Planning Commission

Copy of the City of Ivins record for Planning Commission, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.

IVINS CITY
PLANNING COMMISSION
MINUTES
August 4, 2020
435-628-0606

1)	WELCOME AND CALL TO ORDER

Staff Attending: Dale Coulam-City Manager/Attorney, Mike Rodriguez-Building and Zoning Administrator, Lane Mecham-Director of Finance, Chuck Gillette-City Engineer, Sharon Allen-Deputy City Recorder.

Audience Attending: Dan and Jan Brown, Chris Haddad, Stephenie Nast, Steve Laski, Patrick Manning, CJ Koharcheck, Marcia DeLucchi, Alvin and Marilyn McCuistion, Jennifer Monrreal, Greg Cherry, Doug Wells, Ellen and Bill Wentworth, Brian and Kathy Sheffield, Nancy Leonard, as well as others that did not sign in.

Commissioner Lance Anderson stated he has items on the agenda; Items 4E, 4F, 4G, 4H and items 5D, 5E, 5F and 5G.

2)	REPORTS AND PRESENTATIONS --None

3)	BUSINESS LICENSES -None

4)	PUBLIC HEARING AND ACTION ITEMS—

Mike Rodriguez stated that they are proposing a zone change on 113 acres currently owned by SITLA. This has come to the Planning Commission and City Council previously. RE-37 is next to existing homes in Padre Estates. The blue sections showing on the map in the lower left and off to the right are R-1-7.5 as medium-density Residential zoning and red color is being proposed as Resort Mixed Use with Multi-Family, and Community Commercial as the zoning districts. Patrick Manning is available to answer any questions. The exhibit is what the applicant is proposing for new zoning. City Council wanted lower density on the top portion and the same type of zoning in the other quadrant. The remaining portion is Resort Mixed Use. Chairman Bryan Pack stated it is currently RA-5. Mike Rodriguez stated that has been the holding zone. Commissioner Jeff Loris stated the land use plan looks like this right now. Commissioner Lance Anderson stated that yes the one he is looking at in City Hall matches that map. Chairman Bryan Pack stated the zone change identified is consistent with the land use on the current land use plan. Patrick Manning stated correct. Commissioner Jeff Loris stated that under Resort Mixed Use there is also Commercial and Multi-Family. Usually those are showing where they will be. Dale Coulam stated that the land use plan that was amended the applicant asked for all of it to be Resort Mixed Use and what was recommended and adopted by the City Council was Resort Mixed Use with a buffer of Low Density Residential along the north at Mesa Vista and Medium Density Residential along the south and southwest. RE-37 is a zoning district within Low Density Residential and R-1-7.5 is the highest density allowed in Medium Density Residential. Resort Mixed Use is the only zone that can be assigned to a Resort Mixed Use land use, but they need to identify the components that make up that mixed-use, so a blend of Commercial and Multi-Family were requested. However, the Table of Uses has now been amended to make Resort Commercial more restrictive, for example it would prohibit a gas station where C-1 would allow it. So it would be within the legislative authority on recommendation of this body to determine what commercial use and residential use will make up the Resort Mixed Use in that whole area. Movara is a Resort Mixed Use made up of C-1 and Multi-Family. The development to the West is the exact same zoning. You can see how flexible Resort Mixed Use can be. It is the closest thing we have to a Planned Development with a commercial and residential element, but it is not designated specifically what those components are. This will have a Public Hearing before both bodies and a project plan with the Mixed-Use. Planned Development is required for mixed use. They would also still need a site plan and a Conditional Use Permit, much like what happened on the resort. Commissioner Lance Anderson stated the little piece outside the bubble is that part of SITLA. Dale Coulam stated no, but it is part of the applicants property. Patrick Manning stated that over the past year he has met with over a hundred Ivins residents. Throughout that process trying to balance being the development partner of SITLA and their desire to monetize the land and maximize returns for the public education system the but also designing this in a way that pays respect to the existing residents is how we came up with these zones. Those zones on the perimeter exactly mirror the zoning of the neighbors. After meeting with some residents