Dale Coulam stated that this is the City's property just east of the church on Center Street. Palisades is directly to the north. Existing residential is on the eastern boundary. Currently we have listed that property for sale and have a primary offer and a back up offer. The primary party has submitted a conceptual layout seen here which provides for a buffer of R-1-10 along the existing residential. Palisades to the north was a planned development and even though it shows on the zoning map as RE-25, it says PD after it, meaning the lots can be varying sizes, so if we were to zone this now, it would have to be zoned as R-1-10. To the east, this existing development is RE-15. The Hart family originally owned this property and on their approved preliminary plan back then, and on the development agreement recorded with that, you can see the lots to the north were larger lots, and as they come down, they get smaller and smaller until they get down to proposed patio homes. At that time, there was no trail and landscape buffer along the east side like now exists. Under this proposed layout you will see the trail and buffer will continue down the east side. The Hart family original preliminary plan is no longer effective, because it expired, so in essence there is no zoning on this parcel. We no longer have a Planned Development zone anymore under our current zoning ordinance. The developer would have to give up land and develop a trail to connect to Center Street and that would finish off this trail all the way up to the trail along the dam. Also required is street access connecting Palisades with Center Street. With that in mind, it restricts the layout a buyer of the property can do. One other key difference is the Hart family preliminary plan showed small cul-de-sacs, and our current fire code has adopted an appendix which requires 96 ft diameter cul-de-sacs. What a developer will be required to do then is have a road along the north and south and one on the west and east and try to connect it in such a way that it creates lots. Under the Hart family preliminary plan they would be patio homes right up to the boundary. When you connect these roads, you end up with 7500 sq ft lots and 10000 sq ft and larger lots with smaller lots in the middle to connect up. Those end up being in less than 7000 sq ft so this layout is proposing a combination of R-1-10 and R-1-7.5. So in order to achieve that layout, it would require lot averaging. The primary offer was conditioned upon medium density zoning. In order to meet the due diligence requirements, the City submitted an application for a land-use of medium density and this would have to be done in any event. We really need a zone to effectively market this property for sale. R-1-10 is the middle zone in medium-density residential. The primary offer is proposing 53 lots and there were about 45 under the Hart family's preliminary plan. Commissioner Lance Anderson inquired on cul-de-sacs if they are 150 ft or less they can use the smaller cul-de-sacs. Chairman Bryan Pack inquired how has the trail requirement been preserved? Dale Coulam stated that previously we had an offer during the summer where Vista School wanted to acquire this property and attempt to swap it with the property owner directly to the north of them but it became apparent whomever we sold it to may not be who developed it. We couldn't just add conditions to the offer. We amended the Transportation Master Plan and Trails Master Plan to include these required connections. Chairman Bryan Pack opened the Public Hearing. Claudette Larsen stated that there is concern about traffic at Vista School and if you have 50 plus homes with cars coming out, can they have further space between Vista School traffic and Center Street? Dale Coulam stated probably not because the existing development to the east has a street coming down and connecting with Center Street. This is consistent with the layout of the Transportation Master Plan. Paul Bryson stated he is also concerned about the traffic on Center Street and Park Avenue Way traffic. He doesn't believe the City is working well with the police department in solving the problem. Cars are stopped in a moving lane of traffic on Center Street. Vehicles are stopping in a no-stopping zone and making turns across two moving lanes of traffic into the school, yet they write tickets for parking violations. You will have an increase in vehicular traffic in this area having this development. He knows Vista School is going to put a street in the back that goes across to 400 and which they believe will resolve the issue. Putting a street in the back still does not resolve the issues on Park Avenue Way where vehicles are cutting in front of cars in active lanes of travel to get into the school. If they were directed up 400 and across 200 and down Park Avenue Way there would be no problem. Myrna Craig stated she is a resident of Palisades at Snow Canyon. She inquired if they had fire approvals and if the fire department has looked at the plan to be able to get fire trucks in and out? Dale Coulam stated that doesn't happen at this