The meeting was called to order at
05:30 p.m. All present included
Chairman Jeff Loris,
Commissioner Bryan Pack,
Commissioner Lance Anderson,
Commissioner Bob Morris,
and Commissioner Doug Clifford.
Mike Rodriguez stated that this is a project plan for the 9 acre site, just west of Movara Fitness Center on Hwy 91. This parcel was part of the original Movara project expansion, but it is a separate parcel from Movara. The Project Plan is preceeding the Preliminary Plan and needs to be approved prior to the Preliminary Plan. This property is currently zoned Mixed Use Overlay with RM-C1 Zoning. The resort use is a Class V conditional use under the C-1 zone and proposes 80 townhome units on the 9 acre site. As a Mixed Use development they want to have the ability to rent these as vacation rentals for both guests of Movara, as well as others that may come on a short term use. The zoning allows for that particular use. With the C-1 zone they need a commercial component, so one unit will be the commercial use for on-site management for their short-term use. The Project Plan is a legislative decision while the Preliminary Plan is an administrative action. The applicant is here to address any issues. Commissioner Bryan Pack stated that this is an amendment to revise the project plan. Do we have the original? Mike Rodriguez stated yes the Casitas at Fitness Ridge shared with Movara and it is now a separate parcel, application and ownership. There could be some cooperative uses by Movara with shared access, and some of the guests being able to use some of these units. Commissioner Bryan Pack inquired how does this differ? Mike Rodriguez stated that it differs based on the layout and a different number of units. We recently amended the zoning code to allow lengthier buildings and this will comply with those new regulations on the interior, or the adjoining zones other than residential. Chairman Jeff Loris opened the Public Hearing. Rob Reid stated that back in 2011 Fitness Ridge morphed into the Biggest Loser and they had proposed a couple on-site buildings and were looking for more space and purchased the parcel next to them. They came up with the Casitas at the Ridge, which were 6 plexes nested into each other on about 5.35 acres. It was approved, but they never did that. Since then, the property sold off and this is an amendment to that. A month ago Movara came in and amended the same project plan, and this differs from them enough and encompasses its own area than what was originally done. This proposes 4 plexes and 6 plexes that will be townhomes. Commissioner Bryan Pack inquired how is the number of units changing from the original project plan? Rob Reid stated we would have to look at the original, but this one has 80 and the density is similar. They had two different phases he believes, and the first phase was four buildings and then an additional six buildings. Mike Rodriguez stated the casitas for Movara that came through recently changed the 5 buildings with 8 units and now they are building 20 separate two-story buildings around 800 sq ft. The density on that one actually reduced. He believes this one has a similar density to the original project plan. Commissioner Doug Clifford inquired if these would be rentable? Rob Reid stated this is separate from Movara. They share access and they have agreements they are working on, but if they want to rent it, they may or may not be guests from Movara. Mike Rodriguez stated Movara casitas will be up for sale as individual ownership, and owner occupied or part of the rental pool. Kanta Village will also sell each individual unit or have them owner-occupied or part of the rental pool. Rob Reid stated the applicants intent is to create townhomes they can sell. That is their main objective. Because it is an overlay zone that allows these types of uses we are just asking to keep that use so the ability is there, but the intent is to sell the townhomes. Terry Marten stated he is offended by the name and that it is predatory beginning to this project. His concern is on the planning, and the density that we are dealing with, such as 20 units per acre on this property. There was a lot of planning done 12-15 years ago, and one thing discussed was to create a corridor out of Hwy 91 to attract people to the Ivins area. It would be in keeping with density and architecture of the existing community. These projects are changing the existing community very rapidly, and our entrance into the community. This is disturbing. He sponsored 15 years ago, and we fortunately still live with today, the 30 ft additional boundary dedication along the 100 foot highway and help keep that corridor nice. That was the intent then, to be protective of the corridor. The current Planning Commission and City Council are not honoring what we worked on 12-15 years ago. We had a plan that shouldn't be compromised. It is hurtful to him. The last project was low-income housing. He knows we need these elements in the community but we are compromising the corridors. It is not right. Don't lose sight of the planning and hard work that many of us spent 15-20 years ago. It is all being eroded with every meeting. Bob Greely stated he agrees with Terry Marten. He moved here 4 years ago, and we were sold the master plan and it has completely gone away from that. It needs to be smart growth. We will be like Salt Lake City in 20-25 years here. Sharon Barton stated she agrees with them. Research shows this area is over-saturated with short-term and overnight rentals. She hates to see Ivins lose its identity, and suffer from a short-term decision that doesn't support the General Plan. Sue Gordhammer stated that she concurs with the comments made. She drives the Hwy 91 corridor daily and appreciates the openness of the desert and the red rock. She looks at the concept but when she reads it is in keeping with the environment, it is not in keeping. Those do not blend. They are white buildings against red rocks. It will be incredibly obvious and the density is extremely high. The two buildings under construction right now are very obvious. She is not in favor of nightly rentals, or this project. Lloyd Warner stated he has lived on Hwy 91 for 20 years. So much change between Movara and the Hwy. It is a nightmare. It is very congested and should be down-sized considerably. It will create traffic problems, getting out on Highway 91. He worked on that plan years ago, and he sees it being torn apart. The people here tonight are against it. The Planning Commission needs to go to work on these things and make Ivins the rural community it has been for a long time. Hearing no further comments, Chairman Jeff Loris closed the Public Hearing.
