Public Hearings and those will now proceed to the City Council. The Planning Commission will hold a Special Meeting with the Sensitive Lands Committee on October 29, 2013 at 5:30 to discuss the Sensitive Lands Ordinance and how it impacts commercial development and high density residential development.
Paul Wiens resides at 304 North 390 East in Ivins and commented about the problem of blowing dust from developed but not built on lots in Red Mountain Estates. He feels it is a health concern for residents and would like the City to work with the HOA (Home Owners Association). Mayor Hart explained that the City Council will take his concern under advisement and if the City Council decides that they want to pursue this as an agenda item, it would be addressed in a future meeting on the City Council agenda. There are ordinances in place regulating what is and is not permissible. In a natural environment and particularly in a construction environment, it is very difficult to satisfy all of the concerns like those that Mr. Wiens has expressed. Ivins City code enforcement addresses those issues.
Kevin Rudd indicated this property has three (3) categories on the current Land Use Plan which are Resort Commercial, Low Density Residential and Medium Density Residential. The owner is requesting the entire property be changed to Medium Density Residential. Currently on the Land Use Plan there is a pod of Resort Commercial with High Density Residential at 600 West and Highway 91. That future location is projected to be a major intersection and because of that, the TRC recommends that the southwest corner of that property remain Resort Commercial.
Mayor Hart opened the Public Hearing. Lance Anderson stated he is okay with the requested density change and indicated there are utilities on the south side of the road on Highway 91. If residential is built against 400 South, that would leave a dead spot and he is concerned about that. Mayor Hart closed the Public Hearing.
Council Member Densley inquired about the way the roads intersect. Kevin Rudd stated it's for access and all of the roads that intersect on Highway 91 in the future will be re-aligned. They are also depicted as such on the Transportation Master Plan. Council Member Densley inquired if the water and gas lines are still in place. Kevin Rudd indicated the easement exists and those utilities run parallel to the road. As the property develops, the City and developers will need to be conscious of those utilities. Council Member Roberts
stated that with the surrounding densities, this request looks like it fits and makes sense. Mayor Hart agreed.
MOTION: Council Member Roberts moved to approve a General Plan Amendment to change the Land Use Plan on a 20.56 acre parcel located on the north side of 400 South between 400 West and 600 West from an existing designation of Low Density Residential, Medium Density Residential and Resort Commercial to a proposed designation of Medium Density Residential with the exception of the southwest corner of the property remaining Resort Commercial
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
Alan Rae indicated there are two (2) proposed amendments. The Ivins City Fire Department is requesting funds be approved for a covered parking. The other amendment would be to add a line item for the West Side water storage tank. He clarified that amending the budgets is not the same as approving the expenditures. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Council Member Roberts asked if a private citizen wanted to cover their RV with the same structure that the Fire Department is requesting, if that citizen would be able to do that. Dale Coulam stated that's part of the analysis yet to come. The Fire Department has to come forward with a proposed plan and it would have to meet all of the legal requirements as well as come forward for approval for the actual expenditure. The City has not reviewed plans for a structure at this point. Council Member Densley commented that it would basically be a carport. He would prefer that they budget for next year to build an enclosure. Dale Coulam indicated that would be part of the discussion when a design is brought forward to the City Council.
MOTION: Council Member Mendenhall moved to amend the FYE 2014 General Fund/Public Safety and Water Fund Budget as presented
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
Mayor Hart referred to the Culinary Water Master Plan and Impact Fee Facilities Plan that was provided to the City Council Members at the previous City Council meeting and stated the analysis is interesting because it's not just about water. He thanked Chuck Gillette and Staff for the effort that went into the plan. The City Council Members agreed and would like to proceed with a Public Hearing at the next City Council meeting.
Dale Coulam indicated he prepared this ordinance per the direction of the City Council. There were no changes requested by the Mayor or City Council members.
MOTION: Council Member McDonald moved to approve Ordinance No. 2013-05
SECOND: Council Member Elwell
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
Roll call vote. All Council Members voted in favor.
Dale Coulam stated the City of St. George has recently been in the news regarding their Administrative Code Enforcement with allegations that their code enforcement ordinance authorizes illegal searches. That is not the way Ivins City handles code enforcement. He reviewed Ivins code enforcement ordinance and suggested that two (2) sections of the ordinance, sections 4.01.303 and 4.01.304, be stricken because they are unnecessary. By striking those two (2) sections, Ivins City will likely avoid a legal challenge of the ordinance.
MOTION: Council Member Mendenhall moved to approve Ordinance No. 2013-10, an Ordinance of Ivins City, Utah, amending Title 4 of the Ivins City Code regarding Administrative Code Enforcement
SECOND: Council Member Roberts
VOTE: The motion carried unanimously.
| Council Member Elwell |
AYE |
| Council Member McDonald |
AYE |
| Council Member Mendenhall |
AYE |
| Council Member Roberts |
AYE |
| Council Member Densley |
AYE |
Roll call vote. All Council Members voted in favor.
Council Member McDonald - no report
Council Member Densley - no report
Council Member Roberts reported that the Scouts in Ivins will be holding a parade on October 29, 2013 beginning at 6:00 p.m. that will start at Center Street, go down 200 East to 1060 South. The event will be in celebration of the Scouts being associated with the LDS Church. He also reported that his father-in-law has some slides showing when water was brought into Ivins. Council Member Roberts is going to try and have them converted from slides to photos or into a digital format.
Council Member Mendenhall - no report
Council Member Elwell - no report
Mayor Hart referred to a photo that he was allowed to take by the artist who was in attendance at Heritage Days. The artist is a descendent of one of the original families and one of his paintings was put together after reading historical information and going through old photographs. He inquired if the City Council would be interested in requesting that the painting be allowed to be replicated in some way for the City to have and display. The City Council Members agreed that should be done.
Mayor Hart asked the Council to plan on a closed meeting at the next City Council meeting regarding property acquisition.
Dale Coulam indicated the Kayenta Arts Foundation provided a plaque to the Ivins City Council and Mayor thanking them for their support of the 2013 Kayenta Street Painting Festival. He reported that he attended the Trust Risk Management seminar. Ivins City received a refund on the liability insurance although Ivins risk on liability is still over one (1). One is the base rate. On Auto Liability Ivins rate is .88 which is great. On General Liability and Workers Compensation the City's rate is 1.06 and the City's performance experience last year was better than anticipated and the City received a refund from the trust for that. He gave kudos to Ivins Staff for being safety and risk management minded. He referred to the upcoming General Election and indicated the City Council needs to chose a date to hold a Special Meeting to canvass the election. The meeting has to be held between the dates of November 12th to the 15th or November 18th or 19th. The Mayor and City Council decided on Tuesday, November 12, 2013 at 5:30 p.m.
Dale Coulam indicated the City is working on some policy changes and those will come forward on a future City Council agenda.
| D. |
Items to be placed on future agendas |
Mayor Hart referred to the Citizen Comment regarding blowing dust and stated the City already has an ordinance in place. Dale Coulam suggested that issue be addressed in a TRC meeting and then report back to the City Council since it is a code enforcement issue. The lots in Red Mountain are owned by various owners. The immediate solution is to put water on it to control the dust.