The meeting was called to order at
05:29 p.m. All present included
Chair Jeffrey Loris,
Commissioner Lance Anderson,
Commissioner Bryan Pack,
and Commissioner Mike Scott.
Kevin Rudd reported that the subdivision is located off 400 West and 200 North. Quail Cove Subdivision is to the north, Tenaya Estates Subdivision is to the south and Tenaya Sands Subdivision is to the West. Washington County School District has 20 acres that is adjacent to the property on the east side all the way to Center Street. The zoning is R-1-10 (Single Family, 10,000 min lot size) and the applicant is proposing fourteen (14) lots. The lots conform to the zoning as far as width and length. The average lot size is 11,000 square feet. The TRC commented that the ordinance requires a connecting road from the cul-de-sac. However, there is an exception in the ordinance that if it stops them from achieving their density a connecting road is not required. If the connection is made, they would lose a lot. Also, if the connection was required, the cul-de-sac would have to be raised and filled which could cause a negative effect in Tenaya Estates Subdivision. It would raise the lots and increase the heights of the homes. TRC recommended to the Commission and the Council that the connecting road not be required based on the exception in the ordinance.
Commissioner Pack inquired about the length of the cul-de-sac.
Kevin Rudd stated that it is approximately 540' and the maximum length allowed for a cul-de-sac is 750'. It is well under the maximum.
Chair Loris opened the Public Hearing and with no comments closed the Public Hearing.
There were no further questions or comments from the Commissioners.
MOTION: Commissioner Bryan Pack moved to recommend a Preliminary Plan for Redstone Estates Subdivision located approximately 200 North and 400 West. Redstone Estates LLC, owner, and Mike Crockett, applicant
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
| Chair Jeffrey Loris |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Lance Anderson |
ABSENT |
Kevin Rudd reported that the applicant will present the project, City Engineer Chuck Gillette will make comments from the Sensitive Lands Committee, and as Zoning Administrator Kevin reported that the zoning is Resort Commercial (RC) and the use designation is a resort. This project meets the definition of a resort. Within the resort use it allows for a variety of housing options.
Mark Philip presented the Power Point presentation and noted that the entire team was in attendance to answer questions. Also, Mr. and Mrs. Alan Layton attended the meeting. The presentation included various site photos of the property. The Vicinity Map showed the location in relation to Tuacahn Theater, Tuacahn Drive, BLM land, the Tortoise Preserve and the City's retention area. He reviewed the overall site plan and Presentation Materials that were reviewed and discussed in detail at the last meeting.
Chuck Gillette reported that the Sensitive Lands Committee's reviewed the site on two different sensitive lands that are identified in the ordinance. The ordinance on the hillside in commercial zone deems anything above 12% as being sensitive lands. The impact of the project above 12% is very minor. The ordinance allows 30% disturbance, and they are well below the 30% which is a non issue. The main issue the Committee reviewed was the geological hazards based on a map produced by the State of Utah regarding rock fall. This area clearly falls within it which required the applicant to do their own study. They have done that study and identified the rock fall run out zones. It appears they have competent help on that issue, and the Committee feels comfortable with what they have done in defining the rock fall zones. The Sensitive Land Committee also consulted Bill Lund who works for the Utah Geological Service and is a rock fall expert. Mr. Lund reviewed the studies and was made aware of the intent to use the proprietary fencing. Although he identified avoidance as the safest way to handle rock fall, he stated it can be mitigated with success and indicated that the two companies recommended have good reputations. (Bill Lund's statement is available at Ivins City offices). In terms of avoidance the applicant did avoid most of the rock fall at least on the north side.
Chair Loris opened the Public Hearing.
Lisa Rutherford, although Chair of the Sensitive Lands Committee, spoke as a private citizen on issues that are not specifically sensitive lands. She encouraged the use of a written list of conditions. The applicant inquired as to the difference between mostly indigenous versus all indigenous plants on landscaping. She also stated that the City needs to be clearly protected when it comes to rock fall. She understands they are mitigating rather than avoiding and that's fine but the City should make that Conditional Use Permit clear. In reference to the materials and the nice piece of mesquite wood displayed, they said it might be used which was mentioned a couple of times. Another concern was the traffic and that Tuacahn plans to expand. The concern is will the road be able to handle additional traffic.