Chairman Jeff Loris stated considering what is planned and what has been planned, the land use plan was changed 15-20 years ago. That was master planned back then in this corridor it should be commercial professional, commercial resort, and community commercial. This entire area is designed, segmented and specified for this commercial use. The density is already set. The ordinance states what we can do in this area. Our choice tonight is to allow short-term rental or not. They followed every item in the project plan. By law, this Commission and City Council are held to the fire to follow our laws and we have no right to withhold this from them. This area is set apart for commercial. It is not zoned that dense, but the land use is designated by the City and is already set. The choice is whether it should have short-term rental use. Commissioner Bryan Pack inquired what the vested rights are? Is their density vested? Commissioner Lance Anderson stated that the land use plan is High Density Residential. Community Commercial with a Mixed-Use overlay. Mike Rodriguez stated the zoning on this is Multi-Family and Commercial C-1 Commissioner Bryan Pack stated there was an original project plan, so that would be vested with that specific density. Commissioner Lance Anderson stated they were one project at one time, but now there are two separate projects and owners. We need to find out what the original density was. So we know if there are 50 units, or 80 units. Commissioner Bryan Pack stated that density is one of the hardest questions the Planning Commission faces. Most people at our public hearings like the rural nature and lower densities. He understands that. But there are sometimes benefits in higher density as far as affordability. 12-15 years ago that was not an issue that we are now facing. The State Legislature is requiring cities to redo their planning. It is hard. It is tough. This is an important corridor to our City. As a corridor, it has larger roads that can accommodate more traffic. Do we want this type of project in the middle of residential or do we leave it on the outskirts near our larger roads? He would like to put this on hold until we can review the original project plan so we can know the exact impacts we are changing. Lynnette Miller with Rosenberg Associates stated that the buildings are set back 40 ft from the right of way. Mike Rodriguez stated that this project will require the same buffer we required on Movara and Red Mountain Vistas Townhomes that are under construction. Everyone along the highway has to maintain that same buffer. Lynnette Miller stated that then becomes the new property line, to the center line of the wall. There are maximum and minimum lengths and offsets. The buildings are set back 40 ft and there is at least 20 ft between buildings and more along Hwy 91. She recalls as far as density that the whole parcel was not used as part of it. They mentioned it was a 9 acre parcel, but they only had planned part of that acreage in the original project plan. Mike Rodriguez stated we found the development agreement, but it doesn't specify the project plan requirements. Lynnette Miller stated there would not be anything white in color. Everything is earth-toned and will comply with the codes and the recommendations of the City. Commissioner Lance Anderson stated we used to get a sample board so we knew it met guidelines. Mike Rodriguez stated that Sharon Allen was able to locate the project plan. The Casitas at the Ridge was an 8 building development with 5 units per building. That is the project plan we referred to when we considered Movara's casitas. That was on 5 of the 9.12 acres. So a little over half of the site was considered. Some of the other items that were included in that project plan were that each building would include 3 single level units and 2 two-story units with the buildings being less than 30 ft in height. Lynnette Miller stated it had a master planned road coming over to the west side of the property. The casitas were not all the way to Hwy 91. Fitness Ridge was for guests at Movara they would be short-term use. Chairman Jeff Loris stated that the numbers end up being about 7.5 units per acre on the original one. Using those same numbers on the 9.21 acres would be 68 units. They want to place 13 more. Mike Rodriguez stated so this was a denser proposal than what was on the original project plan. Commissioner Lance Anderson stated that his concern is when you have so little space, it pushes people outside of their