recently, he has heard concerns and is willing to stipulate that in the residential zones, they will be single story and flat roof to best protect views the best we can. He and Kyle Paisley with SITLA committed to walking some backyards to position with our civil engineer those lots as best as possible and we are committed to one-story and flat roof, which is consistent with what we already do on the other project. Most of you know that from the north side, that property slopes drastically and the reason we are moving the spa and any commercial components down to that southeast corner is just to make it harder to see. It is probably 80-100 feet below where the RE-37 is. We turned the workforce housing into normal residential. We listened and accommodated as best we could. We also moved the Western Corridor off of the property line for the residents and pushed it south. Chairman Bryan Pack opened the Public Hearing and stated that we have had a number of comments by email. Mikel Hugo, Sharon Barton, CJ Koharcheck, Regina Roper, Kent and Irene Day, Cheri Bretonbach, Shirley Herrud, Chris Haddad, Boris and Veronika Derugin, and Mark and Laurie Padgen. This is our first chance to review this as well, so let's open the Public Hearing and it is to inform the Commissioners of new information, so if someone else says your issue or point don't duplicate that. This is not a question and answer session. If you have questions we will make note and hopefully have the applicant back up to answer those questions. CJ Koharchek lives on Puerto and asked to see the proposal map on the screen. She stated it is imperative that the City gets this right because once the zone is changed we will not get a do-over. She is glad to hear Chairman Bryan Pack say that he is taking his time reviewing this because there are no guarantees. If we get this wrong it could be a real mess. She is concerned about the landlocked access to this property. There are quiet residential neighborhoods all around it and then the lava flow so access to this piece is really tricky if we don't want to overload 400 and Puerto. We don't want a thousand cars on that road going 40 mph which is what the math works out to. The triangle piece between 400 and Puerto, that open space is a sandstone cliff and adjacent to it on the Puerto side is drainage. When you get down to 400 there is an aquifer within a few feet of the surface. The neighborhood south of here has had numerous problems with water over the years. She suggested that the City consider making that corner open space because of the challenges with the drainage. Because it is so lush, there is a lot of habitat for desert creatures we share the land with. Sharon Barton lives on Mesa Vista Drive and she emailed and hand delivered a memo, where she invited the Commission to walk the 113 acres with her. The General Plan does not have the map that is being reflected on the screen tonight. This discussion has been going on for 3+ years and the understand SITLA's desire to develop the land and the need for it to be profitable. In May of 2020, Gardner Plumb purchased the 15 acres at 750 East and Center Street after it was rezoned RE-12.5 and R-1-10 and they will be building 40 units which equals 2.6 dwellings per acre. Approximately 80 more cars on our street. Patrick Manning and SITLA are proposing 5.5 dwellings per acre, well over 1200 cars on Ivins streets. We are potentially exposing Ivins to more than a 10% density increase over our current population in one parcel of land. It is so important to get this right. it is our concern that the City will lose control over how the land is ultimately developed. She would like to suggest that developers be required to submit plans before any rezoning is approved, particularly multi-family, commercial, overnight rental and mixed use. Hearing no further comments, Chairman Bryan Pack closed the Public Hearing. Patrick Manning stated that we are familiar with the water table. No analysis has been done yet, but if the water is as people say, we have no desire to build on that area anyway. Regarding traffic, SITLA has an agreement with the neighboring Black Desert to access its property from the horse roundabout which will connect to the Western Corridor and Red Mountain extension. He is not a traffic engineer, but he does not see a purpose for people leaving SITLA ground to go to Puerto. 400 South he has been told by Chuck Gillette that the City will connect it and that they want to connect it.

