Kevin Rudd reported this is a proposed change to the Land Use Plan Map. Ivins' General Plan references a number of different maps. The Land Use Plan is one of the maps. The General Plan is a vision of Ivins City. The Land Use Plan designates the general use for the areas. There are three (3) categories for residential: High Density, Medium Density and Low Density. There are a number of commercial uses. The proposed change is from Low Density Residential to Resort Commercial. The Land Use Plan Map shows bubbles within an area, but it does not follow property lines and shows general uses. Zoning is more specific and follows property lines. If this change is made to the Land Use Plan Map, the next step in the process is a Zone Change. There is only one commercial zone available for this area and that is Resort Commercial. Within that zone there are a number of conditional permitted uses. Before the property could be developed the applicant would have to apply for a Conditional Use Permit and public hearings will be held. This proposed amendment is not about specific uses but amending the Land Use Plan from Low Density Residential to Resort Commercial. Staff does not make recommendations for Land Use.
The maps were displayed of the area (copy available at Ivins City offices). This parcel was a part of the Utah State SITLA property, and Mr. Marten purchased it. He pointed out several properties that are already zoned Resort Commercial. The applicant is asking that the bubble be extended to include these two properties so that it is consistent.
Dale Coulam explained that since Commissioner Anderson has recused himself and two Commission members are absent, on Item 4A the Chair can open the public hearing for comments but Item 4B has to be tabled to another meeting because there is not a quorum to discuss and vote on the issue. For the rest of the agenda items there is a quorum but the vote has to be unanimous. For a Land Use Plan amendment the Commission has discretion to consider all the relevant facts and evidence and weigh the applicant's request against evidence presented in the Public Hearing, pros and cons, and the Commissioners' own thoughts and vision, using the General Plan as a guide. The Commission will make a recommendation to the City Council and the City Council will go through a similar process, holding a Public Hearing and then will decide what the use is most appropriate. The Commission can approve the application as requested, approve with modifications or deny the application.
Kevin Rudd displayed the Land Use Map that showed the current bubble of commercial and indicated the portion within that bubble that was being proposed for an amendment.
Chair Loris commented that there is a crossover between what is zoned Resort Commercial and what is land used as Low Density Residential.
Kevin Rudd stated, "Yes."
Chair Loris opened the Public Hearing.
R. T. Marten, owner of the property, stated that if the Commission determined it would be a positive thing for the community to reduce the property on the north side, then he would be agreeable to that; however, he did wish to proceed with the application that was filed. He has already spoken with many in the community and explained the concept. The SITLA state property that was acquired was the portion of property that they had under lease and being accessed by Coyote Gulch Court. Coyote Gulch Court has been a loop that runs from Kwavasa Drive to Kayenta Parkway. That loop goes pass five (5) residential homes. When designing the state property, we were looking at an opportunity to redesign a road. He pointed out how he wanted the traffic to go. It did not make sense to have our accesses share both the village access and residential access. The pre cursor to buying this property was not to control the access but to create a space for the Center of the Arts. In the design process for the Center of the Arts we have continued to make it bigger. It started out as a small project but now it is 10,000 square feet and in that process we were running out of space. As they designed the Arts Center, members of the community wondered if there was another way to access the Arts Center because they did not want all the traffic coming down the residential street. By purchasing these properties they were able to build a parking lot and create a new access that runs from Kayenta Parkway to the other portion of Coyote Gulch so that the loop in the Art Village would be contained and not encroach on residential properties. They want to complete that process by closing off Coyote Gulch Circle. That road will become a residential access road and an emergency access, a trail and be gated. We will be able to keep all of the traffic within the Art Village and create additional 50-60 parking spaces. The best solution for the remainder of the SITLA property or at least a portion would be a site for some type of hospitality units called Casita Village which may consist of 40 luxury suites. This would be based on the reduced site. If the entire acres were approved, they would probably expand it with some casitas.
John Hawkins is a homeowner in the Kayenta subdivision and he is opposed to changing the Land Use Plan from Low Density to Commercial. He and others strongly urged the Commission to vote "No" on the change and retain the current designation of Low Density Residential for the 7.67 acres. He presented a PowerPoint presentation and in summary noted the following concerns:
1. The proposal not only changes the nature of the existing community but changes the nature of the environment and the infrastructure. Homes are all around the parcel.
2. Maintain expectations: Properties and homes were built with the understanding that it would remain Low Density consistent with the zoning maps and styles promoted by the Kayenta Development area. Resort commercial would violate the expectations of the Kayenta area and impact the neighborhood.
