All present included Mayor Hart,
Council Member Elwell,
Council Member McDonald,
Council Member Mendenhall,
Council Member Roberts,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager/Attorney Dale Coulam,
Parks and Recreation Director Benny Sorensen,
Public Safety Director Bob Flowers,
and
Building and Zoning Administrator Kevin Rudd.
EXCUSED: None.
Audience: Marjorie Morgan, Rick and Judy Eoff, Diana Warner, Rick and Sheila Berger, Claudette Larsen, Donna M. Rode, Ken Miller, Kerry and Deanne Haut, Paul Gierasch, Zach Renstrom, John O'Meara and others who did not sign in.
Mayor Hart indicated a Quorum was present and noted that Representative Lowry Snow was present for the swearing in ceremony. He stated that Representative Snow has been doing a great job for the southern part of the State in the Legislature and he appreciates all of his work and interest in local government.
The City Recorder swore in Mayor Chris Hart, Council Member McDonald and Council Member Roberts for another four (4) year term.
Council Member Roberts led the Flag Salute
Council Member Roberts gave the Invocation
There were no disclosures or conflictsof interest with items on this meeting's agenda.
Benny Sorensen provided a written report to the City Council, a copy of which is available by request through Ivins City Hall. He reported that basketball starts on Tuesday, January 7, 2014. He met with owners Mr. and Mrs. Luffberry regarding the location of landscaping and a buffer on their property near the new roundabout on Center Street and Snow Canyon Drive. The City Engineer will draw the plans and bid out the project. The City intends to have the wall built in the spring and complete the landscaping once the wall is finished. He reported that the park restrooms are open again. They were closed due to the low temperatures. They will be taking down the Christmas decorations in the next week and there were three (3) burials in December.
Chief Bob Flowers provided a written report to the City Council, a copy of which is available by request through Ivins City Hall. He reported that the Public Safety Department has been busy with the recent significant burglaries. Officer Jason Shafer was assigned to the burglaries case and overheard two detectives from another agency discussing burglaries in their City and made a connection to the burglaries in Ivins and Santa Clara. Six (6) individuals have been apprehended in relation to those burglaries. The individuals had no connection to the community but are known in the drug world. The Public Safety Department has received another significant grant for vehicle video cameras. Regarding Animal Control, the City had a great year at Ivins shelter. Even with the inclusion of animals from Santa Clara City, the adoption rate was 99.5%. Chief Flowers indicated he appreciates the support from the City Manager and others.
| B. |
Planning Commission Report |
No report. There was no meeting on December 31, 2013 due to it being New Years Eve.
Kevin Rudd stated the original Discovery Subdivision will need to be amended to vacate lots 48, 49 and 50 prior to Discovery Phase 2 being recorded. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Mayor Hart indicated the motion is a formality.
MOTION: Council Member Elwell moved to approve vacating lots 48, 49 and 50 of the Discovery Subdivision
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 |
Kevin Rudd stated the subdivision has been reduced to ten (10) lots from twelve (12) lots because of expansive soils on the southern end of the property. The total size of the plan is just over four (4) acres and the zoning is R-1-5 Single Family Residential District, minimum lot size 5,000 sq. ft. The TRC (Technical Review Committee) reviewed the Concept Plan and all the lots are over 9,000 square feet which is almost double the allowed 5,000 square feet. The unique features of the project are that it's a narrow width, originally created for a future strip mall and restricted access along 200 East. A private drive along the rear boundary would be required along with a two foot (2') buffer strip against a masonry wall. Front yards will be required to be landscaped prior to occupancy. The homes will front and face 200 East with vehicle access and garages in the rear of the homes. Emergency vehicle access will be from 200 East. Staff recommends approval of the Preliminary Plan. Council Member Roberts inquired as to the length of that cul-de-sac street. Kevin Rudd indicated it's approximately 500 feet. Council Member Densley referred to the end lot where the expansive soils have been identified and inquired if the owners will be allowed to do anything with that portion of the property. Kevin Rudd clarified that the owners would be able to build detached accessory buildings. Council Member Densley referred to parking on 200 East. Kevin Rudd stated 200 East is designed to become a four lane road so there would not be any parking on 200 East at that point in time but currently parking on 200 East is allowed. Council Member Densley was concerned with the number of utility connections that would require the road on 200 East to be cut in several places. Kevin Rudd clarified that 200 East will be replaced and the City will also be upsizing some utilities in that road before the road is replaced. Council Member McDonald referred to the cul-de-sac being a private street and inquired who would be responsible to maintain that. Kevin Rudd indicated there will be an HOA (Home Owners Association) set up to for maintenance of that private street. