All present included
Council Member Mehr,
Council Member McDonald,
Council Member Johnson,
Council Member Elliott,
Council Member Densley,
and
City Recorder Kari D. Jimenez.
STAFF:
City Manager Dale Coulam,
Director of Finance Wally Ritchie,
Building and Zoning Administrator Mike Rodriguez,
Parks and Recreation Director Benny Sorensen,
and
Director of Public Safety Bob Flowers.
EXCUSED: None.
Audience: Mark Howard, Cheri Jameson, Magge Lameka, Stacy Young, Cliff & Leann Gustin, Dee Husebye, Claudette Larsen, Molly & Jerry Cote, Bernie B., Bob Greely, Gary Thomas, Katie McDonald, Glenn Crespin, Lloyd Warner, Verla Hammon, Lisa Rutherford, Rick & Debra Ward, Mike & Karen Martinez, Jon Ence, Riley Richardson, Lance Anderson, Brandon Anderson, Nancy Bojard and others that did not sign in.
Mayor Hart acknowledged there was a quorum present
Council Member McDonald led the Flag Salute
Council Member McDonald gave the Invocation
Council Member McDonald referred to agenda items 4)A and 4)B and disclosed that that property is within his ecclesiastical boundary but indicated there was no conflict. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
Application
Plan
Staff Report
Mike Rodriguez reported that this Concept Plan is for 12 casita units and two (2) separate two-story buildings with six (6) guest rooms on a 5.28 acre lot. Dale Coulam added that on the northern end of the property, there was an area that was going to be an amphitheater but that is now proposed to be a future spa addition. The proposed housing was allowed previously, although the format is a little different now but the uses are still the same and are consistent with their other uses.
Parks and Rec Report
Public Safety Report
Benny Sorensen submitted a written report, a copy of which is available by request through Ivins City Hall. He reported that they combined the Easter Egg Hunt and the Hog and Jog which was held on March 31st at UNITY Park. There were over 900 runners and more than 1500 people at the Easter Egg Hunt. One woman thanked him for the organized chaos but it appeared that the participants had a lot of fun. They are planning a similar event for Halloween and will be working with Rocky Vista University on that. Mayor Hart indicated that Chef Hog would like to help with the Hog and Jog next year. Benny Sorensen stated that the delivery date for the restroom at Desert Rose Park is April 13, 2018. He reported that the irrigation systems are back up and operating and they're continuing to work on the cemetery and Fire Lake Park. Council Member Densley inquired as to the status of obtaining bids for the entrance sign on Highway 91. Benny Sorensen indicated that no one responded to the Request for Proposals. Council Member Elliott stated that she attended the Easter Egg Hunt and thanked Benny for the great experience.
Fire Chief Dan Nelson reported that they have been busy and that the Wildland crew will start on Thursday, April 12th. They have a good dedicated crew. They held an evacuation drill at the Veterans Home and that went really well. They had a good turnout for Family Night at the Fire Station in Ivins where they welcomed the new Fire engine.
Chief Flowers reported that the last two (2) weeks they have been going to schools and talking to the teachers about SCI's training and response if a school shooting or something similar were to occur. There are several teachers who are interested in firearms and other trainings. They have had a lot of complaints about speeding on Kayenta Parkway and they have issued a lot of citations. There is a definite speeding problem on Kayenta Parkway so they are going to make that a priority for a while. He reported that they have three (3) new employees, Officer Michael Pondoyo, Officer Jessica Russell and Animal Shelter Manager Bailee Sleppy.
Chairperson Loris reported that the Planning Commission heard the presentation on Concept Plan for The Village Movara and approved several Final Plats.
