All present included Mayor Hart,
Council Member Mehr,
Council Member McDonald,
and
Council Member Densley.
STAFF:
City Manager/Attorney Dale Coulam,
Building and Zoning Administrator Mike Rodriguez,
Public Works Director/City Engineer Chuck Gillette,
Director of Finance Lane Mecham,
and
City Recorder Kari D. Jimenez.
EXCUSED: None.
Audience: Frankie Fleming, Ken Moore, Dan & Jan Brown, Paulette McAbon, Rosemary Marchi, Chris Haddad, Rich Svien, Larry Myers, Lance Allred, Patrick Manning, Cathy Van der Plas, James M. Wallace, B. Clark, Greg Cheney, Sandi & Terry Mahaffey, Randall Johnson, Diana Christopherson, Tim & Sheri Gillespe, Regina Roper, Crystal Blaha, Connie Butterfield, Carl, Diane Chavez, Jerilynn Round, D.R., D. Anderson, Bill Klenke, Bill W., Teresa Fife, Sue Gordhammer, Larry & Val Cazier, Matt Marten, Sherry Breitenbach, Miley Clark, Kathy A. and others who did not sign in.
Mayor Hart acknowledged there was a quorum present. Council Member Elliott and Council Member Johnson were excused.
Council Member Densley led the Flag Salute
Council Member Densley gave the Invocation
There were no disclosures or conflicts of interest with items on this meeting's agenda.
Presentation
Marc Deshowitz provided a Powerpoint presentation. A copy of the presentation is available on Ivins website www.ivins.com and by request through Ivins City Hall. Mark Deshowitz reported that exposure to "blue" light at night results in a reduction in melatonin levels, which negatively impacts the natural wake-sleep cycle. Light pollution is defined as the illumination of the night sky caused by artificial light and 80% of Americans cannot see the Milky Way from their backyards. He explained the difference in incandescent, low pressure sodium, high pressure sodium, halogen, CFL and LED light bulbs, as well as the electro-magnetic spectrum of light. Blue light is at the higher energy portion of the visible spectrum and scatters easily when it strikes particles like dust and water vapor. Blue light contributes to macular degeneration, glaucoma and retinal degenerative diseases and impacts birds, insects and wildlife. Ivins City has retrofitted the LED lights with a filter that eliminates almost all of the harmful blue light from LED's and the filter does not attract insects to the lights. There have been concerns about security but brighter does not necessarily mean safer. Dark skies also enhance property values. The collaborative efforts of Ivins City, the International Night Sky Association volunteers, citizens and businesses is not just about preserving the night sky, it's also about preserving and protecting peoples health and safety. Council Member McDonald inquired as to Mr. Deshowitz' expertise. Marc Deshowitz stated that he is a Geologist and a Scientist reviewing scientific literature. He has been working as a Night Sky Advocate for 10 years.
Outdoor Lighting Ordinance Draft - Ivins Night Sky Initiative
Building Dept
Public Works Summary of Operations
Engineering Report
Mike Rodriguez reported that building activity has been steady. Subdivisions are being completed and the mobile homes commonly known as the "six pack", they are six mobile homes on 100 East and 600 South that have been sold and the buyer intends to remove those mobile homes and then build six new townhomes. They held two Public Hearings at the Planning Commission meeting and those recommendations will be coming forward to the City Council.
Chuck Gillette reported that Staff has been busy building the pump station in the Shinava area. The City received bids for the storm drain project on the west side and will likely be presenting that to the City Council at the next City Council meeting. The City received proposals for Architects for the new City Hall. Staff will narrow those down and interview them before selecting one. Council Member Mehr inquired if the City Council would be included on those proposals. Mayor Hart stated "yes". Chuck Gillette inquired what part would he like to be involved in. Council Member Mehr indicated he would like to be aware of what's happening. Mayor Hart commented that they have requested information from them and once the City has that, they can report as to how that turns out. He clarified that all of the proposals that were received are qualified. Council Member Mehr referred to projects occurring near Highway 91 and inquired if the City could consider lowering the speed limit through the construction areas. Chuck Gillette stated that wasn't a bad idea and that was something the City could do. Council Member Densley inquired if the City decided on a Construction Manager. Chuck Gillette stated the City will hire the Architect first and then hire the Construction Manager.