3. Promotion Materials: Kayenta states tranquil, unique and preservation of the natural desert landscape and keeping the Kayenta Concept. This proposal is inconsistent with the promotional material. It is inconsistent with low impact Kayenta homowners' associations and inconsistent with the Land Use Plan and zoning.
4. Not Consistent: Resort Commercial opens the area to many uses and authorizes buildings up to 35' feet high. Developers could put in three-story buildings and offers a wide variety of enterprises.
5. Wide Area Impact: Transient population would impact the community with lighting, sound, traffic, buildings, viewscapes to the west, north and in Taviawk. It requires permanent lighting that's not consistent with the low light expectation of homeowners' association. The buildings would be very close to existing homes. Resort and commercial customers are not invested in the area and may not be inclined to abide by low impact restrictions concerning noise and lighting. Concerned about viewscapes for people living above the area such as Taviawk will view this area.
6. Rezoning: impacts waterscape and run-off: This is not consistent with the water issues that already exist. There will be parking, additional lighting, walkways, roofing, and patio drainage around the units. It would disturb the natural and necessary storm drainage provided by the current natural wash system. The development has a significant wash that will be impacted and might interfere with drainage storm patterns. The recent storm September 8, 2014 caused major damage to at least one home, flooded portions of the Art Village, compromised roads and exposed gas and irrigation pipes.
7. Tax base aspects: Current Ivins tax base is dependent on property owners trusting that land property will retain its value because it is protected by zoning.
8. If granted, the developers acquire the latitude to engage in a wide variety of businesses and build structures. The architectural and homeowners' association would not oversee them. It creates risks. A developer's vision today is not a guarantee of what will be built. The vision has changed from last Thursday's homeowners' association meeting.
Low Density should stay true to the Kayenta Concept and maintaining it is our only protection.
James Shumate is a retired district judge and lives at 627 Kwavasa Drive. He's concerned from a citywide potential because the area is subject to flooding. Two years ago he had water in his basement and had property damage. First responders helped him keep water out of his basement. If we put people in 40 units, the first responders have to face the problem and that may not be a reasonable thing to do. He was concerned about a high stream flow rescue operation. There is a wash on the northeast corner of his lot and it has filled up for the third time within nine years. This is a concern. He appreciates Terry Marten's vision but his vision could be lost if he dies or has financial reversal. Someone could take over that's driven by profit and it could create a problem. It looks like spot zoning which is not a good idea. The worse scenario is that Terry is gone, the property is developed, and 40 Casitas get hit with a flood. Who's going to clean it up? It would have to be cleaned up by the City. These Commissioners represent the entire City and the people in Padre Canyon don't want their taxes to go up because of a mess in the middle of a wash.
Ronald Smith just built a home off Kwavasa and Pachua. He stated that approximately 90% want to keep it residential. He respects the vision of Terry and Matt Marten which is beautiful and that attracted them to Kayenta. The 30-40 casitas will match the setback, the architecture and the heights consistent with Kayenta but in the future the impact could go far beyond. Residents that live on Kayenta Parkway will be impacted by more traffic. Some of the night sky will be taken away because safety is going to require permanent lighting even if it is shielded. It's not consistent with the philosophy of Kayenta's vision. If this property is left as Low Density, the legacy that Terry Marten will leave is one of preserving the environment, creating a unique community that bonded people together and preserving the beauty of nature. If this is changed, it will be a legacy of betrayal and distrust.
Michael Kahn lives closest to the proposed property. He moved there three weeks ago, and that's when he found out, to his dismay, that this plan was in place. They moved here because of the concept they read on the web. If it is modified, then it will have to be controlled by unnatural means such as aqua ducts which destroys the area. It's a major impact and not wise to change it from Low Density. He's concerned about the night sky, property values and someone else taking over the property for profit. It's opening a can of worms. The Arts Center is an asset to the City but it doesn't need the housing that is proposed. There are other areas to develop. It will impact the evening hours by people who come to a resort area. We want to preserve that night sky.
David Kiel has lived on Kotori Court for ten years. He was concerned about the proximity of the commercial area when he moved there because the commercial areas are not subject to the CC&R's and the CC&R's is the reason we live here. There was a buffer between them which is Low Density Residential. The concerns are lighting, traffic, noise and drainage. He opposes the amendment.
Gary Roberts often stated that he would never live where there are CC&R's because he didn't want to be told what to do. When we decided to build, he understood the CC&R's that made this area beautiful. He lives 3/4 miles from Coyote Gulch, and he can hear the music and he does not mind it at night. Terry forgot to mention that this has to be profitable. To be profitable it will take a lot of bookings, etc. It will be a very busy area. Terry's vision was beautiful and he wished it was throughout our country. They enjoy the wildlife, quietness, the howlers and snakes. The City gets revenue from commercial but search your heart and ask yourself would you want this in your neighborhood.