space and into others because they have nowhere to go. They need a little more area to enjoy their environment. Commissioner Bob Morris inquired if density is a subject we can address? Chairman Jeff Loris stated that it is based on High Density Residential and that is what? Up to 7.5? Mike Rodriguez stated that R-M zone is the highest density that we can get. He believes that density is 12-15 units per acre. Commissioner Lance Anderson stated that we have already given them 7.48 units per acre. Now do we allow 8.8? The applicant is asking for 13 more units. Now we need to decide if that impacts the way they design it or not. That is technically the vesting that we have given them already. Mike Rodriguez stated that this project is not being considered as affordable housing. Chairman Jeff Loris stated that the zoning allows 12-15 units and they are at 8.8 so we would not be allowing them. It is already allowed. They are already within the density allowed. Commissioner Lance Anderson stated when we do the overlay we are defining density at that time. Mike Rodriguez stated that is what is being decided is the type of density they are proposing with the required project plan provided if they want to have that short-term component to it. Commissioner Lance Anderson stated when a density was given, we allowed 7.48. Now they want 13 more units and a short-term rental commercial component. They are vested at 13 less right now. Those are the items we need to decide. Commissioner Bryan Pack inquired if the short-term rental component was also there before, even though it was associated with Movara? Mike Rodriguez stated that Casitas at Fitness Ridge were intended to be for guests at Movara. They were short-term use, but for those guests. Commissioner Bryan Pack inquired if that right went away with the sale of the property? Mike Rodriguez stated both parcels were still mixed use with the original project plan. That is why an amended project plan is required. Commissioner Lance Anderson stated that back then we were trying to make it so people felt more comfortable when a project was being brought forward. Hence the overlay. Rob Reid stated if you go back to 2011 you have 9.21 acres and the Casitas at the Ridge were to be slowly affiliated with Movara, or Fitness Ridge. Meaning that they would check in through the front desk there, and it all was run through their business. The whole area was not included in the project plan, because they were still looking at commercial elements with it, and they left it off the project plan. They weren't to the commercial aspect yet, they just needed additional housing for their business. The overlay zone gets confusing. We are not asking for a zone change. We have a zone we are trying to comply with. The zone we have also has an overlay with it, and the nightly rental is not the intent of the applicant. staff has instructed us that we have to meet those residential and commercial elements in the overlay zone. Mike Rodriguez stated the Multi-Family use is allowed in the townhome zone but because the applicant has chosen to apply for nightly rentals, they had to submit a project plan and be considered and approved as part of the commercial zone. Rob Reid stated when they started the process, they did not feel like the project plan needed to be amended. We felt we complied with the existing project plan but because they were not the same building we were told we needed to amend the project plan to what we are currently doing. The overall intent is the same. Mike Rodriguez stated that Movara had 20 casita units that have been approved. Their project is separate from this one. Commissioner Lance Anderson stated we approved 13 less and we did not approve the short-term rental component. Commissioner Bryan Pack stated that he would like to table because he does not know what discretion we have. We are guessing at this point, and he would like to make it more certain. Can they go back to straight Multi-Family without the overlay? Commissioner Bob Morris stated he would like to know if the project could go forward, but without the short-term rental. Commissioner Lance Anderson stated that he believes it would because that is not their main intent. Chairman Jeff Loris stated that mixed use mean it required a commercial side and a residential side. When it was Fitness Ridge or Biggest Loser, it had the business part of the building, and Casitas at the Ridge next door. Now it needs a commercial use or it would need a zone change. We need more information.