Chairman Bryan Pack stated that while we may have discussion here, he would like to wait on a recommendation to go through emails. We have reviewed this before on the land use plan so this is not new to us. Commissioner Doug Clifford stated he did read through the emails he received, and the traffic congestion that could be there deserves a look at traffic flow. Not a lot has changed from their view of the land use, and quite a bit of the land is unbuildable and should be left as open space. We are early in the process and until we see a project plan showing the percentages and which zoning will be applied for it is hard to tell. He was a little surprised to see the R-1-7.5 He thought they were going to be aimed at higher-end upscale developments. It needs to reflect that same scale as Black Desert. Chairman Bryan Pack stated his issues listed from the Public Hearing were access, open space, density and control of the Mixed Use. Drainage would also be one. Which ones are at this stage or will be discussed and resolved at a later date or do we give up control on those issues? There will be engineering on drainage and if it is unbuildable, no matter what the zone is, then it wouldn't be built. Mike Rodriguez stated that drainage, traffic, all those will be addressed before approvals are granted and they will have all their studies completed. Chairman Bryan Pack stated that City Staff would have the control or remedy needed if there is a problem. If something comes back on the traffic study for instance, if more traffic is on Puerto than is reasonable they would need to adjust that. We are not giving that up at this stage, are we? Mike Rodriguez stated no we are not giving that up. Any issues coming up will be addressed. Traffic solutions would be wider roadways or access points or a variety of ways. Chairman Bryan Pack stated and regarding mixed-use, this will come back for a plan review. What type of control do we have at that stage, if at that point we say we don't want multi-family in a particular spot, do we have the ability to say we want that moved? Dale Coulam stated that Planning Commission and City Council have control and discretion when it comes to zoning and the zoning is a density issue which effects the amount of traffic. On the mixed-use application it is within the Planning Commission and City Councils authority to say that we are not going to approve the zone change until we have the project plan. It needs to go through the same process. Chairman Bryan Pack stated so density and mixed-use are really the questions for us at this stage. Commissioner Jeff Loris stated that he did an aerial measurement of the areas and RE-37 has almost 300 feet of yellow there before Puerto and the mixed-use starts. In most subdivisions that is 6 to 8 lots in 300 feet in an RE-37. It matches the subdivisions on the other side and this is the buffer that we requested. They are following exactly what the City wants them to do. Regarding the mixed-use, Patrick Manning has stipulated that they are holding to a single level, and Entrada has a maximum height of 15 feet. It gets put in the Conditional Use Permit and he has already stipulated to that element. Dale Coulam stated in the project plan yes, but in the Conditional Use Permit it makes it look like we are imposing it. Those restrictions the developer voluntarily offers should go into the project plan. Chairman Bryan Pack inquired do we need to approve a project plan along with the zoning? Dale Coulam stated you can approve the zone since there is only one zoning designation and do the project plan later or you could wait for the project plan and see what the mix is going to be. The difference between General Commercial and Resort Commercial is that Resort Commercial is more restrictive. Chairman Bryan Pack stated regarding the stipulation of single story, say we recommend it to City Council and then this developer decides to sell and the new buyer doesn't want to do that, they want the height at 25 feet. Do we lose the ability to enforce that? Dale Coulam stated no it would require a zone change to amend the project plan, and a zoning issue is legislative. On R-1-7.5 it has been designated as a straight land use as medium-density residential and is not part of Resort Mixed Use, it would have to go in a development agreement which would be a contractual and binding obligation. Chairman Bryan Pack stated that at this stage, we can't rely on the developer doing single story. They may very well do it, and he believes they will, but we can't hang our hat on that agreement. Commissioner Lance Anderson stated remember when we did the land use change, we literally went around this property to make sure we could get the minimum, and the houses around there are also R-1-7.5. We wanted something that matched. We chose the RE-37 for same reason. That buffer was 300 ft because that is what we did around the Densley house. In the mixed-use make it so there is not another gas station in there. They have really done everything we have talked about in every meeting. Chairman Bryan Pack stated that he would like to move this to next meeting. Commissioner Doug Clifford inquired if there is an option to get the development plan with this and look at that the same time? Chairman Bryan Pack stated that the way he understands it, that works for the mixed-use because it requires a project plan. Residential does not require a project plan. He is not concerned about the project plan because only the mixed-use has that. When the project plan comes forward we will have discretion at that time. Commissioner Doug Clifford stated so really our only argument is the R-1-7.5 because we wanted a buffer. He would like to see this move forward. He is excited about what they are going to do.