Mike Rodriguez indicated that the applicant has requested a Land Use Amendment from School to MDR (Medium Density Residential) as well as a Zone Change from RA-1 (Residential minimum lot size 1 acre) to R-1-10 with lot averaging (Residential average lot size 10,000 sq ft). After the Public Hearing before the Planning Commission, they recommended that the Land Use be changed from School to MDR and to change the proposed Zoning District from RA-1 to RE-12.5 with lot averaging (Residential average lot size 12,500 sq ft) rather than R-1-10. Mayor Hart opened the Public Hearing. Stacy Young with Development Solutions Group stated that they're a local developer and have been here for a long time. They developed Desert Rose, Cliffrose and the Silversage subdivisions. They partner with the end builder and Ence Homes has been looking for another development to build in Ivins. In in his view, there are some fantastic high end developments in Ivins but not a whole lot of moderately priced developments. The school district didn't feel that the demographics warranted another elementary school on this property so they exchanged for some property in Little Valley. They wouldn't be developing spec homes but would be developing what fits with Ence Homes and they would prefer smaller than R-1-10 but after speaking with Staff, were discouraged from requesting smaller than R-1-10. The subdivision would be similar to the Canterra and Red Stone subdivisions. Cliff Gustin lives in the Tenaya Estates subdivision and four different subdivisions got together and held their own meeting regarding their concerns about applicant's request for smaller lot sizes. The property consists of 17.5 acres and represents a sizable footprint. He requested that the City Council look at this in accordance with the General Plan and weigh the growth vs their community values and to preserve the landscape and environment. He reviewed the Master and Land Use Plans and saw that west of 200 East, the plans are for 12,500 sq ft lots. He acknowledged that there were two (2) subdivisions that were approved for smaller lots but those were site restricted and he didn't see that this parcel is site restricted. He requested that the City zone this to Low Density Residential to achieve goals in the plan. The surrounding vistas are Low Density Residential with larger lot sizes and fewer homes. That also reduces the source of night light and protects the small town uniqueness and rural lifestyle. He was also concerned with property depreciation by developing smaller lots adjacent to larger lots. Mark Howard resides in SunCrest and felt that young families should have the opportunity to buy a house in this beautiful City. He felt that Ence Homes builds a good product and stated that there are a lot of young families and this development may be an opportunity to mix larger homes on larger lots with smaller homes on smaller lots. He requested that the City Council think about the young people. Greg Hammond resides in Ivins and commented that what Mark Howard said was wise and brought up a different perspective. Having homes that are more affordable is important. Growth is going to continue to occur and homes are going to be built. The Canterra and Desert Rose subdivisions were built by Ence Homes and are really nice developments. He didn't see a downside to this development and felt that it was a really good fit. Magge Lameka resides in Tenaya Estates and her home is one of the eight (8) houses that would be directly affected by this development. Her biggest concern was that if the lots are smaller, three (3) homes could be built behind her and depending on the elevation, she would have three (3) homes looking into her yard which would affect the value of her home and her privacy. She requested that the City Council at least honor the Planning Commission's recommendation of 12,500 or larger lots along Tenaya Estates. Molly Cote commented that she attended the Public Hearing at the Planning Commission where they recommended RE-12.5 and inquired why they were discussing R-1-10 again. Mayor Hart clarified that is what the applicant has requested. Molly Cote inquired if Ence might build 2 story homes. Troy Ence stated "yes" and commented that the last subdivision that they built in Ivins, they agreed to not build 2-story homes but build over 50 2 story homes a year in Washington County. The Quail Cove and Red Stone subdivisions are in this area and are all R-1-10 lots. If the lots are larger, larger homes will be built and likely 2-stories. In St. George and Washington, 10,000 sq ft lots are considered to be large lots and they develop a lot of 8,000 sq ft lots but it's difficult in Ivins to develop a lot that's not huge. This area is zoned Medium Density Residential which has an option of 7,000 sq ft lots, 10,000 sq ft lots and 12,500 sq ft lots and they have requested the 10,000 sq ft lots. Glenn Crespin resides in Tenaya Estates and commented that when he moved to Ivins, it was a retirement community and the majority of older residents moved to Ivins because of the quality of life and the homes. He urged the City Council to look at what kind of people came to Ivins. He moved from a City in Colorado that allowed lower income housing and associated with that was crime. Kevin Lameka resides in Tenaya Estates and commented that if the school district sold this property and didn't see a need for more schools in Ivins because families with kids aren't coming into this area, he didn't understand the arguments for more affordable housing. He also didn't agree with Ence Homes telling the residents that if they didn't agree with their request, the resident would lose because they'd build 2-story homes on the larger lots. Tracy Ence clarified that the price of the homes in this development are between $375,000 and $450,000. There being no other comments, Mayor Hart closed the Public Hearing. Dale Coulam referred to the Tenaya Sands subdivision on the zoning map and clarified that "SEO" stands for Subdivision Enhancement Overlay and there are 8,500 sq ft lots in that subdivision. The Tuscan Grove subdivision was also a Subdivision Enhancement Overlay development.