stage, that is at Preliminary Plan, but yes the street would meet our fire requirements. Myrna Craig stated that she presume there will not be access to Palisades at Snow Canyon because we are a gated community. Dale Coulam stated that is up to the developer if they want to gate that off. Myrna Craig stated that we would want to make sure there is no access to Palisades at Snow Canyon. We have recreational amenities, clubhouse, sports courts, swimming pool and absolutely would not want people from those homes to be included in our development. She inquired if there was one general developer buying the property? Trail access will be extended. Will they be able to go up and through out particular development? That should not be allowed. Dale Coulam stated it is a public trail so yes it will continue all the way up. Myrna Craig inquired with the ingress and egress up to Center Street, this will not be a gated community? Dale Coulam stated again this is not a Preliminary Plan. This is just zoning. They are not required to do this, but they submitted a conceptual plan. Myrna Craig wondered if there would be an HOA? She stated she wants these questions brought forward and she is happy to meet with the developer and give them any information that they need. We are a high-end community and Palisades at Snow Canyon. Steve Cottam stated that it appears the overall density would be about 3.4 homes per acre. That seems reasonably low for density and he favors lower density wherever possible. The proposed developer, the offerer, needs to build so many homes so that he can afford to buy the property. Do lots of 6000 sq ft allow reasonable sized homes given the required side setbacks. As far as zoning, he would be in favor of the proposal. Jane Jensen inquired if Palisades gates the upper road then there is only one ingress and egress into this facility. Dale Coulam stated that they may be required when they come in with a preliminary plan to put in an emergency access like a crash gate and it depends on the number of homes being built. Jane Jensen stated that she would like to echo the comments on traffic and looking at the long-term effects on Center Street. She has been here 10 years just off of Center Street and across from the school on Puerto Drive and the effects from traffic have been absolutely horrible from when they bought here. Justin Aucoin stated that he developed the upper Palisades and is doing his best possible to keep the traffic away from Palisades. He wondered where the crash gate would go, there is no way to put one in there. It would have to go to Park Avenue. To protect the interests of the current residents, there is no way we could allow them access to the clubhouse. It will be gated and there will not be any of those homeowners allowed. We are going to have to create some kind of a buffer between the Palisades and this property. The proposal was supposed to have a landscape buffer so you can see a definite break in the line. According to the developer he is going to try to sell $350k and $400k homes and our homes in the upper Palisades are 1, 2 and 5 million dollar homes. We need to create a landscape buffer. He has an old plan that showed that landscape buffer and can bring it into the office. Dale Coulam stated that this is zoning. A landscape buffer would be on a Preliminary Plan, but he is not aware of any restriction on the City property. Justin Aucoin stated they could put an access road out of the community. Get rid of one or two lots to get access on both sides to protect the interest of everyone in the Palisades. CJ Coharcheck stated that 50 plus homes with two cars per house are 100 cars lined up trying to go to work in the morning or take their kids to school with one entry and exit and if one is gated it does not seem like a good idea. Public Hearings occur when there is a zone change to be considered, and by the time we see the plan there is not an opportunity for feedback. Dale Coulam stated that zoning does not require a plan be submitted with it at that time. This potential buyer submitted a concept plan so you have something to get an idea of what they are thinking about. Preliminary Plan has a Public Hearing to discuss the development. Paul Bryson inquired that he would like to know if there is an existing traffic study for this development? Dale Coulam stated there may be one required as part of their Preliminary Plan process. Paul Bryson stated since the original zoning no longer applies and also had a 30 ft buffer along Center Street. Will that remain? Dale Coulam stated it would also be part of the Preliminary Plan. There are setback and buffer requirements but that will be addressed at the Preliminary Plan. Robin Valline stated thank you for all the information. He wanted to add one more topic to consider in your zone change and that is the height. In Palisades we have consistently kept it at 17 feet and he would hope the developer may work within those parameters as well to preserve views and enhance everything else that has been developed. Hearing no further comments, Chairman Bryan Pack closed the Public Hearing.
