Staff Report
Application Conditions and info
PC Minutes 2019-07-30
PC Minutes 2019-10-15
PC Draft Minutes 2019-12-17
Traffic Study
Updated Prelim Site Plan
Mike Rodriguez reported that this site is zoned Resort Commercial and consists of 2.56 acres. It is located on the northeast corner of the intersection of Snow Canyon Drive and Snow Canyon Parkway. This project consists of three (3) multi-tenant buildings that includes a convenience store, two restaurants, an automotive self-service station canopy and additional retail spaces. The most intense of the uses is the automotive self-service station and that is allowed as a Class V Conditional Use Permit in the Resort Commercial zone. An application for a Class V Conditional Use Permit requires a recommendation from the Planning Commission after a public hearing before it goes before the City Council for final decision. Conditional use decisions are administrative actions. The City met with the applicant on a number of occasions and the Technical Review Committee (TRC) reviewed this proposed development and considered applicable standards for determining reasonable conditions. The TRC recommended numerous reasonable conditions be imposed to mitigate reasonably anticipated effects of the proposed project. Council Member McDonald inquired if this project meets all of Ivins requirements and rules. Mike Rodriguez indicated "yes". Council Member Elliott referred to the site plan and inquired if the restaurants are still planned. Mike Rodriguez stated that two are proposed. Dale Coulam referred to the allowed use and clarified that the allowed use is with reasonable conditions to mitigate adverse impacts. This project has gone through that process and there are now 28 conditions. The developer originally planned to have three (3) restaurants but that number was reduced due to ingress, egress and parking. There is one (1) sit-down restaurant planned and one (1) drive-thru fast food or coffee shop type of restaurant planned. The developer intends to build as if there were two (2) drive-thru restaurants but they would have to go through this whole process again to amend the Conditional Use Permit if they wanted to have two (2) drive-thru restaurants. The Planning Commission imposed a dedicated right turn lane off of Snow Canyon Parkway and that is reflected in the updated site plan. Mayor Hart thanked the Planning Commission for their thoughtful deliberation. He acknowledged receipt of a number of emails from resident voicing their concerns over different things and appreciated those. He suggested that the City Council focus on whether or not the Planning Commission has identified all of the serious areas of concern and whether or not these conditions have provided the mitigation the City Council would expect regarding that. Mayor Hart recognized that the applicant has tried very hard to comply with the requests that have been made. Mike Rodriguez agreed and commented that there has been quite a bit of discussion with the design team and they have complied and have been cooperative and receptive throughout the course of this project. Mayor Hart inquired of Mike Rodriguez if the applicant has addressed the issues brought up by the Planning Commission. Mike Rodriguez deferred to Chuck Gillette regarding the traffic and commented that the Planning Commission's discussions were delayed because they were waiting for the traffic study to be completed. Once that was received and reviewed, some recommendations were made and the applicant readily complied. Mayor Hart inquired of Chuck Gillette regarding traffic and parking. Chuck Gillette indicated that parking is governed by Ivins City Code and he was aware of individuals concerned that Ivins City Code may not be adequate as it relates to parking. It's hard to say until one knows if a restaurant is successful but Ivins City's Code is more restrictive on parking than surrounding cities and is based off of databases. A successful place will self-regulate with parking. Applicants meet what is required in Ivins City Code. Mayor Hart inquired if it would be safe to say that having a variety of uses further mitigates parking issues because of the varying business hours. Chuck Gillette stated "yes". Mike Rodriguez commented that the City looks at the proposed uses that are allowed, how many parking spaces are required and the size of the buildings. Ivins City Code requires more parking spaces than other municipalities and the calculations are all based on the proposed uses and formulas. Chuck Gillette indicated that the roundabout that is adjacent to this proposed development has a lot of capacity for traffic. The traffic study showed that whatever increases would be generated from this project does not reduce the level of service of the road. Mayor Hart inquired if that was the case for future traffic. Chuck Gillette stated that it was. Council Member Elliott indicated that there were a couple of things that stood out to her in the traffic study. The traffic appeared to be observed on a Wednesday in November. That corner goes up to Snow Canyon State Park and November is not a peak time for Snow Canyon. She commented that attendance number to the park in the month of April is double that in November. She did not know if there were any performances at Tuacahn on the day of the study and if it captured any evening performances at Tuacahn. Understanding the impacts of parking and traffic and are extremely important so the City needs to be cognizant of what is reasonably likely and what those impacts would be. Chuck Gillette referred to Snow Canyon State Park traffic and stated that the extra traffic of 40,000 visitors per month is a very small percentage of the traffic on Center Street. The big concern in terms of what Center Street is going to look like is the future, is how many roof tops there are going to be in Ivins in the future. Ivins is approximately 40-50% built out right now with approximately 10,000 residents. The current calculations are above 20,000 and he did not see any need to widen Center Street, even at build out. The Traffic Engineer addressed the issues