Ordinance
Planning Commission Minutes
Planning Commission Minutes
Citizen Letter
Citizen Letter
Application
Map
Staff Report
Dale Coulam stated that zoning is a legislative decision so it's up to the City Council to use their best judgment to do what is best for the City. They can follow the Planning Commission's recommendation, they can approve the applicant's request, they can designate a different zone, or they can require a buffer zone on part of the property. Mayor Hart inquired if the larger lots were located as suggested as a buffer along Tenaya, would the developer and contractor entertain one story homes? The developer stated "yes". Council Member Densley commented that if they're focusing on seniors, 2-story homes aren't feasible for that group. He agreed with the Planning Commission's recommendation. Council Member Elliott would like to see a mix of lot sizes with the larger lots along Tenaya. Council Member McDonald agreed with the Planning Commission's recommendation. Council Member Mehr supported the Planning Commission's recommendation and commented that he wouldn't support something smaller. Council Member Johnson appreciated the comments and indicated that no matter which choice they make, someone will be upset. She was originally more in favor of a mix as suggested by Council Member Elliott but supported the Planning Commission's recommendation.
MOTION: Council Member McDonald moved to approve Ordinance No. 2018-07, an Ordinance of Ivins City, Utah, regarding a Land Use Amendment from School to MDR (Medium Density Residential) and a proposed Zoning District Change from RA-1 to RE-12.5 with lot averaging overlay
SECOND: Council Member Densley
VOTE: The motion carried.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Densley |
AYE |
| Council Member Elliott |
NAY |
Roll call vote. Four (4) Council Members voted in favor and one (1) Council Member voted in opposition.
Mike Rodriguez reported that after the Public Hearing at the Planning Commission, the Planning Commission recommended that the Land Use be changed from School to MDR (Medium Density Residential) and to change the proposed Zoning District from RA-5 (Residential minimum lot size 5 acres) to RE-12.5 with lot averaging (Residential average lot size 12,500 sq ft) on 7.65 acres. Mayor Hart opened the Public Hearing. Lance Anderson resides in Ivins and stated that his subdivision project is near this property and felt that RE-12.5 lots should be along the edge of the property because that matches the surrounding area. He was okay with the smaller R-1-10 lots on the smaller parcel of property. Cliff Gustin resides in Ivins and referred to the Land Use map rather than the existing Zoning map and indicated that the property in question is currently surrounded by Low Density Residential. He requested that they take that and the Planning Commission's recommendation into consideration. Logan Blake represented Development Solutions Group and stated that when they were first negotiating on the property, with the size and layout of the parcel, they were going to have cul-de-sacs and lots fronting the Indigo Trails Development and those would be larger because they fan out. They felt that the R-1-10 zone is what's needed. The original intent was for a High School and there's High Density Residential nearby. There being no other comments, Mayor Hart closed the Public Hearing.
Ordinance
Planning Commission Minutes
Planning Commission Minutes
Application
Map
Staff Report
There was a question regarding zoning one parcel being zoned one thing and the other parcel being zoned another. Mayor Hart indicated this is a legislative action and if the City Council choose to zone the two (2) parcels separately, they could do that. Council Member Elliott was in favor of splitting the zoning and zoning the larger parcel be zoned RE-12.5 with lot averaging and zoning the smaller parcel as R-1-10 with lot averaging. Mayor Hart commented that High Density Residential is already proposed in that area. Council Member Mehr, Council Member Johnson and Council Member Densley agreed with the Planning Commission's recommendation. Council Member McDonald did not comment.
MOTION: Council Member Densley moved to approve Ordinance No. 2018-06, an Ordinance of Ivins City, Utah, regarding a Land Use Amendment from School to MDR (Medium Density Residential) and a proposed Zoning District Change of RA-5 (Low Density Residential Agriculture District-5 acres) to RE-12.5 with lot averaging overlay (Residential Single Family District average lot size 12,500 sq ft) on 7.65 acres located at approximately 580 West Normandy Road. Washington County School District-Owner; Development Solutions Group, Inc.-Applicant
SECOND: Council Member Mehr
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Roll call vote. All Council Members voted in favor.
Mike Rodriguez stated that the City no longer has a Mobile Home (MH) zoning district and the nine (9) lots in this proposed amendment are less than 10,000 sq. ft. and were excluded in the previous map amendment that changed the zoning district from MH to R-1-10 (Single Family Residential, minimum lot size 10,000 sq ft). The seven (7) lots that are along 200 East would be changed to R-1-7.5 (minimum lot size 7,500 sq ft) and the two (2) lots on north end would be changed to R-1-5 (minimum lot size 5,000 sq ft). Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Ordinance
Map
Planning Commission Minutes
Planning Commission Minutes
Staff Report
There was no discussion.