Kevin Smith represents Tuacahn Center for the Arts. Sentierra is going to be their neighbors and thus far they have been really good neighbors. They have initiated quite a bit of communication with many on our staff and included Tuacahn in every step to get their feedback. Tuacahn is a ten million dollar organization, and when the school is added, it is thirteen million. We employ a lot of people in Ivins and this being adjacent to us is going to enhance it for Tuacahn and add more jobs to the community. Regarding Tuacahn's expansion plans, which are further down the road, nothing we build or plan would increase the traffic at any one given time. If we build an indoor theater that's open between November and March, we might having people coming to the indoor theater during that time but would never have an indoor show going on at the same time as an outdoor show. The plans are dealing with the winter season. Stan Castleton, Alan Layton and their team have been great to work with on this project. Tuacahn is very supportive.
David Moor is a new resident in Ivins and stated it looks like a valuable project for the City. From an outside perspective the team seems phenomenal.
Chair Loris closed the Public Hearing after no further response.
Commissioner Pack expressed that the project is exciting and it sounds like a very good project. He had no questions about the design or materials but inquired about reviewing the draft of conditions.
Dale Coulam explained that City Staff and the design team have spent a lot of effort working on the draft. The draft that has been presented has been agreed upon with the applicant. The presentation materials have been incorporated by reference. He had a teleconference with their attorney, Alan Layton and Stan Castleton and felt the document accurately reflected what they had discussed.
Commissioner Pack inquired about how locked in is the City on the choice of landscaping and materials.
Dale Coulam stated there is a little discretion. The term is "substantial compliance." This would cover landscaping, materials, colors, all the technical designs and plans that were presented. The "Standard Conditions" are what every development would have to comply within a project. In regards to the Tortoise Preserve the applicant did work in advance on tortoise removal and fencing and obtained a letter from the Red Cliff Desert Reserve. They have to comply with that letter, including any subsquence amendments or addition thereto. The City does not inspect those issues. Conditions specific to the project include phasing and specifics regarding various plans in the Presentation Materials.
Commissioner Murphy asked when they say units and hotel keys does that include the hotel rooms, the spa rooms and the casitas? Is the only things not included is the Villas?
Dale Coulam explained that keys would be anything that is not a Villa. It's optional to put the Villas into the rental pool. The phasing refers to how the commercial is tied to the construction of the Villas. They don't just build the Villas and end up with single family dwellings and hope to have a hotel. It puts thresholds on the number of certificate of occupancy.
Commissioner Murphy stated the language seems to indicate that the Villas can be built prior to construction of Phase 1 but cannot be occupied.
Dale Coulam stated that they could sell lots prior to constructing Phase 1 but cannot have any certificate of occupancies issued. Hotel central includes, restaurant, lobby, meeting space, fitness center, trail gathering, loading dock and support space. Phase 1 is divided into two parts.
Commissioner Pack inquired if it was the hotel minus the spa?
Dale Coulam stated it includes some of the casitas. The spa is in Phase 2. He explained how the occupancy occurs. The trail gathering area will consist of maps, have food and drink, open to the public and hotel guests. The applicant will allow hiking and biking, and the public can use a limited number of parking stalls in the project. In the future there may be discussions with Sentierre, Tuacahn and the City about a trailhead and parking spaces. Their trail gathering would in essence be a trailhead. The applicant is responsible for installing a ten foot (10') wide trail in front of their project. The key for them, for Tuacahn and the City is that the trail goes down to the roundabout which connects the City's trail system and makes it available for Tuacahn students to ride their bikes to school and others. For safety they have agreed to put in a separation barrier at the curve south of the project where distracted drivers have been know to miss the curve. The City is proposing a credit against park impact fees for trail improvements actually paid for improvements south of the project. As they pull building permits they will have a credit until they exhaust the credit for park impact fees.
Chair Loris referred to an existing detention wash on the west side of Tuacahn Drive and asked if there are plans to mitigate the water issue when the trail goes in.
Dale Coulam stated we would have to mitigate tortoise issues as well as the wash but there is a storm drain under Tuacahn Drive in front of the project.
Commissioner Murphy referred to the Villas and asked how trail construction occurs. Is there a timeframe?
Dale Coulam stated they have not pinned down a timeframe. It will take a year to get the construction plans.
Commissioner Murphy commented that as we are waiving fees for the permits for the trails what if the trail never gets built?