Steven Grove lives on Two Moon Circle. It appears that this proposal should be withdrawn and resubmitted because Terry is talking about cutting the acreage down significantly. If this were approved, would there be a residential cul-de-sac that would come in above and how would it be accessed? He did not like it being discussed without knowing what is being proposed. There should be a concept plan or a development agreement that would be negotiated. He did not agree with the process of going a step at a time. If the Commission cannot approve it or deny it, it's good to have the discussion. He proposed that there be a revised presentation by the developer showing the 40 units, what the buffer would be and what would happen to the additional land whether it will have a cul-de-sac and low density residential. Other Commissioners need to hear the discussion.
Matt Marten stated we are trying to keep the residential traffic from the commercial traffic. If we don't have some type of modification, we will have the commercial traffic going up into the residential neighborhood. Nobody wants that to happen. That's the concern. The Coyote Art Village has always been in process for the last 24 years and Terry has been working on it 35 years. There has been conversation for many years, and it will be viable to the community. We are willing to consider reducing the scope and want to work with the community. We envision the Art Village to be a beautiful, charming residential scaled village. There will be some lighting for safety but low level. It will have a residential feel, not a high rise feel. 40 units are needed to make it viable. We don't want to start with 10-20 units they want to do the 40 units as a four-star resort area. It helps the businesses and the people who work in the Village. Most of the people that come to the Crescent Inn look like the Kayenta community and believe in all the same things such as the night sky, low density, and the desert colors. With regards to the wash and flooding some of the information was true and some was not correct as presented. We are working on solutions for flooding. Why would we invest money into an area that would get flooded? If we get this approved, we will go forward with design plans.
Terry Marten explained that the Art Village started in 1992 and it scared everybody and nobody wanted it so we gave up on it and built RV storage instead and a shop. It was used that way for a long time. Then came Pettigrew and he wanted to build a coffee shop, have books and plants. We had a joint venture and built Xetava Cafe. That was the beginning of the Art Village. He took the money from his home and made it successful. Since he did that I thought I could at least build a couple of galleries and pottery shop. After 11 years we have the Art Village. It was done without any fancy plans, etc. It was done one brick at a time. He's proud of the community for getting together to build the Center of the Arts and supporting art. Whittaker sends their art all over the country. Also, the Cabernet was performed and it inspired me to do the Center of the Arts. He's wants to make the Art Village complete and he needs lodging for visiting artist, patrons and for people who want to enjoy what we have to offer. He doesn't want them to have to come from Saint George to visit the community. The purpose is not to make money, contaminate the night sky, or making noise. It's to support the people of Kayenta.
Greg Federman explained that no one wants change and when we first turned Xetava from a gift shop and coffee bar to a restaurant some people did not like it and some people loved it. It's turned into a gathering place/watering hole. At what point does the community want everything to stop. There were days when we did not have put three people throughout the day at Xetava. Today we have 300 people a day come to Xetava. Do you not want Xetava there, or anyone else to enjoy the area? Everyone is supporting the Art Center and whether or not the Casitas are built the traffic will still come because people want to see this area. Everything is built with a certain amount of profit in mind. To ignore that is silly but to ignore that change is inevitable it's also silly. Terry Marten put a lot of requirements on him when building Xetava and he would not budge. It did turn out beautiful. Change will come one way or another. Commercial does not have the same CC&R's but we still abide by them. Some I like and some I don't like but Terry Marten has a vision. If you want to grow and let others enjoy it, they need to give a little.
Slava Lubomudrov lives in Kayenta and commented on the September 8th water issue and found it was impossible to get home because the streets were flooded. He encountered two brave Ivins/Santa police officers directing the way to go. The first responders were standing in water up to their knees and hit by sand, gravel and rocks. That was a wonderful act of cooperation between the police and a resident of Kayenta. Although there has been criticism today, we just want to do what is right in Kayenta so we can work with the Commission and count on you to help us. So if we do have this unbelievable rain storm that some day may hit these units, we want to count on the City for help and want them to be able to provide it. We will help with other problems in the City. We are all part of a larger community. We are not necessarily working against each other but working together to do wonderful things.