MOTION: Council Member Johnson moved to approve Ordinance No. 2018-08, an Ordinance of Ivins City, Utah, rezoning lots currently shown as MH (Mobile Home) located on 200 East between 200 North to 300 North to R-1-7.5 (Single Family Residential minimum lot size 7,500 sq ft) for lots facing 200 East and R-1-5 (Single Family Residential minimum lot size 5,000 sq ft) for the two lots abutting 300 North located within the blocks of 200 North to 300 North and between 200 East and 230 East. Ivins City-Applicant
SECOND: Council Member Elliott
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Roll call vote. All Council Members voted in favor.
Presentation
Wally Ritchie provided a PowerPoint Presentation, a copy of which is available by request through Ivins City Hall. He thanked Jennifer Chapman for assisting with putting the budget books together for the Mayor and City Council. The information provided to the Mayor and City Council is for their review and then for them to be prepared to discuss at the next City Council meeting. The budget material includes the Estimate to Complete for Fiscal Year Ending 2018, the Tentative Budget for Fiscal Year Ending 2019 and the Projected Budget for Fiscal Year Ending 2020. All proposed projects and priorities include Parks, Trails, Streets, Infrastructure projects and one (1) part-time Animal Shelter employee. All debt service is covered. Employee benefits and merit increases are maintained. There are no tax or fee increases proposed, there is no use of the unrestricted General Fund balance and the budget is balanced.
Ordinance
Dale Coulam indicated that at the last City Council meeting, the Mayor and City Council agreed that single story Twinhomes could have a maximum building wall length of 80' instead of 60' and setbacks for 2 story Townhomes in the TH zone with walls greater than 60' in length adjacent to interior property lines, would be increased by 50%. He referred to a 2 story Twinhome and vice versa and inquired what the difference was. He suggested that they be consistent and if the Mayor and City Council agree, they would approve the Ordinance as amended.
MOTION: Council Member Elliott moved to approve Ordinance No. 2018-05, an Ordinance of Ivins City, Utah, clarifying setbacks in the Twinhome and Townhouse Zoning Districts, as amended
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Roll call vote. All Council Members voted in favor.
Dale Coulam stated that they are discussing the total length of the building. The current Ordinance allows a maximum length of 120 feet but he inquired if there would ever be an exception to that when a building or project abuts property that is not Single Family Residential. Council Member Densley inquired what the setback was for the property next to Rider's Tire shop. Dale Coulam indicated that it is 10 feet because the property does not abut residential. Council Member McDonald referred to that commercial zone and inquired if a wall or building that has a straight wall for quite a distance be built for a commercial building. Mike Rodriguez clarified that it could. Council Member Johnson referred to the larger multi-family units and inquired if the majority of those need to be sprinklered. Mike Rodriguez stated they would and that it's based on occupancy. Council Member Densley inquired if the buildings are lengthy, if they're still required to build offsets. Mike Rodriguez indicated that they would and all of the design guidelines would still be applicable. Dale Coulam stated that if the Mayor and Council agree that this should be discussed, this would start with the Planning Commission where a Public Hearing would be held. The Planning Commission would then make a recommendation to the City Council and a Public Hearing held before the City Council. The Mayor and City Council agreed to start the process with the Planning Commission. Mayor Hart inquired of Mike Rodriguez in his experience, if this is a reasonable thing to be doing. Mike Rodriguez stated that it isn't uncommon from what he's experienced in the past and is reasonable and consistent.
Resolution
Chuck Gillette indicated that this is presented every year but the format has changed. Council Member Mehr inquired what the stated objective is when it comes to this subject. Chuck Gillette clarified that it is to treat the water and meet all of the regulations. The City is cleaning the system more frequently and has increased the frequency of using cameras in the system and the goal is to avoid problems. The system is approximately 30 years old and the City shouldn't start seeing significant failures or upgrades for 50 or more years.
MOTION: Council Member McDonald moved to approve Resolution No. 2018-03R, a Resolution of Ivins City, Utah, adopting the Municipal Wastewater Planning Program
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Densley |
AYE |
Roll call vote. All Council Members voted in favor.