and came up with solutions and mitigations the City would look for. He commented that traffic control pork chops could possibly be placed to prevent people from turning left out of the development onto Center Street but he couldn't think of any other mitigation. The applicant has a traffic study that says their development is not going to decrease the capacity of Ivins streets. Council Member Gordhammer referred to the Planning Commission's discussion when they recommended approval of this and commented that there was a question about the traffic study regarding bicycles. There was a request that bicycles be included but she could not find that in the traffic study. Chuck Gillette clarified that when a traffic study is done, it's based on how many trips are generated and it doesn't require that they look at the bicycle traffic. Center Street will remain a popular biking corridor he did not know what kind of mitigations could be done for safety for the cyclists. Council Member Gordhammer inquired if there could be signage for bicycle traffic or if the cyclist traffic could be routed to the other side to avoid the roundabout because there are time when there are an equal number of cyclists as vehicles. She would like them to think about ways to ensure cyclists safety. She also had concerns regarding parking and the spaces available. Mayor Hart commented that when patrons are turning to go into a commercial development, they are traveling at a low speed and that safety concern is mitigated. Regarding the cycling issue, he lives near the project area and see multiple times a day, the conditions at the roundabout. There are dedicated cycling lanes on both sides of Center Street and those dissolve as you approach the roundabout. Road cyclists use the travel lane and casual cyclists get off on the shared path and cross as a pedestrian. Dale Coulam clarified that under the traffic code, cyclists on the street are treated as vehicles so what the Mayor has described is proper and is not an adverse impact that requires a separate mitigating condition. The law also imposes a duty to yield to other traffic and that is a problem that is enhanced by bad motorists and bad cyclists. Council Member Elliott referred to the dedicated right turn lane and commented that it seemed to her to be the most dangerous interaction with the cyclists and inquired how long the deceleration lane was. Chuck Gillette stated it was approximately 250 feet. Mayor Hart clarified that that condition exists at every deceleration lane. The reason that a traffic study was required is because this is a complex situation and since none of the Council Members, Planning Commission members or staff are traffic engineers, the developer secured the services of a qualified and licensed engineer to conduct the study. He inquired of Chuck Gillette if the traffic study was an adequate study. Chuck Gillette indicated that it meets Ivins requirements and the individual who did the study is a professional engineer but Chuck doesn't see a lot of traffic studies so he doesn't have anything to compare it with. Ivins City has a list of requirements and those have been met. Council Member Mehr stated that a lot of work has gone into this and it may be helpful to read the requirements and recognize what has been addressed. Dale Coulam reviewed the 28 conditions for this project, those being: 1) Incorporate presentation materials so that there's no deviation from what's been presented; 2) the proposed convenience store is not to exceed 3,000 square feet; 3) the canopy associated with the gas pumps/islands cannot exceed 2,500 square feet; 4) no servicing, repair or maintenance of motor vehicles and similar; 5) addresses drainage; 6) mitigates unsightly things like utility meters and other equipment and identifies that those will be located on the north side of the building; 7) all buildings in the project shall be sprinkled and have a FDC on each building at locations as specified by the Fire Chief; 8) two fire hydrants shall be installed on the project site at locations specified by the Fire Chief; 9) fire suppression hoods shall be installed when required and the units on the roof shall be screened from view, colored to match building colors and not be reflective; 10) deliveries are to enter off of Snow Canyon Parkway and exit onto Snow Canyon Drive, provided the delivery trucks are able to negotiate the round-a-bout; 11) no deliveries are to be made earlier than 8 a.m. or later than 6 p.m. unless the beepers on the delivery trucks do not sound; 12) no outside seating for the restaurants unless there is sufficient parking verified by a parking study; 13) hours of operation shall be no earlier than 5 a.m. and no later than midnight; 14) landscape buffers must be installed along Snow Canyon Parkway to screen parking spaces; 15) the detention basin shall be landscaped; 16) three pedestrian access points into the project shall be provided and one of those must be ADA compliant; 17) no more than two restaurant uses; 18) right turn lane and deceleration lane added; 19) exterior lighting to be "Night Sky Compliant", meeting the City's current lighting ordinance; 20) outdoor lights are to be reduced/dimmed after midnight to only security lighting; 21) only one monument sign is allowed for the project and other signage shall be on the front of each building over each commercial space; 22) all signage has to comply with Ivins City Code, particularly as to size and lighting; 23) no signage or wrapping on the canopy over the fuel pump islands; 24) vents for fuel storage tanks will be located on top of the canopy; 25) installation of utilities within the project will be addressed in the construction plans; 26) any HVAC equipment on roof tops shall be screened from view from public streets; 27) a trip study is to be prepared and submitted to the City for review/approval showing the number of trips generated by the project and that may trigger the requirement for a traffic impact study; and 28) buildings have to stay within a 15 degree view angle from Snow Canyon Parkway as required and defined in Ivins City's code.