Mary Beth Beck stated that there needs to be an element of trust. In a meeting prior to this meeting, Terry and Matt had a detailed plan of their vision for the property. If everyone could see the vision which is single story casitas that would probably accommodate two people and would not have cooking facilities. There would be places like us to come and stay and enjoy the new Art Center. The traffic plan avoids driving down a residential street going past five existing homes to get to the Arts Center. It's a thoughtful plan that would benefit everyone. He has spent 30 plus years designing a community and fighting for what he loves. No one wants to see the night sky go and trucks passing our homes. The plans would alleviate some of the problem. Keep an open mind, trust the vision and engage in conversations. Terry is not going to wash it down the drain.
Chuck Warn moved to Kayenta six months ago and in a couple weeks they will start construction on a house. They moved there because of the incredible community of people from all over the country who have vision, experience, knowledge and talent. We talk about Terry's vision but there is a whole community with vision. This afternoon Terry articulated some things that are right on target in terms of sustainability, growth, and meeting the needs of the community. On the other hand, there have been comments about noise, lighting and the night sky, and if I were next to the Art Village I would say they are right. There are issues that have to be heard. There has not been enough conversation to work through the solution. There has to be some middle ground to make it work.
Sharon Aspenberg was surprised they were talking about casitas north of the Village because the commercial resort land use was approved south of the Village for the casitas.
Kathy Bath has lived in the Kayenta Patio Home sites for 19 years and also bought a lot in Shonto. She's a Gulch business owner, Board HOA member, and chair adhoc of the ACC, and is familiar with how Kayenta has evolved through the years. Her home is a quarter mile from the Village and she has a direct view of the corridor of the area being proposed. Until this afternoon she had a number of reservations. She has attended other zone change meetings and heard both the Commission and Council and how they responded to her concerns. After viewing the initial configuration and the updated one there were several things that she was happy to see. It looks like he's pulling off the table as far as expanding the casita area and providing another buffer zone for the residential lots. It has been a big contention for those on Coyote Gulch Circle with the semi trucks coming out of Whittaker's, the Sysco trucks, and food trucks etc. She thanked Terry for looking at a way to reduce the commercial traffic. She doesn't necessarily oppose the change because it's not yet on the table. During previous discussion, she's heard property owners have rights to develop their land how they want it when it's within the land use. Well, homeowners have rights also. The only way this can work with the community is if the conditional uses are taken under consideration before the final approval is given such as dealing with lighting, traffic, buildings being one story, blending with the existing CC&R's and types of conditions with the HOA.
Bill Thompson lives close to the area. Last year they attended a meeting concerning the theater and the fire station. My wife and I were opposed to that change but now that it is near completion he gives Terry credit for the vision and initiative. But as the previous lady said, the homeowners have rights to. The building that's near completion does not look that bad and not too imposing although there is traffic. We may not have purchased the property knowing all the commercial buildings were going to take place. Terry and Matt will do their best in designing and making it fit the community but he and his wife are opposed to it. It's a lot of commercial and it is growing and growing. We've heard from those that have businesses but they have a vested interest.
Ken Bowers has lived on Kwavasa Drive for seven years. He loves the area. Terry has always treated him with the upmost respect, concern and guidance. Matt helped him design his home. He's proud of this development. Paradise Canyon doesn't compare to Kayenta. He tells people about Kayenta every day. He's an artist and landscape architect and loves the concept of the commercial village and with the performing Arts Center it's natural for people to come, perform and stay overnight and enjoy the atmosphere. At first he did not want it in his backyard but he answered every question in the meeting today. The plan has been revised by a third, there will be low density housing, maintaining what is there, has its own entrance and cul-de-sac. It's been thought through very well don't throw it away. Thank him.
Sue Skudlarlzyk commented she was horrified when she received this in the mail and did not buy in Kayenta for this. She has changed her view but still a little conflicted. Her home is one that will be affected. She loves the night sky and the quietness but having a central area that is a commercial location to meet for coffee, etc. is nice. The units could provide for her whole family to visit at one time. She travels to Salt Lake to work and has lived in many cities and feels at home when she comes back to Kayenta. She believes Terry and Matt will do what they do in a very high end, well done, and one level project. In order to do this it has to be changed to Resort Commercial. The only concern is the CC&R's and that there is no HOA over the commercial but she believes they will design it in a similar way; otherwise it defeats the purpose of the community. If they do a bad job, nobody is going to buy. What they are doing is not a bad thing. We all supported the Arts Center. We do share our casitas for the artists that come to Kayenta but it would be cool to offer housing to the artists in these casitas as well as paying it forward.
Dean Aspenberg located 1373 Pachua Court. A number of residents have stated that if the casitas had been here they would not have purchased the property. It affects him selling his house and people will not want to buy because of this development. This is transient lodging and high density that is being put in the middle of Low Density housing. There are plenty of other places it could go but for some reason they want to shoehorn it in there. He just doesn't understand that.