Lane Mecham reported that things are progressing as they should. They will be amending the budget and addressing that at the next City Council meeting. The Auditors finished this week with the audit and will likely report to the Mayor and City Council in late November or early December. Council Member Mehr referred to the budget amendments and inquired if the items are budget neutral or if the budget would be increasing. Lane Mecham stated the General Fund budget is neutral and balanced but there is a proposed increase the Enterprise Funds, which is why a Public Hearing will be held at the next City Council meeting. Added projects would be paid for from Enterprise Funds and/or Impact Fees. Mayor Hart commented that each year the Auditors interview him and they complimented Lane Mecham and other City Staff on their responses to them and said that they don't see that type of cooperation very often.
Notice of Public Hearing
Application
Narrative
SITLA Bubble
Planning Commission DRAFT Minutes
Staff Report
Dale Coulam indicated the SITLA parcel is Low Density Residential Land use, as well as some Neighborhood Commercial at the bottom south end. The applicant was requesting a change to Resort Mixed Use for this whole parcel. The Planning Commission recommended a 300 foot buffer of Low Density Residential where it abuts Low Density Residential and then a 250 foot buffer of Medium Density Residential where it abuts Medium Density Residential or High Density Residential. At one point the property intersects with the wash and Staff would propose that the wash be shown as open space, as well as a ridgeline east of Puerto. Ivins' Sensitive Lands Ordinance would prohibit construction in those areas anyway. The map that the developer provided was an idea of what the developer was thinking of developing on the property. It isn't concrete and would be more relevant in a zoning discussion, as opposed to Land Use. The developer had no objection to showing an open space area along the wash and ridgeline. He referred to some discussion at the Public Hearing before the Planning Commission and there being some photos shown of a labyrinth in the area. In speaking with Patrick Manning, that is located on four to five (4-5) acres owned by a private party so it is not relevant for discussion tonight. Mayor Hart stated that as they begin the Public Hearing, the Council would like to hear everything that needs to be said but they do not need to hear the same thing multiple times. He requested that as the public goes up to the stand to speak, that they state their name and to hold their comments to around three (3) minutes. Mayor Hart opened the Public Hearing. Cathy Van der Plas thanked Dale Coulam for putting her mind at ease regarding the labyrinth. She commented that former City Councils required homes to be built so many feet apart and projects were required to blend into the environment but then Rocky Vista University was built and that didn't blend with the environment and neither are the condos that are being built on Highway 91. She was concerned about what would be built in Medium Density distracting from the views. She also recalled Mayor Hart being concerned with water use and if there's a concern for water, she inquired why building continues in the desert. Pamela Palmer referred to the wash being considered open space and suggested that there be a trail or a buffer area for others to still enjoy the lava. Greg Cherry resides on Mesa Vista Drive and borders the proposed development. He understands that the majority would like the land to be left alone and not built on, he knew that wasn't going to happen. Residents in that area have met a number of times with SITLA and Patrick Manning and he indicated that they have actually been very sensitive to their concerns and willing to make a number of concessions to preserve the views as much as possible and address traffic concerns. He referred to the wash and thought that at some point it had been agreed that there will not be a road going onto Mesa Vista Drive. That was a concern that still needed to be addressed. He hoped that only emergency City vehicles and a trail open to the public would be in that area. He also referred to the access road into the project that borders the backyard of homes against that property. At the Planning Commission Public Hearing it was suggested that the buffer be extended out to the east and drop it down a little bit to reduce traffic noise. His last concern was that the homes that would be built in the low density area would be built excavating them down make sure the views for the existing homes on the top row are not impeded. Sue Gordhammer resides on Kayenta Parkway and commented that the thing that struck her the most was that the wash was being considered as open space but it has a road running next to it. When she thinks of open space, she thinks of that space to get away from traffic. She requested that there be an emphasis on trails. David Andrews resides on Puerto Drive and inquired as to the density of an area on the map. Dale Coulam clarified that is Medium Density Residential Land Use. David Andrews referred to the area that is planned to be employee housing and stated that there is a lot of water in that area and didn't think that homes could be successfully built there. He was concerned that if there were homes built there, that it would push the water towards his property and flood his property. He didn't think that the developer's problem should be his problem. When the individuals were on site to test the soils, he asked them what they were finding and they told him it was sticky gooey mud and felt there would be a lot of problems if homes are built there. He'd like to see a right-of-way for people to access the lava. Mark Pag resides near David Andrews on Puerto Drive and inquired if the maps and development