MOTION: Chairman Bryan Pack moved to continue Discuss and consider recommendation of a proposed Zone Change of 113 acres from RA-5 (Residential Agricultural, minimum lot size 5 acres) to RE-37 (Residential Estates District, minimum lot size 37,000 sq ft) R-1-7.5 (Residential Single Family, minimum lot size 7,500 sq ft), and RMU (Resort Mixed Use District, Commercial and Multi-Family), located at approximately Puerto Drive and 400 South. SITLA-Owner. Patrick Manning-Applicant.
SECOND: Commissioner Lance Anderson

VOTE: The motion carried unanimously.

Chairman Bryan Pack opened the Public Hearing. Hearing no comments, Chairman Bryan Pack closed the Public Hearing.

Chairman Bryan Pack stated that on Conditional Use Permits, sometimes we see the materials being used. Dale Coulam stated they are available at City Hall. Chairman Bryan Pack stated this Conditional Use Permit will lock in that choice of materials. Dale Coulam stated not necessarily because we haven't bid it yet, but it will be substantially similar to these materials. Commission Doug Clifford inquired on the cost estimate? Mike Rodriguez stated it was just a tick over three million dollars was the construction cost for that. Chairman Bryan Pack stated that we are just acting as the body on the Conditional Use Permit so the City can move forward with the land use. He doesn't know that the cost is relevant to our discussion here. Just making sure the materials in our ordinance and that the conditions listed are followed. He has no issue with the Conditional Use Permit as long as the materials are substantially similar to what has been presented to the City Council. Mike Rodriguez stated that at TRC there was quite a bit of discussion regarding design guidelines and we did come to the conclusion that the rooflines and wall lines comply with our ordinances. Materials have been here at the park and at City Hall and we have shown some other renderings. Chairman Bryan Pack stated he has seen the renderings. As long as the materials are consistent or substantially similar with what has been disclosed to City Council, he doesn't have any concerns.

MOTION: Commissioner Doug Clifford moved to approve the Class IV Conditional Use Permit for Ivins City Hall, located at approximately 55 North Main Street. Ivins City-Owner/Applicant.
SECOND: Commissioner Bob Morris

VOTE: The motion carried unanimously.

Commissioner Lance Anderson recused himself. Mike Rodriguez stated that this is located at Hwy 91 and Crescent Moon Village and West of Crescent Moon Village. We don't make recommendation on zone changes. Lance Anderson stated that the Land Use Plan shows Commercial Light Manufacturing and High-Density Residential, and our High-Density Residential is R-1-5 and we are defining the legal for Commercial Light Manufacturing. We have met the criteria for the land use but we are just defining the areas for the zone. Chairman Bryan Pack opened the Public Hearing. Janell Kessler stated she lives in Kayenta and wonders what 5000 sq ft will look like because that is where she is looking at, in Willow Springs. She would like a definition before she makes an offer. Chairman Bryan Pack asked that she speak directly to the developer separately of this meeting. Mike Rodriguez stated that Commercial Light Manufacturing is artists workshops and studios, non-intrusive to the neighborhood. Hearing no further comments, Chairman Bryan Pack closed the Public Hearing.

Commissioner Lance Anderson recused himself. Chairman Bryan Pack stated he has no concerns. It looks like it is appropriate for this area. Commissioner Doug Clifford inquired what is the expected amount of Commercial Light Manufacturing of the 14.7 acres? Lance Anderson stated the Conditional Use Permit for the southeast corner has 16000 sq ft of storage when we made an agreement with the City on Firelake Park, and the other is the car barn and that type of various activity.

MOTION: Commissioner Doug Clifford moved to approve recommendation of a proposed Concurrent Land Use Amendment from HDR (High Density Residential) and CLM to CLM (Commercial Light Manufacturing, and Zone Amendment from RA-5 (Agricultural District, minimum lot size 5 acres to R-1-5 (Residential Single Family, minimum lot size 5000 sq ft) and CLM (Commercial Light Manufacturing) on approximately 14.718 acres. RT Marten, LLC-Owner. Kayenta Development-Applicant.
SECOND: Commissioner Bob Morris

VOTE: The motion carried unanimously.

