Kevin Rudd indicated the property is located between 600 West and 400 West on 400 South and is approximately 20 acres. Ivins Land Use Plan shows this property as Medium Density. There are three (3) zones that meet the definition of Medium Density, those being: RE-12.5 - Residential Estates minimum lot size 12,500 sq. ft.; R-1-10 - Single Family Residential minimum lot size 10,000 sq. ft. and R-1-7.5 - Single Family Residential minimum lot size 7,500 sq. ft. The current zoning for the property is RA-1 - Residential Agriculture minimum lot size one (1) acre. The applicant is requesting the zone be changed to R-1-7.5, which would comply with Ivins current Land Use Plan.
Chairperson Adel Murphy opened the Public Hearing. Kerry Haut resides in Ivins and referred to Ivins General Plan that references the agricultural background of Ivins and encourages development that enhances the qualities that make living in Ivins desirable. Dale Coulam clarified that in this case the Land Use has already changed to Medium Density Residential. It is no longer agricultural. The choice tonight for the Planning Commission would be the three (3) zones that Kevin Rudd mentioned. Kerry Haut referred to the General Land Use Policies and stated it refers to urban development being located within, or adjacent to, existing urban areas in order to avoid sprawl and strip development, maximize the cost-effectiveness of public facilities and services, and preserve agricultural and open space land uses. He referred to the Agricultural Policies and indicated that says the City will support measures for the preservation/conservation of agricultural land. He stated that since the land has been rezoned, it appears that is no longer an issue. With the existing zoning, he would like to maintain the rural setting as much as possible. He is opposed to the R-1-7.5 zone change and asked the Planning Commission to look changing it to the largest zone of RE-12.5. Bill Deaton resides in Kayenta and suggested the Planning Commission stick with the RE-12.5 zone and not zone any higher density in that zone. Terry Marten owns the property to the west of this property and purchased it twelve (12) years ago. He has done a lot of planning over the last ten (10) years in anticipation of development of the area. He has worked with people in that general area to determine what would be the most appropriate for access off of Highway 91. The history of west Ivins has been that everything west of 400 West was sacred and low density. He is also a partner in the Bellagio development and infrastructure has been installed and that development contains 82 lots on approximately 39 acres. He believes at this point in time, a zone of RE-12.5 is appropriate for the current requested zone change and for the western corridor. Ken Miller is the owner of the property. He and the applicant thought long and hard on what zone change application to make. They have no intention of achieving the highest density of approximately 4.6 lots per acre that would be allowed in the R-1-7.5 zone. They feel they can do a nice development on the property and envision the project as something similar to SunCrest West with larger lots than are in the Desert Rose development. He requested that the zone be changed to R-1-7.5 and indicated they would be open to a zone change of R-1-10. Terry Marten indicated the Land Use Map shows an area of commercial bubble around the intersection of 600 West and 400 South and due to the future access from Highway 91 onto that intersection, there would be an isolated piece of land of just over half an acre, that would be difficult to develop. An application to change that street alignment may be coming forward and the applicant and/or owner may want to discuss that with them. He thinks anything higher than RE-12.5 density is too high for the area. Ken Miller has discussed the commercial issue with Lance Anderson and he personally doesn't like the way things are carved up on the master plan because it cuts off a large chunk of their property on the Southwest corner that they can't do anything with. He believes that the commercial property Terry Marten referred to is developable and would work as a commercial piece. Deanne Haut resides in Ivins and owns the property to the north of this proposed development. One of the reasons she moved here was because of the beautiful wide open spaces. She would love to keep the zone in the RA-1 zone and if a medium density is allowed, she requested that the density not be any lower than RE-12.5. With the growth, the residents will be impacted by traffic, roads, exits and access points. She referred to park space and isn't sure the tax payers want another park space in the development that they have to pay for to maintain it when there is already a park next to that area. She inquired if there is an option for the developers to make the lots larger than 12,500 sq. ft. and suggested 15,000 sq. ft. Chairperson Adel Murphy clarified that the zoning options are the three (3) options that Kevin Rudd has explained. There being no other comments, Chairperson Adel Murphy closed the Public Hearing. She requested Kevin Rudd address the amendment to the Transportation Master Plan that Terry Marten referenced. Kevin Rudd clarified that he received an application today from Terry Marten to amend the Transportation Master Plan to address the small piece of property that may not be developable because of the way the roads are aligned with Highway 91. Additionally there is a large waterline that runs up 600 West. Terry Marten met with Ivins City Engineer Chuck Gillette and proposed a change that would create a roundabout that would allow 400 South and 600 South to connect into the roundabout. That would not affect what the Planning Commission decides tonight. Chairperson Adel Murphy closed the Public Hearing.
Kevin Rudd indicated this is a revised amendment to an existing conditional use permit. V.J. Ventures, LLC, Owner and Troy Dennett, applicant, want to expand the Adobe Ice Box and has proposed moving the drive thru to the south side, between the two existing buildings. That was the primary question for discussion, whether the drive thru was appropriate at that location. Chuck Gillette's staff report noted that it did not meet access management requirements of the city. However the requirements do allow acceptance of particular non-conforming plans on a case by case basis. There are site specific issues that may warrant approval this proposed access. The issues are as follows: preservation of a building officially recognized by Ivins City as historic, the drive thru naturally meters the traffic exiting the new access, and the non-traversable landscape median will prevent left hand turns which reduces the potential for conflict. On those grounds, Chuck cautiously recommended approval of the new access factors. If this is approved, Troy will provide architectural drawings and show that he's within the building limits. Chairperson Adel Murphy opened the Public Hearing. Troy Dennett explained the current set up. The drive thru is on the North side and the passenger side is at the pick-up window. They want to correct the drive thru so the driver would be at the window. There was discussion about whether Troy plans to keep the outdoor seating. Troy indicated there will be an outdoor area. The Planning Commission voiced concerns about the drive thru exiting so close to the cross walk on 200 East. The applicant and Planning Commission discussed other options for the drive thru. Chairperson Adel Murphy closed the Public Hearing.