will be defined further. Mayor Hart clarified that this is the Land Use stage which is much broader and defines the intended uses but does not define the zones. When they get to the zoning stage, the details are more defined. Mark Pag commented that he knew there was a plan for this property previously and he stated that this current plan feels like it's the same plan as the previous one but just worded more carefully and wrapped in a nicer package. Mayor Hart indicated that this plan is quite different but similar. Kevin Blaha resides at 669 East on 425 South and commented that if the zone is changed, it would set a precedent. He thought that if someone was serious about developing this, they would have everything laid out so the public isn't asking all of these questions. He was concerned with sufficient water and sewer system capacities and dust control. He inquired what other areas of the City did Ivins intend to develop. Mayor Hart clarified that the City is not developing this project. The developer has made the application and all of the things he brought up will be discussed in successive meetings. Studies have already been done relating to sewer and water capacities. Kevin Blaha thought that the developer spending money up front tells them that the developer is serious and they have the money to develop it. Crystal Blaha commented that she thought the majority of the people who moved to Ivins came here because it is nice and quiet and there isn't a lot of commerce. If they wanted to live where there are resorts, they could move there. Connie Butterfield lives on Puerto Drive and wanted to know when Ivins became a resort town. She understood that it was a destination and not a resort. Mayor Hart clarified that Ivins has areas of the City that are zoned Resort Commercial and that is what is being requested by this developer. The adjacent parcel is already zoned Resort Commercial. Dale Coulam showed where on the map property is zoned Resort Commercial and clarified that Ivins City has been designated a resort destination for a long time. Connie Butterfield commented that was sneaky. Dale Coulam stated it went through the Public Hearing process at the Planning Commission and City Council and has been designated as a resort destination for quite sometime. The General Plan uses both of the terms "resort destination". Connie Butterfield indicated she thinks it's wrong. She was also concerned about there being a lot of water in area of the property and commented that you can't mess with mother nature and that the houses below are falling apart. She stated that more studies need to be done as it relates to water. Lance Allred resides in the area Connie is talking about and he was concerned with traffic. He commented that there has been an increase in traffic since Harmon's opened, as well as with the nightly rentals in Santa Clara. He referred to the Western Corridor being built and infrastructure. He commented that he heard the developer was sensitive to those who are already here and making some concessions with the people up above but he didn't see any level of sensitivity for those that live where he lives. He stated that there are tremendous water issues there and inquired why the developer would not place a buffer along the southern and western portions of the property as well. He inquired where the traffic was going to go in and out in the absence of the Western Corridor. Patrick Manning is the applicant and addressed a few of the concerns that were brought up. He clarified that the open space that was on the map shown, did not show the total open space. There are 300 acres and of that 300, 240 acres is open space, including the lava flow. They are trying to embrace the community with a lot of open space and some trail heads. Regarding the reported water issues, they are not far enough into the project to determine that but if it ends up being too much to tackle, they will not develop that space. They have a 20 year track record with the Entrada development. They intend for one of the roads to be for emergency access only and all traffic will funnel through the horse roundabout, through the Black Desert development and into the SITLA property. Regarding this being the same plan as previously shown, it's a different package. The first plan contained two hotels and his plan now shows those hotels as estate lots and not hotels. Regarding nightly rentals, those would be deed restricted. Regarding the location of roads, he commented that they don't control where the MPO (Metropolitan Planning Organization) road goes but on the Black Desert side, they will address that and see if there can be a compromise on that. Sandy Mahaffy resides on Bella Sol Drive in Santa Clara and referred to a previous action regarding a boundary adjustment. She was not sure where that was in relation to this developer. Dale Coulam clarified that is in a different area and not part of this discussion. Paulette McAbon resides on Mesa Vista and indicated that she spoke with Patrick Manning earlier. She had concerns with a road backing up to her back fence and had concerns about the vacation rentals. She stated that she owns a vacation rental in Paradise Village and it has been the worst investment she has made. She commented that they do not rent out and it's difficult to sell them. Randy Johnson resides in the area of 700 South and 200 East and was concerned with the lack of due diligence. He indicated that there are nine (9) other golf courses in this area. Mayor Hart commented that he needed to stay on topic. Randy Johnson stated that this is going to impact a lot of people and he requested that the City Council put off voting on this and have a public referendum so that the people can vote on it. He was also concerned with speeding and noise. There being no other comments, Mayor Hart closed the Public Hearing.