Commissioner Lance Anderson recused himself. Mike Rodriguez stated these are located east of existing Mojave Mesa and it has digressive zoning RE-12.5, R-1-10 and R-1-7.5 and this extends the R-1-7.5 to the East. Chairman Bryan Pack inquired what is the land to the southeast? Mike Rodriguez stated that it is Sage Villas. Commissioner Lance Anderson stated he has an agreement to purchase that property from the School District and hopefully match the townhomes by Richardson's and work back up to the RE-12.5. He is trying to match those areas. Mike Rodriguez stated we had one email we received from the Derugin's to enter into the record. They are worried about it being more congested. Hearing no further comments, Chairman Bryan Pack closed the Public Hearing.

Commissioner Jeff Loris stated that to a few months ago when we made changes to Sage Villas and Kanta Village and putting in Red Mountain Vista Townhomes, there was a gentleman that got up and was in business with Commissioner Lance Anderson. He was asking us to limit the amount of high-density that we have in the area. He was disappointed with the amount of high-density residential areas and that we were making a huge mistake by putting these areas in. It is ringing in his ears that we should limit the amount of high-density, even though this may be the highest density in medium density residential. We should recommend a lower density residential area on this side of the highway.

MOTION: Commissioner Bob Morris moved to approve recommendation of a proposed Concurrent Land Use Amendment from LDR (Low-Density Residential) to MDR (Medium Density Residential) and Zone Amendment from RA-5 to (Agricultural District, minimum lot size 5 acres) to R-1-7.5 (Residential Estates, minimum lot size 7,500 sq ft) on approximately 9.39 acres. Teancum Properties, LLC-Owner. AnA Enterprises, LLC-Applicant.
SECOND: Commissioner Doug Clifford

VOTE: The motion carried.

Mike Rodriguez stated that we were using a percentage method rather than dwelling units per acre and types of recreational amenities and how they are situated on the site. Chairman Bryan Pack opened the Public Hearing. Hearing no comments, Chairman Bryan Pack closed the Public Hearing.

Chairman Bryan Pack stated that we were hopeful that the public would be interested in this issue to give us feedback on it, but seeing none, we have discussed it ad nauseam and can move it forward to City Council and let them have their crack at this. Mike Rodriguez stated that notices were sent out emails to Multi-Family developers and we only got one response from Kade Ence. Commissioner Bob Morris stated that it is disappointing, because it really impacts developers. Chairman Bryan Pack stated that send it to City Council and see what they say.

MOTION: Commissioner Bob Morris moved to approve recommendation of proposed amendments to Density Allowances for Multi-Family.
SECOND: Commissioner Jeff Loris

VOTE: The motion carried unanimously.

5)	DISCUSSION AND POTENTIAL ACTION ITEMS—

Mike Rodriguez stated this is being subdivided into 24 lots and TRC has reviewed this. It will be developed in two phases and will require a Development Agreement. It went through a rezone process on the triangular piece. This is the residential portion. Commissioner Lance Anderson inquired about the landscaping along Hwy 91 and the corridor plan. Mike Rodriguez stated they will have to be consistent with the landscape plan and they will have to maintain it in same manner as the residential development. That is a condition to this development. Commissioner Lance Anderson stated this will be a big section of Highway 91. We need to define it. Dale Coulam stated that we can't impose new requirements on this development, only the ordinance that is active at the time of the application. Commissioner Doug Clifford moved to recommend approval. 2nd by Commissioner Bob Morris. Commissioner Lance Anderson stated the landscape plan shows the common area is to be rocked. He would like to exclude that area to have any landscape rock along the Highway 91 corridor. Mike Rodriguez stated they will have to comply with the code. Chairman Bryan Pack stated so just to note, the Preliminary Plan shows it will be rocked along the corridor of Highway 91, but Mike Rodriguez has stated that is not consistent with what the ordinance requires so that will need to be changed.

MOTION: Commissioner Doug Clifford moved to approve recommendation of Red Mountain Terrace Preliminary Plan, located at approximately 200 East and Old Highway 91. B&V Investments, LLC-Owner. Brett Kee-Applicant, with required change to the landscape plan to be in accordance with city ordinances.
SECOND: Commissioner Bob Morris

VOTE: The motion carried unanimously.