Mayor Hart inquired if the Council regards the conditions as sufficient and if not, what additional recommendations need to be made? Council Member McDonald inquired what the process was to change the conditional use. Mike Rodriguez clarified that it would be an amendment to the Conditional Use Permit and would require going through the whole process again. Council Member Elliott indicated that she has received emails from people and appreciated the efforts of the applicant to find a balance. She commented that she wasn't anti-development. Change happens and she respected the rights of private property owners to develop their land but she had a few issues with the proposal and stated that in general, this proposal is inconsistent with the expectations of the residents and visions of Ivins General Plan. She did not think that with respect to this particular parcel and looking at the zoning map, the City would envision this type of use on that parcel but apparently it has been in Ivins tables since 2005. She suggested that the City Council should look at those. She was concerned that the traffic study did not address peak usage and that traffic had not been analyzed. She did not feel like she had enough information in front of her based on that. She was concerned about bicyclists and their safety and would vote to get more info before approving this. Council Member Johnson appreciated Council Member Elliott's research. She commented that a lot things that have been a concern for this property, will be a concern regardless of what type of commercial business that goes in on this property. Council Member Elliott needed more information regarding parking and the traffic study addressing peak usage times. Council Member Johnson inquired where the City would obtain a more detailed parking study. Chuck Gillette commented that he could provide data tables and manuals on trip generation and possible manuals on parking tables and databases but purchasing those books would be expensive. Mayor Hart inquired of Dale Coulam if the City could require more parking than Ivins ordinance requires. Dale Coulam stated that it would complicate things and that deviating from the ordinance may expose the City to potential liability. Ivins City Codes take into account standards listed for a condition and the applicant has met those minimums. He did not see a legal standard to turn the applicant down. There has to be a very specific, adverse condition and not just that it's a gas station or potential issues regarding bicyclists. The Council then has to find that there cannot be any reasonable condition imposed to mitigate that specific adverse impact. That is the only legal basis to deny a Conditional Use Permit. Council Member Gordhammer inquired of Chuck Gillette if a simulation of the development would help them understand the potential issues with the parking. Chuck Gillette commented that he has never seen such a simulation for this situation. The Traffic Engineer prepared the traffic study and that's what a traffic engineer does and they have made their recommendations that meets Ivins requirements. Council Member Gordhammer referred to driving down to one of the buildings and if there are no parking spaces, one would need to backup but there may be a line of cars behind them and then they're not able to backup. Chuck Gillette stated there could be an argument to require a turnaround. Council Member Elliott commented that she needed more information. Council Member McDonald inquired if this project meets all of Ivins requirements as currently stated and every condition put on the project at this point. Mike Rodriguez indicated that it did. Council Member McDonald stated that the Planning Commission worked diligently on this he was in favor of the Planning Commission's recommendations. Council Member Mehr appreciated the efforts of the residents in bringing their concerns to the City and commented that those concerns appear to be addressed. The views and beauty are being protected and the project complies with Ivins ordinances. He didn't want to see a gas station on that corner but stated that it is an allowed use that was reviewed by the Planning Commission and City Council back in the day and the applicant has the legal right to do that and has made a good faith effort to address concerns. Mayor Hart referred to the General Plan and commented that as the vision is established, that translates into actual ordinances. If there's a failure here, it's probably back when that General Plan was reviewed and this specific corner addressed. If that corner should have been given a different zone and uses, that didn't happen and that's not the applicants fault. The City is obligated to be fair in their decision here. As a developer, the first thing he does is review the ordinances of the City where he may develop. In this case, there were a lot of other conditions that were requested of the applicant and he has complied. Mayor Hart personally sent to the developer, the Scottsdale, AZ ordinance for this type of development. Mayor Hart commented that there is one request from Council Member Elliott to request additional information for some type of a parking study. Chuck Gillette commented that the databases could be re-done but he didn't know if that would matter because for a restaurant, it's a high and low number and Ivins ordinance already picked a point. The one thing the City Council could consider is that a turnaround could be imposed for that corner of the parking lot. That would eliminate two to four parking spots for a turnaround. Mayor Hart inquired if the turnaround eliminates parking spaces, would the parking spaces fall below the minimum requirement? Chuck Gillette stated that there are five extra parking stalls so the site plan would not have to change.