Ordinance
Council Member Mehr inquired what authority the City Council has regarding SITLA. Dale Coulam stated that this is a legislative decision. He inquired what the City Council's vision is for this area. Council Member Mehr referred to hearing at a previous meeting that this is SITLA's proeprty and they can do with it what they want so the best option was to use influence rather than control. Dale Coulam clarified that the City Council could deny or approve the request if they state a reasonable basis for their decision and commented that there is a statute that indicates that State owned lands may not be subject to the City's land use authority. SITLA could still move forward if the City Council denies the request but that has never been tested legally and SITLA has stated it doesn't really want to test that on this property. They would rather go through the process so it comes down to what the City Council's vision is for this property. Mayor Hart indicated that he sought out information from the Attorney with the Utah Local Governments Trust and technically speaking, the City Council has no jurisdiction over SITLA property but it is SITLA's policy to go through the approval processes. Council Member Densley commented that the applicant is trying to be sensitive to the adjacent property owners. He would like to see a buffer down Puerto and have a hydrology test done on the water so no one below is being impacted. The land is going to be developed. It's going to happen so it's a matter of how sensitive a developer is going to be. Council Member McDonald stated that some of the things he thinks about if the City Council denies this, is what comes next. Generally what he's seen is, over time, lots tend to get smaller and smaller to accommodate the cost of everything going up. What the Planning Commission has recommended addressed many of the concerns he had and has helped to mitigate the majority of the concerns and he thought it's a good plan. He commented that everyone's concerns are not going to be completely satisfied. He referred to the placement of the road and inquired who controls that. Chuck Gillette stated that Ivins City does but there has already been a corridor study done showing the placement of the road. If the road is going to be moved, it would require some sort of City Council action to allow that. Mayor Hart requested that Patrick Manning have a specialist analyze that. The City Council is concentrating on the Land Use change request tonight and deciding whether or not the City agrees that is what should be done with this parcel of land and if agrees the City Council agrees with what the Planning Commission has recommended or not. Council Member Mehr answered Dale Coulam's question regarding what his vision is. He commented that Ivins is clearly a bedroom community and they want a community where they have quiet enjoyment where families are attracted to come and live, where it's safe and with the vistas that are here and similar. He was not excited about recreating the Santa Clara nightly rental disaster. He inquired when the General Plan was updated with the resort destination being the primary objective. Dale Coulam stated that it was updated in 2013 but commented that objective has been in the plan for sometime. Mayor Hart stated that he has been in government for 20 years now and ever since the development of the General Plan, that vision was acknowledged because in order for the City to succeed long term, there had to be another revenue stream other than residential to maintain City services. If you look at the Zoning map, the far east end of the City has been designated as Resort Commercial because none of the traffic is going to be going through any of the neighborhoods. It is consolidated in those areas for a reason. Two-thirds of this property is already open space and commented that they need to keep this in perspective. Council Member Mehr shared the concerns that were shared in the Public Hearing regarding the employee housing potentially being built where there are water issues, as well as the concerns with traffic. He agreed that this proposal is different than the first proposal and stated that this developer has a solid reputation. He also liked the concessions that the developer has agreed to. He would like to make sure that there is no street going onto Mesa Vista and that 400 South is not the construction gateway, rather, that access be from Snow Canyon Parkway at the horse roundabout and then look at the road that backs to existing property owners to bring that further south. This property is State owned land and there has been some very good due diligence and effort made and the City Council has the responsibility to help guide this project and make it the very best it can to fit in with the vision of Ivins City.
MOTION: Council Member Densley moved to approve Ordinance No. 2019-13, an Ordinance of Ivins City, Utah, regarding a General Plan Amendment to the Land Use Plan
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Densley |
AYE |
| Council Member Johnson |
ABSENT |
| Council Member Elliott |
ABSENT |
Roll call vote. All Council Members that were present voted in favor. Council Member Mehr clarified that he voted in favor because this is SITLA property.