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
MOTION: Council Member Densley moved to approve a Preliminary Plan for Discovery Subdivision Phase 2
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 |
Kevin Rudd stated the entire property is zoned Medium Density Residential. There are three (3) zones to choose from, those being R-1-7.5 (Single Family Residential minimum 7,500 sq. ft. lots), R-1-10 (Single Family Residential minimum 10,000 sq. ft. lots) and RE-12.5 (Residential Estates minimum 12,500 sq. ft. lots). The applicant has requested R-1-7.5. Ultimately the City Council determines which zone is appropriate. The Planning Commission recommended a zone change to the lowest density of RE-12.5 and the applicant acknowledged that would be ok. Council Member Roberts inquired as to the zoning around the property. Kevin Rudd indicated to the north of the property is the Anthem Estates development which is zoned RE-15 with an overlay. The owner received a 60% density bonus because they donated over two (2) acres of property to Ivins City for a City park. Further north of that is the SunCrest West development which is zoned R-1-8. Directly north of the subject property is zoned RA-1 (Residential Agricultural minimum 1 acre lots) where there are three (3) single family homes and the subdivision north of that is the Color County Community Housing development that is zoned RE-15 Color Country. There is no zoning under 12,500 sq ft lots west of 400 West. Mayor Hart clarified to the audience that the City Council has the notes and the audio from the Planning Commission Public Hearings. He indicated that the purpose of a Public Hearing is to educate the Council as to concerns and/or issues relative to the zoning. Mayor Hart opened the Public Hearing. Donna Rode resides at 354 West 125 South in Ivins in the SunCrest West subdivision. She supports the zone change to RE-12.5 but does not support a zone change to R-1-7.5. She doesn't want the extra traffic, lights and similar. DeAnne Haut lives at 418 West 280 South in Ivins which is just north of the subject property. She was confused as to why letters and memos refer to the current zoning as RA-1 but the proposal is something different. She would like to keep the zoning as RA-1. She is worried about the number of homes that could be developed on the property, along with the extra traffic, roads, population and likelihood of the people that move in, not wanting the surrounding property owners to have animals. If it isn't possible to leave the zoning as RA-1, she would like it re-zoned to no lower than RE-12.5. Dale Coulam clarified that a zone change has to follow the Land Use Map. The Land Use Map was previously changed to Medium Density Residential for this property, after going through Public Hearings before the Planning Commission and City Council. There are now three (3) options for the zone to be changed to, which Kevin Rudd outlined previously. The applicant has the option to leave the zoning as it is or come forward to the City with a valid application to change the zoning. Once the applicant submits a valid application, the Planning Commission and City Council are obligated to approve one (1) of the three (3) available medium density zone options. It has been recommended by the Planning Commission that a zone change to RE-12.5 be granted, which is the lowest density zone, although the applicant has requested R-1-7.5 which is the highest density zone. Ken Miller representing the applicant and property owner stated the Medium Density designation fits this site on the master plan due to its location and being surrounded on three sides by major collector and/or arterial roads. The owner and applicant would like a higher density but could live with a zone change to RE-12.5. Kerry Haut resides at 418 West 280 South in Ivins and would not want to see a density of anything higher than RE-12.5, especially with properties west of 400 West being larger than one (1) acre. He is also concerned with individuals moving in and their potential resistance to the surrounding home owners keeping animals. He feels he could lose those rights in the future. Mayor Hart closed the Public Hearing.