Chairman Bryan Pack stated as a zone change and general plan amendment he is in favor and it does preserve the buffers. Let's go through concerns raised here, but note that most of them are more appropriate concerns for the Preliminary Plan and a lot of them have and would be addressed by our codes and ordinances that restricts certain types of things. For instance, the need for a second access has a requirement for that. Traffic is a large concern but he is not sure how relevant it is at this point. Dale Coulam stated that a traffic study would be part of the Preliminary Plan, but the number of homes is a density question and that is zoning. Do you think a medium density residential land use is appropriate and then consider what zone or zones within that. Chairman Bryan Pack stated that he would be okay with this density for this parcel. It makes sense to do that here. Building height is addressed by code. Commissioner Lance Anderson stated that if we go to a lower density, like Cliffrose for an example, then it becomes a negotiation. Dale Coulam stated that is a Subdivision Enhancement Overlay and this is requesting lot averaging. Commissioner Lance Anderson stated yes but when we decrease the density, then they have to come in with a bonus to increase their density. One of those bonuses could be if they keep it single level homes, then we will give more density. Chairman Bryan Pack stated so you suggest denying this or grant it for a lower density and have them come back in for a Subdivision Enhancement Overlay. Commissioner Lance Anderson stated if we want to control subdivisions more to achieve what is around it, and don't want such high densities, then we ask for a Subdivision Enhancement Overlay and that way they end up with same densities, but we can control height, color and parks. Then we can identify the things that are important to us for that area. Chairman Bryan Pack stated Fire Department approval would come through at Preliminary Plan stage and so would the gate and Palisades would do that and is not a requirement on this particular developer. Whether it stays one developer or multiple developers over time, we wouldn't know. Once it is sold, it is their property right to sell it off. The Trail Master Plan is a public trail going up through the property. He is willing to listen to other proposals as an alternative. Commissioner Lance Anderson stated that how our zoning works, is you take the whole parcel and times it by 80% and divide it by the zone, which is R-1-10 so 54 lots. To get smaller lots only 13.5 of them can be less than R-1-10. RE-12.5 allows 45 lots. He has come to the conclusion that if you take the traffic aside, Cliffrose is a good example. When you drive around it, there is a lot of space on the outside and inside the lots are actually 8000 sq ft. That doesn't bother him because all the landscape is on the outside. Normally, our roads can handle the zones that we put there. His opinion is that the zoning should be at 45 because that is what people perceived. Now we are talking 53 lots and R-1-10 could get them 54. Chairman Bryan Pack inquired so are you suggesting going RE-12.5 and require them to come back in and get a Subdivision Enhancement Overlay? Commissioner Bob Morris stated that he has no issue with the way it is being proposed. People that are buying homes know what they are getting. He lived near the Hollywood race track and he remembers the traffic. It is unfortunate and an inconvenience but it is part of growth. He does want our children to get educated and have schools in our community, so he bears the inconvenience the traffic causes. Commissioner Lance Anderson stated that Vista School stated early on that there wasn't going to be any traffic on that road. We have the problem because we put a school in there. It was going to be on Kwavasa and it was too far out for them. It morphed as it changed. That is not these developer's problem. It is Vista School's problem. Chairman Bryan Pack moved to approve. Commissioner Bob Morris seconded the motion. Commissioner Lance Anderson voted nay. Motion failed. Commissioner Lance Anderson stated he thinks with RE 12.5 and R-1-10 zoning they could get 49 lots on there. That is compromise from 45 and 53 lots. That is his proposal and City Council gets the ultimate say. Dale Coulam stated when we first considered listing the property we had 47 lots with R-1-10 and it took combo of R-1-7.5, approximately half, to get to 47. They laid out a different concept with the roads then. When we approved Palisades at Snow Canyon there was a negotiation of some property, so the northern boundary has changed. Commissioner Lance Anderson stated that he would like to make a proposal to move it on to City Council. Dale Coulam stated this is a legislative decision and you consider it and you make the recommendation to City Council and they will hold a Public Hearing and make a decision as they see fit. Staff is just here for information. Commissioner Lance Anderson inquired that he would like to move ahead with his proposal, but does it mess with the timing of the proposal? Dale Coulam stated they have a due diligence deadline of March 30th but you should do what you think needs to be done. Staff is not trying to sway one way or the other. We are only here to provide facts.
MOTION: Chairman Bryan Pack moved to approve recommendation of approval of the proposed Concurrent Land Use from LDR (Low Density Residential) to MDR (Medium Density Residential) and a Zone Amendment from RE-25 PD (Residential Single Family, Planned Development) to a combination of R-1-10 (Residential Single Family, minimum lot size 10,000 sq ft) and R-1-7.5(Residential Single Family, minimum lot size 7,500 sq ft), and lot averaging. Located at approximately 750 E Center. Ivins City-Owner/Applicant.
SECOND: Commissioner Bob Morris
VOTE: The motion carried.
| Chairman Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
NAY |
MOTION: Commissioner Lance Anderson moved to approve recommendation of the proposed Concurrent Land Use from LDR (Low Density Residential) to MDR (Medium Density Residential) and a Zone Amendment from RE-25 PD (Residential Single Family, Planned Development) to a equal combination of RE-12.5 (Residential Single Family, minimum lot size 12,500) and R-1-10 (Residential Single Family, minimum lot size 10,000 sq ft), with lot averaging applying to both zones. Located at approximately 750 E Center. Ivins City-Owner/Applicant.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Bob Morris |
AYE |