There was a five (5) minute recess from 7:20 p.m. to 7:25 p.m. Mayor Hart reconvened the City Council meeting and it was back in session at 7:25 p.m.
Notice of Public Hearing
Proposed Amendments Summary
Revised General Plan
Bike Lanes and Trails proposed change
Cross-Sections
Map 1 General Plan - Land Use Plan
Map 2 General Plan - Sensitive Lands
Map 3 General Plan - Transportation Roadways
Map 4 General Plan - Trails Master Plan
Planning Commission DRAFT Minutes
Chuck Gillette indicated that this motivated by the sale of City owned property on Center Street. Before selling the property, the City would like to amend the Master Plan to make it clear to any potential buyer that there are road connections and a trail required. Mayor Hart opened the Public Hearing. There being no comments, Mayor Hart closed the Public Hearing.
Ordinance
There was no further discussion.
MOTION: Council Member Mehr moved to approve Ordinance No. 2019-14, an Ordinance of Ivins City, Utah, Amending the General Plan, Transportation Master Plan and Trails Master Plan per the PC's recommendations
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Densley |
AYE |
| Council Member Johnson |
ABSENT |
| Council Member Elliott |
ABSENT |
Roll call vote. All Council Members who were present voted in favor.
Notice of Public Hearing
Application
Land Use Map
Zone Change Map
Planning Commission DRAFT Minutes
Staff Report
Map
Mike Rodriguez indicated that the property owner is requesting a concurrent Land Use and Zoning Amendment. The property is east of the Indigo Trails subdivision. Council Member Mehr inquired if it is their intent to build as this is being presented. Mike Rodriguez stated that it is and that the Planning Commission recommended unanimously to approve this. The home builders are also on board to start building homes. Mayor Hart opened the Public Hearing. Lance Anderson commented that they bought the property and would like to build what they're doing in Indigo Trails and then transition as the property gets closer to the Sage Cove development and the mechanic shop. Miley Clark resides on Indigo Way and commented that they moved into the Indigo Trails subdivision and requested that the City Council vote in favor to approve this. Mayor Hart closed the Public Hearing.
Ordinance
Council Member McDonald inquired if Lance Anderson owned the land all the way to Guy Lane. Lance Anderson clarified that he has an agreement to purchase that over the next few years. Council Member Densley inquired if Lance Anderson owns it personally. Lance Anderson stated that it was him and his brother. Council Member Mehr stated that it was a good idea to preserve that and not overrun it with high density. He appreciated their efforts.
MOTION: Council Member Densley moved to approve Ordinance No. 2019-15, an Ordinance of Ivins City, Utah, regarding a Land Use/Zoning Amendment and Zone Change by the above applicants
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Densley |
AYE |
| Council Member Johnson |
ABSENT |
| Council Member Elliott |
ABSENT |
Roll call vote. All Council Members that were present voted in favor.
Council Member Mehr - no report
Council Member McDonald reported that in response to residents struggle of not being able to get to know the candidates who are running for City Council, he and some other Ivins residents put together two candidate forums. They will both be held at Vista Elementary School, one on October 10th and one on October 24th. He encouraged the Mayor and City Council to check out the progress of the skate park. He referred to the recycling program and reported that it is all but dead but the district is having to fulfill the contract over the next 18 months. Because the recycling company filed a force majeure on them, the district had to find a new recycler and create a transfer station, which will take roughly 90 days. In the meantime, the material has to be taken to the landfill.
Council Member Densley remind the Mayor about the entrance sign. Mayor Hart indicated that he has ordered that through McArthur Welding.
Mayor Hart thanked the Heritage Days Committee for a successful event. He reported that on Monday, September 16th, he, Dale Coulam, Chuck Gillette, Terry Marten and Council Member Johnson attended a luncheon where Ivins City was given an award for water conservation. He commented that the Utah League of Cities and Towns meetings were very informative. Those courses are available on-line and he encouraged the Council Members to review those. He reported that has been invited to participate in a white-coat ceremony this Saturday at Tuacahn to welcome the Rocky Vista University students into the City.
Dale Coulam reported that a Conditional Use Permit application has been submitted for the Canyon Crossing development.
| D. |
Items to be placed on future agendas |