Mike Rodriguez stated that this an amended final plat to join two lots together. Lot 108 and 106 in Palisades at Snow Canyon. The improvements are in compliance with city ordinances.

MOTION: Commissioner Doug Clifford moved to approve Amended Lot 106 and Lot 108 Palisades at Snow Canyon Phase 1, located at approximately Palisades Drive and Desert Lane. The Elizabeth Corbett Plumb Trust & PCS, LLC-Owner. Walter Plumb-Applicant.
SECOND: Commissioner Jeff Loris

VOTE: The motion carried unanimously.

Mike Rodriguez stated that this R-12.5 lot is north of Center Street at 200 West and 200 North. There are 16 lots on 5.7 acres. This has been reviewed by TRC and is in compliance with City ordinances. This is phase three of their subdivision. It is in compliance with the preliminary plan and they have a developer.

MOTION: Commissioner Bob Morris moved to approve Altura Phase 3 Final Plat, located at approximately 200 West and 200 North. DSG Holdings, LLC & Utah Land Advisory PLLC-Owner. Development Solutions Group, Inc-Applicant.
SECOND: Commissioner Jeff Loris

VOTE: The motion carried unanimously.

Mike Rodriguez stated that this is phase 2 of the subdivision on 600 West on the western portion. Sullivan homes went through City Council and had a portion they swapped with RT Marten and this is 4.2 acres subdivided into 12 lots and standard subdivision approximately 200 South. This will be done in 5 phases and needs a Development Agreement. In compliance with City Ordinances and TRC reviewed and recommends approval.

MOTION: Commissioner Bob Morris moved to approve D. Discuss and consider approval of Anasazi Vista Phase 1 Final Plat, located at approximately 280 South and 660 West. Anasazi Vista, LLC-Owner. James Sullivan-Applicant.
SECOND: Commissioner Doug Clifford

VOTE: The motion carried unanimously.

Commissioner Lance Anderson recused himself. Mike Rodriguez stated that this is a single lot subdivision on .549 acres and complies with the Preliminary Plan. TRC has reviewed and Staff recommends approval.

MOTION: Commissioner Bob Morris moved to approve Taviawk 12-D Final Plat, located at approximately Takala Trail. Kayenta Development-Owner/Applicant.
SECOND: Commissioner Doug Clifford

VOTE: The motion carried unanimously.

Commissioner Lance Anderson recused himself. Mike Rodriguez stated this is a single lot subdivision. It is .664 acre and complies with the Preliminary Plan and TRC reviewed and recommends approval.

MOTION: Commissioner Bob Morris moved to approve Taviawk 11-V Final Plat, located at approximately Shinava Drive, Kayenta Development-Owner/Applicant.
SECOND: Commissioner Doug Clifford

VOTE: The motion carried unanimously.

Commissioner Lance Anderson stated recused himself. Mike Rodriguez stated that one lot 2.005 and it includes the road on this plat. The TRC reviewed and recommends approval. Commissioner Jeff Loris inquired on cul-de-sac length. Is the turn around right where the lot is, is okay? Mike Rodriguez stated yes.

MOTION: Commissioner Bob Morris moved to approve Posovi 2-I Final Plat, located at approximately Donoma Court and 965 West. Kayenta Development-Owner. Lance Anderson-Applicant.
SECOND: Commissioner Doug Clifford

VOTE: The motion carried unanimously.

MOTION: Commissioner Bob Morris moved to approve the Ivins City Planning Commission Meeting Minutes for July 14, 2020.
SECOND: Commissioner Doug Clifford

VOTE: The motion carried unanimously.

Mike Rodriguez stated we will be discussing Sentierre Class IV CUP permit for extension of their offices and the roadway for SITLA

MOTION: Commissioner Lance Anderson moved to approve ADJOURNMENT
SECOND: Commissioner Doug Clifford

VOTE: The motion carried unanimously.

Chairman Bryan Pack	AYE
Commissioner Lance Anderson	AYE
Commissioner Jeff Loris	AYE
Commissioner Bob Morris	AYE
Commissioner Doug Clifford	AYE