Dale Coulam stated that as they spend the money they get credit. If they spend money outside the project, they get a credit on the impact fees.
Chair Loris felt it was a great amenity to put the trail in all the way to Center Street.
Alan Layton reaffirmed that there is no credit if they don't spend money outside their project.
Dale Coulam stated they will be required to over excavate or treat areas with collapsible soils, address rock fall, identifies the studies done, and where there are potential hazards. They cannot build structures in those zones or use mitigation methods that do not have a proven track record. (see specific language in the Conditions document).
Commissioner Pack asked about their requirement to disclose the mitigation measures, etc. What is it that the Utah State Geological Service recommends? Is it the level of disclosures?
Dale Coulam stated it refers to the letter from Bill Lund.
Commissioner Murphy asked about liability.
Dale Coulam stated he would check on that further but these companies stand by their product and Sentierra is going to produce some financially assurance to the City to make sure it is built out. Bill Lund's letter may satisfy the City's insurance company.
Chair Loris inquired about the rock fall fencing being functional for twenty (20) years. Does this mean whether it is used or not or damaged by a rock fall, etc.? Is there a stipulation for a timeframe for it to be returned back to its existing condition?
Dale Coulam stated the conditions say it has to be maintained in the manner the company who installs it requires. The twenty-years refer to the method that's being selected.
Commissioner Murphy interpreted it to say they have tested it, and it has worked for twenty-years.
Chair Loris was concerned about the safety of the area if there was a rock fall and there was another one quickly afterwards, what kind of requirement is there to repair the fencing in a short period of time.
Wayne Rogers with AGEC commented if there is a rock fall event, it doesn't mean that the fence will be damaged. It could be but it depends on the impact. If there is an event, obviously, it would be repaired. It would be similar to having a flood. It would be cleaned up and then an evaluation would be done and then replace any damage. It is designed to take that event several times without having to replace it. It's not a onetime use it or lose it fencing. There is a possibility of some stretching of gable or poles that would need repair. It's designed to be use repeatedly used. The poles and the gable and the fencing are flexible.
Dale Coulam suggested additional language, "and timely repair of any damage to the rock fall mitigation facility."
Chuck Gillette is comfortable with the Storm Drainage Plan. They have to maintain and clean out the sediment. The two primary accesses will be thirty feet (30') wide and beyond that the access is twenty-four feet (24') wide and twenty-six feet (26') where there are fire hydrants.
Dale Coulam stated there will be a left turn lane off Tuacahn Drive and no parking on the sides or shoulders of any of the accesses in the project. No access can be graded within a 10% slope and they will provide a final grading plan at that stage. They will tie into the utilities except for the gas. They will pay for a natural gas line to the project and to the northern boundary where Tuacahn can tie into it. All the commercial sections will be fully sprinkled and the private Villas will be sprinkled if required by the Fire Code. Landscaping follows the Landscaping Plan and plant list contained in the presentation and the materials.
Kent Byland responded to Lisa Rutherford's comment regarding indigenous plants. Indigenous is a vague word. When he used that term on the plant list, it refers to the Mojave Desert. The site has very little sand sage but over the hill in Kayenta it is the predominant plant. This area has been heavily grazed and it is not at its true natural state. There are other plants in the Mojave Desert that they want to use as well as the sonoran plants.
Dale Coulam stated that they have to comply with the Lighting Ordinance but it's not an area that has to comply with bollard lighting on the trails. There would be a couple of street lights required at access points.
Commissioner Murphy noted that Commission Anderson would be glad to see the tinted glass and frosted glass since he previously made mention to it because there is a lot of windows on these buildings. It's good that they recognize that concern.
Dale Coulam stated that there is a section that protects the City and Tuacahn. The City is asking for some kind of financial assurance that something is in place and some satisfaction to the City Council that the project will go forward (see Conditions document for additional information).
Commissioner Pack asked how often the City can ask for this information.
Dale Coulam stated that it is required for each phase of development. It is important to the City and Tuacahn that we have some financial assurances that this project will be constructed.
Commissioner Pack referred back to the Phase 1 section and asked if we are intending that the restaurant and lobby is part of the hotel central? It could be interpreted to say "part of that total" so that the restaurant is actually part of the hotel central area.
Dale Coulam interpreted it to mean that part of the hotel central area includes at a minimum of these items.