Resolution
Mayor Hart stated this request is from the County to show support for a plan that is in motion to create what's referred to as Zone 6 of the Tortoise Habitat in the Tonaquint area. It is owned by SITLA (School and Institutional Trust Lands Administration) and used by Mountain Bikers and Hikers. The point is to set aside 4000 acres from SITLA to use as mitigation for the proposed Northern Transportation Corridor and Washington Parkway. The Bill currently before Congress authorizes the road to be built and is the least impactful on the tortoises. The Mayor provided a historical reference to a 2006 Lands Bill that was adopted by Congress and signed by President Obama. Mayor Hart has personally come to the conclusion that the Northern Transportation Corridor is needed and as Mayor, he needs to look at the benefit to Ivins City overall. He inquired if the City Council supports something that isn't completely put together. Council Member Elliott requested to hear Lisa Rutherford's input on this. Lisa Rutherford indicated that this is complex and has been going on for a very long time. She has studied this for over 10 years and has been in attendance at the DTEC (Dixie Transportation Executive Council) meetings where this has been discussed and in their meeting minutes in 2006, it was clear that this was very contentious. She did not feel that this corridor is going to satisfy or solve the transportation problems. Zone 6 that is proposed is right where the Western Corridor is going to be built. She was concerned that there isn't a bill in hand to review so giving support to something where they don't have the details is placing the cart before the horse. She requested that the Mayor and City Council slow down on this and not support it at this time. Council Member Mehr inquired if the Northern Corridor has been part of the Master Plan. Mayor Hart indicated "yes". Council Member McDonald inquired if the Public Works Director/City Engineer Chuck Gillette has looked at this and feels that the road is needed. Chuck Gillette stated "yes" and indicated that he is a big supporter of the road. Council Member Densley stated he was in favor of this 100%. Council Member Elliott appreciated the information that has been provided but indicated that her reservation is balancing habitat and growth and seeing the text of the bill would be important to her. Council Member Mehr stated that this is a complex issue but felt that the more local control of our lands, the better. He spoke with a with a Wildlife Biologist and Council Member Mehr wanted to be sure they are avoiding as much fragmentation as possible. He was in favor of the Resolution, understanding and respecting other points of view. Mayor Hart commented that at the end of the day, the Utah Division of Wildlife Resources will determine if the road can be built based on the net gain for the tortoises. Council Member McDonald and Council Member Johnson were in favor of the Resolution.
MOTION: Council Member Densley moved to approve Resolution No. 2018-09R, a Resolution of Ivins City, Utah, supporting the Washington County Desert Tortoise Habitat Conservation Plan Expansion Bill
SECOND: Council Member McDonald
VOTE: The motion carried.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Densley |
AYE |
| Council Member Elliott |
NAY |
Roll call vote. Four (4) Council Member voted in favor and one (1) Council Member voted in opposition.
Council Member Mehr - no report
Council Member McDonald reported that they met as an Executive Board for the Solid Waste District because the recycling program is costing even more due to China not accepting some of the recycling commodity that is being sent there. The program is on the verge of being cancelled because of the expense. Dixie Waste Company is getting a deal because they are only picking up 50% of what they're getting paid for. He argued in that meeting that if the Board would have gone with the chosen collector, the District would be in a much better position. The Board is contemplating what to do and meeting on April 16, 2018 as a full board to consider cancelling the contract and be sued or subsidize the program for the remaining three (3) years and then cancel the contract. An increase for the service will occur in the future.
Council Member Johnson - no report
Council Member Elliott - no report
Council Member Densley - no report
Mayor Hart reported that the County held an Open House to explain the bill regarding the Desert Tortoise Habitat Conservation Plan Expansion bill. Restaurant Aragosta celebrated three (3) years in Ivins. He was invited to a Gala for the Dove Center. It was a great event and he was impressed with the volunteers coming together to make a meaningful difference. Council Member Elliott indicated that approximately 250 people attended and the event raised a lot of money for the Dove Center.
Dale Coulam reported that the City Managers of Ivins, Santa Clara, and St. George met and discussed the agreement regarding the Sand Hollow Aquatic Center. Council Member Densley referred to a board that discusses that and commented that he's willing to serve on that board. Dale Coulam indicated that Ivins has paid a proportionate share for the use yet the County and School District pay nothing. They're hoping to get some participation by them because the School District is the main user and the County also benefits. Dale Coulam reported that there has been an issue with individual(s) breaching the security of the Tuacahn water tank. The City's lock was cut off and there were glow sticks inside the water tank. Tuacahn has been without drinking water but it is hoped that will be restored by Friday April 6, 2018. Council Member Johnson requested that something be included in the newsletter because kids don't realize that what they've done has such a big effect.
| D. |
Items to be placed on future agendas |