Steven Grove believed there should be another presentation and everyone should have an opportunity to review it. There should be an investment by the developer. They need to disclose what they are proposing. We can go into elemental stages but there is no reason why it cannot be proposed at the beginning. The community would feel more comfortable. Let's see what the specifics are. It may still be rejected, and it may be done so well that it would be approved. They can invest a couple of thousand dollars to get a plan, and they can come up with some restrictive covenants for a commercial area.
Lance Anderson clarified that the application has been submitted and that gives the right to the Commission to put the bubble where they want it, and based on the conversation Terry is willing to change the bubble. Terry works on these things at night and weekends because he worries about the community. We don't want to take away the application, but if the Commission feels that is necessary, they can change the bubble. The Commission only has the right to deal with the Land Use tonight. Sometimes we would like to submit a concept plan so everybody would know what we are doing but our ordinance does not allow it. It goes through the General Plan Amendment, then there is another application submitted with two more hearings and when we build the building it goes through a Conditional Use with two meetings. For us it would be easy to submit the concept now. When reviewing the old plans, we had people driving through the lower houses to get to the upper houses. Some people purchased property by the Coyote Gulch because they wanted to be by the Village. There will be someone to buy those houses. Others bought property when we had the big trucks and the shop. To say you don't want change you will be going backwards. We have improved Kayenta. Give Terry some credit. Mr. Hawkins got his house built on the property line which would not happen today. Terry has already considered his situation and wants to give him a barrier. I have spent six hours with the City walking the washes because we are concerned about your houses and looking at ideas to improve the area for drainage.
Tim Terrell is a resident in Kayenta and when he received the notice he too was concerned. He's not against it but has concerns about the impact. If he lived in the immediate area, he would have more concerns but he thinks they don't have enough information. Since he's been a full time resident in the Taviawk area for a year and half, there has been quite a bit of change. We should not be afraid of change because as we sit today it is evolving but it is still the same community and a beautiful place to live. It's not just beautiful because of the landscape and the night sky but because of the community and people. The Arts Center will be a tremendous benefit for Ivins as well as Kayenta, and he understands the need for a facility like this one in conjunction with the Arts Center. The plan may not be complete enough to say let's go forward. He does trust Terry and Matt to work with the community and find a solution. It's going to evolve and we cannot expect it to stay the same.
Terry Marten stated he is not going to do anything that the community doesn't want. If I cannot build my development concept, I'm not going to build the community. He needs resort commercial in this area to get the traffic looped around and parking for the Arts Center. The idea and the fear is that they will continue to drive down past the five homes. The primary reason for this application is to solve the traffic problems on a residential street based on the five lots. This area will become a park or something. It doesn't become residential any longer because it will be accessed primarily by commercial traffic. The other option is to take the road through and up to Tuweap and Sutava then residential can be created. We will make more money but we won't solve the traffic problem and will deal with it for the next 20 to 30 years. His goal is to use 3.4 acres in some commercial way or as a park. If the design is not perfect, we will not do it. He prefers a process where he brings in a full plan in with the application, but that's not the City's mandate. The City's mandate is to determine the use for the property without any guarantees to what will be built. He pledges that he will not do anything that is offensive to the community. He challenged those that felt they would not have purchased in Kayenta to find another community that is as sensitive to their needs as Kayenta is. He wants to find a solution and does not want to pull the application.
Mary Beth Beck asked that Terry set up another meeting so everyone can see the revised plan with the buffer zone, with the reduced footprint and the casitas. If nothing is done, there will still have to be changes because the Art Center will bring more traffic. We can create a plan or have a nightmare that will have to be fixed later. Everyone needs to be part of the solution. The developer is willing to work with us and listen.
John Hawkins commented that the basic issue is the General Plan. The Low Density Residential offers protection and a covenant that we have understood. To change the covenant without knowing what it will be makes little sense. Let's get specific plans or at least the outdoor concept. There also needs some assurance of the business plan. Businesses can go bust and what are the consequences. We need careful description before we give up the protection of zoning.
James Shumate stated they started the meeting with a public discussion and that's what we have been having. Lance Anderson has recused himself from the meeting and no action can be taken for the change of the Land Use Plan. That's tabled. Everyone has seen some type of plan. We have time to talk again with the community and the developer again. Let's sit down, draw lines and look at designs. Terry and Matt cannot come in with a design at this stage but it doesn't mean there cannot be a community meeting together. It's best done by us as a community.
Chair Loris closed the Public Hearing and the meeting went into recess.