Commissioner Pack asked if the spa is part of the hotel central. He suggested saying, "the hotel central area except for the spa." Would that be clearer?
Stan Castleton stated it would be accurate because the spa is in a separate building. We cannot do this unless we have a hotel to operate.
Commissioner Murphy suggested the following change: "the part of the hotel central area that includes....."
Stan Castleton addressed the question about mesquite wood in that the reason they stated "might" is that mesquite is very difficult to get. It's really a supply issue and we are talking about a lot of it.
Commissioner Pack referred to Phase 1 and 2: a (iii) and b (iii) where it says, "A pro rata portion of parking stalls." Is that a pro rata of the total number of stalls?
Dale Coulam stated it would be the total number of parking stalls. A change was made in this section.
Commissioner Pack asked how broad the noticing was.
Kevin Rudd explained the state has a 300 foot rule. We also publish notices and put on them on the website.
Commissioner Murphy mentioned that they usually have elevations and heights to review.
Dale Coulam stated that there are no height issues. They did provide elevations but not a lot of detail as far as measurements.
Kevin Rudd stated they furnished the elevations and the heights, and they are all under thirty-five feet (35') and most of the buildings are twenty-five feet (25').
Commissioner Pack asked about an estimate on revenue for the City.
Dale Coulam advised that has not been determined.
MOTION: Commissioner Bryan Pack moved to recommend approval of a Proposed Class V Conditional Use Permit for a Resort Hotel located approximately 1000 Tuacahn Drive. Parkway Partners, LC, owner, and Stanley R. Castleton, agent subject to the draft as amended list of conditions.
SECOND: Commissioner Adel Murphy
VOTE: The motion carried unanimously.
| Chair Jeffrey Loris |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Lance Anderson |
ABSENT |
Kevin Rudd reported this is an amendment to the Subdivision Ordinance where it refers to cul-de-sacs and deadends. The ordinance recognized circumstances that prevent making a connection road. When there are not unique geographical features but there are boundaries surrounded by properties that are difficult or impossible to get a road through such as State, Federal, and Indian Reservation or owned by the BLM, it recognizes these exceptions for a connecting road. The fire code does take into consideration on deadend roads the requirement for sprinklers when there are structures. This amendment does not cause any safety hazard.
Chair Loris opened the Public Hearing and with no comments closed the Public Hearing.
MOTION: Commissioner Adel Murphy moved to recommend approval on Proposed amendment to the Subdivision Ordinance Section 15.05.402 (3) clarifying when a connecting road is required. Ivins City, applicant
SECOND: Commissioner Mike Scott
VOTE: The motion carried unanimously.
| Chair Jeffrey Loris |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Lance Anderson |
ABSENT |
Kevin Rudd reported that the Commission worked on the amendments a year ago but when we took it to the City Council Robert Ence's application was on hold for the townhomes. The Council approved the Multi Family section first, and then they worked on Chapter 19. After approval the Mayor realized that both these chapters should mirror each other.
Dale Coulam explained that they started with the roofing requirements. That's where the Mayor wanted some similarities. The prior paragraphs are a little different between Multi Family and Commercial. The argument is that a building is a building. If it is multi family, should it be required to conform to the same standards as a commercial building? Initially, Kevin Rudd did not agree with some of the paragraphs but we have put them all in to get the Commission's recommendation. We included Chapter 18 as it currently exists under Section 1. Section 2 is proposed adding all the sections from Chapter 19. It's not a rush to complete these amendments. The Commissioners may want to take some time to study the amendments.
Chair Loris stated it took us months to revise these chapters, and we probably don't want to rush.
Chair Loris opened the Public Hearing and with no response closed the Public Hearing.
|
H. |
Consider recommendation on Proposed amendments to Chapters 18 (Multi-Family Design Guidelines) and 19 (Site Plan and Building Design Requirements) of the Ivins City Zoning Ordinance (Title 16). Ivins City, applicant |
MOTION: Commissioner Adel Murphy moved to table Item 4-H on the Proposed amendments to Chapters 18 (Multi-Family Design Guidelines) and 19 (Site Plan and Building Design Requirements) of the Ivins City Zoning Ordinance (Title 16), Ivins City, applicant to another meeting.
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
| Chair Jeffrey Loris |
AYE |
| Commissioner Adel Murphy |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Mike Scott |
AYE |
| Commissioner Lance Anderson |
ABSENT |