MOTION: Council Member Mehr moved to approve the Planning Commission's recommendation to approve a Class V Conditional Use Permit for Canyon Crossing, with a List of Conditions, to include the additional amended condition the Council just gave, which is to reserve a parking space for some kind of turnaround for vehicular traffic, cars, automobiles, located at approximately the corner of Snow Canyon Parkway and Snow Canyon Drive. RAD Properties, LLC-Owner, Sam Patel/Dixie Property Management, LLC-Applicant
SECOND: Council Member Johnson
VOTE: The motion carried.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
NAY |
| Council Member Gordhammer |
NAY |
Staff Report
Chuck Gillette reported that this is included in the budget planning and Staff received one proposal from Horrocks Engineers. They were the Engineers who completed the Master Plan in 2016. After reviewing the proposal, Staff recommends selecting Horrocks Engineers and approving an expenditure of $60,000, which included a $3,000 contingency for unforeseen expenditures. Ivins City will be reimbursed $100,000 for the projects with 50% from the Community Impact Board grant and 50% from the Dixie MPO (Metropolitan Planning Organization).
MOTION: Council Member Mehr moved to approve trim the $3,000 contingency and put that towards future Ivins City projects and fund the $57,000 at the bid
SECOND: Council Member Gordhammer
Chuck Gillette clarified that the City cannot take that grant money and spend it on something else. The motion failed for lack of a majority vote.
MOTION: Council Member Elliott moved to approve the request as written
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Gordhammer |
AYE |
MOU
Mayor Hart reported that Ivins City is a managing partner in the Reserve from the beginning with former Mayor Chris Blake. That allows Ivins City to sit at the table and to participate but this Memorandum of Understanding does not give support for the Northern Corridor. Council Member Elliott commented that Ivins is a cooperating agency and inquired with that, if there were any obligations for the City. Mayor Hart stated no and indicated that an environmental study is being done and ultimately the Division of Fish and Wildlife will make a determination on that. There has been a major effort by Washington County to provide land to add to the habitat, in exchange for mitigating the Northern Corridor but there has been a lot of resistance to that.
MOTION: Council Member Johnson moved to approve Memorandum of Understanding for Ivins City to be a Cooperating Agency in the preparation of the Environmental Impact Statement for the proposed Northern Corridor Highway right-of-way
SECOND: Council Member McDonald
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Gordhammer |
AYE |
Staff Report
Chuck Gillette reported that the City Council has approved a new standard for street lighting and the new standard requires that Ivins City purchase street lights and provide them for new development. Several existing subdivisions need to install lights and have been waiting for the new standard.