MOTION: Commissioner Bryan Pack moved to continue Discuss and consider recommendation of a Project Plan for Kanta Village, located at approximately 343 W Hwy 91. Mac Bowell-Applicant. Kanta Holdings, LLC-Owner, and have staff give the facts on the original project plan and how it differs, and to have our City Attorney present for a legal opinion.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
Mike Rodriguez stated that this Preliminary Plan matches the project plan, and the project plan drives this item. Chairman Jeff Loris opened the Public Hearing. Hearing no comments, Commissioner Lance Anderson recommended to continue the Public Hearing.
MOTION: Commissioner Lance Anderson moved to continue Public Hearing regarding a Preliminary Plan for Kanta Village, located at approximately 343 W Hwy 91. Mac Bowell-Applicant. Kanta Holdings, LLC-Owner.
SECOND: Commissioner Bob Morris
VOTE: The motion carried.
| Chairman Jeff Loris |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Bryan Pack |
NAY |
(Since consideration must follow a Public Hearing, this agenda item is also continued.)
Mike Rodriguez stated that the applicant is proposing 18 lots on 7.75 acre site. It was previously owned by the Washington County School District, and rezoned as residential agriculture 5 acre minimum. It is now rezoned to residential estates 12.5 and it has lot averaging. This is located between where the last item of discussion was, and Sage Villas townhomes and next to Indigo Trails subdivision. It is three cul-de-sacs and a partial road that may continue on out to the West. There was concern on where some of the finished elevations of some of these lots were going to be. The plan and proposed improvements have been reviewed by TRC and staff and it complies with the City's ordinances. Chairman Jeff Loris opened the Public Hearing. Lloyd Warner lives on Highway 91 directly across from this project. He would like to know the style of homes going in there. He would prefer to see a low height. Chairman Jeff Loris stated the City has an ordinance with a height limit of 25 ft. This meeting is not to look at the design, but the location, size and grading of the lots. Lloyd Warner stated he would recommend to the developer to keep the homes lower than 25 ft. Mike Rodriguez stated the developer is here. Terry Marten inquired why so many cul-de-sacs. How will it connect? Mike Rodriguez it is narrow so it was designed that way. It could connect into Indigo Trails in the future. Chairman Jeff Loris stated you can see the emergency "T" to allow turnaround. Logan Blake stated he represents the applicant. Kwavasa does not touch our property line, and we meet fire code because we have two accesses. There is a dedicated road even though it is not constructed. The other cul-de-sac was for fire safety. Earl Road exists so we were constrained to have to do those cul-de-sacs. He wanted to bring up that they are aware they still have to work out is the grading issues on the 5 lots. He was given recommendations from the City and he took it back to the owning partners of this development. There are quite a few partners. He got their feedback. He would like to hold the Public Hearing, but continuing action to the next meeting for him to revise the plan for those 5 lots. Hearing no further comments, Chairman Jeff Loris closed the Public Hearing.
Chairman Jeff Loris stated that he looked at the grading across there, and there is a 10 ft drop between cul-de-sacs. He was very concerned about that. Commissioner Lance Anderson stated that Cowichan is his property and he has a concern on the drainage. Personally, he doesn't like the name Earl Road. Mike Rodriguez stated they are still working on issues with Public Works. Logan Blake stated Earl Road will be a public road. They are tied to this plan, unless you want enormous cuts, as well as looking to the future and additional property and to the road. Chairman Jeff Loris inquired if they are trying to drain from the northern corridor all the way to the street? Logan Blake stated yes. Chairman Jeff Loris stated the contour line is at 34 and the pad is at 40 and so you are bringing in 6 ft of fill. Logan Blake stated that the City wants a hump and ADA ramp in there. There will be a lot drain that will go to Fitness Way. Chairman Jeff Loris stated the Mayor is concerned about safety, security and privacy of higher lots. Commissioner Lance Anderson stated the lot he has created to the West was cut in 6 ft. Add 4 ft plus 25 ft, their pad could be 30 ft above his. Logan Blake stated the other property is Sensitive Lands. The partnership does not want the lot set below the sidewalk. Chairman Jeff Loris stated that the Planning Commission did not catch it on Altura, that they had a 10 ft elevation change to the back of the curb at the first lot. Logan Blake stated they do not want to lower the lot below the sidewalk and devalue the property. Commissioner Lance Anderson stated that he would like the City to change the rule so that you dig in and the curbline is the low side instead of the high side. The road will be dedicated to the City, and the public road will border the school property in the future? Logan Blake stated yes, and they may not care about the road name. He hopes to have a decision before the Planning Commission's next meeting June 4th.