Council Member Elwell appreciated the concerns of the residents. He personally would not want to see any lot in the City less than one (1) acre but he has done enough research to know that isn't practical. He feels that you have to have diversity to have a strong City and be able to identify how to integrate densities within the whole. A zone change to RE-12.5 would be appropriate. Council Member Roberts agreed with Council Member Elwell. He referred to the Land Use Plan and indicated that further west of this property is High Density, which is going to surround all of the RA-1 properties. It's unfortunate that there wasn't a lot of public input when the Land Use Plan and Map were changed. Council Member Densley referred to the agricultural area that has animals and inquired if the land owners will be affected if the zone is changed to RE-12.5. Kevin Rudd clarified they will be affected if the owners develop the land. Dale Coulam clarified that the zone change is only within the proposed area and the property owners that have agricultural land surrounding this property would not be affected by this zone change. Council Member Mendenhall stated that when property owners on large lots have animals and suddenly people move in, a war usually develops between the animal owners and the non-animal owners. The Land Use Plan is changed periodically so she encouraged the residents to get involved during that time. She feels that diversity makes Ivins City attractive. She agreed that a zone change to RE-12.5 would be appropriate but nothing smaller than that.
MOTION: Council Member Mendenhall moved to approve Ordinance No. 2014-01, an Ordinance of Ivins City, Utah, approving a zoning district amendment from RA-1 (Residential Agriculture min 1-acre) to RE-12.5 (Residential Estate min. 12,500 sq ft) for property located between 400 West and 600 West along 400 South
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.
Council Member Densley - no report
Council Member Roberts - no report
Council Member Mendenhall - no report
Council Member McDonald - no report
Council Member Elwell - no report
Mayor Hart provided a copy of an email to the City Council regarding Ivins City participating in a solar initiative to become a solar community. A copy of the email is available by request through Ivins City Hall. He requested the City Council review the information and discuss it on a future City Council agenda for a formal action. Mayor Hart reported that he was approached by Planning Commissioner Scott about a sanctioning body by the name of Dark Sky International that certifies when a community has achieved a dark sky status. It's a designation that may be a very positive for the City. He asked Commissioner Scott to work with other individuals who have knowledge of that and bring information back to the City Council with recommendations on how to do that. He referred to plans for the improvement of the Ivins Reservoir as a recreation area and indicated that Ivins City has been one of the partners in the Ivins Reservoir project for a number of years but the project has not materialized to date. He has been working with Ron Thompson at the Washington County Water Conservancy District over a period of time that would allow a causeway to be placed across three and a half (3 1/2) to four (4) acres of the reservoir so that area could hold a greater amount of water, beach front and swimming area. The Water Conservancy District will be providing a couple of restroom facilities and they are willing to participate in the cost of dredging and cleaning up the reservoir, building the causeway and it looks like there is tentative approval from the Shivwits band to provide the beach sand which is close by. The City would oversee and patrol the reservoir. Council Member Elwell referred to tentative plans for the northern portion of the reservoir being sanctioned off as a sanctuary for migrating birds and inquired if that is included. Mayor Hart indicated he has voiced support for the idea of that being an eco recreation area. The current plan includes a rustic hiking trail around the reservoir that is not intended to be paved. The other thing he has been promoting is the idea of only allowing non-motorized water craft other than potentially holding a remote control regatta or something similar. Mayor Hart reminded the City Council about the Neighborhood Meetings in January.
Dale Coulam provided a written report to the City Council in advance via email. A copy of the report is available by request through Ivins City Hall. He reported that the TRC (Technical Review Committee) has reviewed the code regarding snow removal. They recommended removing the language regarding the twenty-four (24) hour time frame and not remove the duty of the homeowner. There could be some flexibility as far as enforcement. He referred to a portion of the code that addresses overflowing water on public property. There are times when property irrigate heavily and water runs off of the fields onto the roads and damages the roads. The current ordinance is outdated and does not address that specifically. He suggested adding language that addresses that.
Council Member Roberts suggested addressing changes to the code regarding snow removal and irrigation water on roads. They Mayor and other City Council Members agreed.