MOTION: Council Member Mehr moved to approve expenditure for streetlighting at various locations in Ivins City
SECOND: Council Member Gordhammer
VOTE: The motion carried unanimously.
| Council Member Mehr |
AYE |
| Council Member McDonald |
AYE |
| Council Member Johnson |
AYE |
| Council Member Elliott |
AYE |
| Council Member Gordhammer |
AYE |
Staff Report
Hip and Sail info
Drawings
IKO
Quote
Benny Sorensen reported that the current structure was installed in 1996 and is well beyond the warranty use of 10-15 years. It also does not have a shade canopy and what he's requesting to be purchased, includes shade for the playground. Council Member Mehr inquired if they are just replacing what's there and if the swings will remain. Benny Sorensen indicated yes and clarified that the total purchase price is off by $134 and requested that be included. Council Member McDonald referred to the shade canopy and inquired with the heat, if those will last for 10 years. Benny Sorensen stated that they are warranted for 10 years. Council Member Elliott indicated that the trend for playgrounds is for all abilities type of structures and especially with the new City Hall, she would like to see some all abilities components. Benny Sorensen stated that this project would fill the space but he can look at those things. Council Member Mehr inquired how much of a hurry the City was in to purchase this equipment. Benny Sorensen indicated that the company has held the discounts so he could obtain approval from the City Council so that it can be ordered and installed by March before it gets too hot. Mayor Hart stated that all abilities equipment is specialized and expensive. Benny Sorensen indicated that he will look at those for future designs.
MOTION: Council Member McDonald moved to approve to purchase a replacement play structure and shade structure for Ivins City Park, to include an additional $134
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 Gordhammer |
AYE |
Resolution
Dale Coulam reported that this is similar to what occurred with the prior Director of Finance Wally Ritchie. After Wally had been here for a year, he was acting as the Administrative Services Supervisor and then appointed as the Administrative Services Director. Lane has been an excellent job supervising and recommended that Lane Mecham be appointed as the Administrative Services Director. Council Member Mehr inquired if there would be an increase in pay and if it was in the budget. Dale Coulam stated there would a 2% increase associated with the appointment and that it was budgeted for.
MOTION: Council Member Elliott moved to approve Resolution No. 2020-01R, a Resolution of Ivins City, Utah, appointing an Administrative Services Director
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 Gordhammer |
AYE |
Roll call vote all in favor. All Council Members voted in favor.
| A. |
Approval of City Council Meeting Minutes for January 6, 2020 |
Minutes - DRAFT
MOTION: Council Member McDonald moved to approve the Consent Agenda
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 Gordhammer |
AYE |
| 7) |
CONSENT AGENDA ITEMS FOR DISCUSSION |
Council Member Gordhammer - no report
Council Member Elliott reported that she attended the Economic Summit and indicated that it was excellent
Council Member Johnson reported that she attended the Economic Summit as well and agreed with Council Member Elliott
Council Member McDonald - no report
Council Member Mehr - no report
No report
Dale Coulam reported that Ivins City has assigned emails to the Mayor and City Council and had the idea to place those on the website. IT Services has informed the City that they have removed Staff emails from the website and will not be listing the Mayor and City Council emails but will provide a "Contact Us" button for each Council Member and the Mayor. Placing those emails on the website opens the City up to spam and hacks so it is a security issue. Because those emails are City email addresses, if someone calls in and asks for the Mayor or City Council's email information, Staff will provide that information to them. There may be some increased security in the new City Hall to address this but Ivins current servers do not have that. Other municipalities and corporations have also moved to the "Contact Us" page rather than direct emails on their websites. Council Member Elliott requested that each person have an individual "Contact Us" button. Council Member Mehr inquired what could be done if a Council Member does not want to use the City email and would like to use the one they are currently using. Mayor Hart and Council Member Gordhammer commented that a forward can be set up so that the emails to the City email address is forwarded to their preferred email address. Dale Coulam referred to the Arts Commission and indicated that when that was established, it was established by Ordinance and the initial group was appointed 2 year terms, all expiring at the same time and those are expiring on April 1st of this year. The Arts Commission has suggested that the terms of the members be staggered. That would require amending the Ordinance and then re-appointing the Commission Members by Resolution. The Mayor and City Council agreed. Dale Coulam indicated that they will need to go into a Closed Meeting to discuss the pending sale and any potential for backup offers on City property on Center Street and to discuss strategy regarding that.
Council Member Elliott requested that the City re-examine the Table of Uses, especially in the Resort Commercial areas. She requested that the Planning Commission start that process.
MOTION: Council Member Gordhammer moved to adjourn this open meeting and enter into a Closed Meeting, to discuss the sale or real property, pursuant to Utah Code Section 52-4-205(1)(e)
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 Gordhammer |
AYE |
The open meeting adjourned at 8:43 p.m.
Respectfully,
Kari D. Jimenez, MMC
Ivins City Recorder