MOTION: Commissioner Bryan Pack moved to continue Discuss and consider recommendation of a Preliminary Plan for Sage Cove, located at approximately Earl Road and Fitness Way. Quality Development, LLC-Owner. Development Solutions Group-Applicant.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
Mike Rodriguez stated this is a two lot subdivision on 1.6 acres that is essentially a flaglot. The family is creating a lot in the back. This has been reviewed by TRC and there is drainage and an easement being worked on with our City Engineer. Chairman Jeff Loris stated that there was a shed that was going to be removed. Mike Rodriguez stated yes and a new home built that will comply with the setbacks and meets with our City regulations. Commissioner Bryan Pack inquired why this did not need a Public Hearing when the other two preliminary plans did? Mike Rodriguez stated that this is a standard subdivision. Commissioner Doug Clifford inquired about zoning issues on flag lots, such as width of driveways, etc. Mike Rodriguez stated it requires a minimum 20 ft driveway access and they are proposing a 22 ft wide access. They have to comply with RE-12.5 setbacks and height requirements. It also meets fire code. They are putting the hydrant out front. On drainage in the lower left potion of their lot, they have a detention basin there.
MOTION: Commissioner Bryan Pack moved to approve recommendation of a Preliminary Plan for Turner Subdivision, located at approximately 375 North 200 West. Harold Turner-Owner. Matt Lofthouse-Applicant.
SECOND: Commissioner Lance Anderson
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
Mike Rodriguez stated that the applicant is asking to amend the final plat on Lot 15 to add a 4 ft extension on this lot and move it from the roadway. Because it has a pad envelope, it requires an amendment. They angled it to comply with the setbacks on that property line. TRC has reviewed this and it complies with our ordinances and Staff recommends approval. They need to stay within the envelope, that building pad.
MOTION: Commissioner Bryan Pack moved to approve an Amended Final Plat for Encanto Subdivision, located at approximately 1355 E Snow Canyon Parkway #15. Rock Bottom Properties, LLC-Owner. Travis Sanders-Applicant.
SECOND: Commissioner Lance Anderson
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
Lance Anderson recused himself. Mike Rodriguez stated that this lot is on 1.32 acres. It complies with the preliminary plan. TRC has reviewed this, and staff recommends approval.
MOTION: Commissioner Bryan Pack moved to approve Final Plat for Taviawk 9-CC, located at approximately 829 West Wicasa Way. Kayenta Development-Owner. Lance Anderson-Applicant.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Lance Anderson |
RECUSE |
Lance Anderson recused himself. Mike Rodriguez stated this is another single lot subdivision. It also complies with the approved preliminary plan, City codes and ordinances. Staff asked to extend the roadway to the end of this corner lot.
MOTION: Commissioner Doug Clifford moved to approve Final Plat for Taviawk 12-B, located at approximately Paiute Drive and Takala Way. Kayenta Development-Owner. Lance Anderson-Applicant.
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Lance Anderson |
RECUSE |
Lance Anderson recused himself. Chairman Jeff Loris inquired if the common area was not an owned area? Lance Anderson stated it was for the HOA. Chairman Jeff Loris stated the home is to be built on the East side. Mike Rodriguez stated this is a one lot subdivision on 1.224 acres. TRC has reviewed the plat and staff recommends approval. Commissioner Doug Clifford inquired why there was a no build zone? Lance Anderson stated those are areas that are too steep, so they labeled no build so people stay out of them.
MOTION: Commissioner Doug Clifford moved to approve Final Plat for Posovi 3-B, located at approximately Talatawi Way. Kayenta Development-Owner. Lance Anderson-Applicant.
SECOND: Commissioner Bryan Pack
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Lance Anderson |
RECUSE |
MOTION: Commissioner Bryan Pack moved to approve the Ivins City Planning Commission minutes for April 16th 2019.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |