The meeting was called to order at
05:30 p.m. All present included
Chairman Bryan Pack,
Commissioner Lance Anderson,
Commissioner Doug Clifford,
and Commissioner Bob Morris.
Mike Rodriguez stated this is a concurrent land use and zone amendment that has High Density Residential and a Commercial Neighborhood designation it as well. This is off of Kwavasa and approximately 350 North. There is RE-12.5 to the West and RA-5 to the East. The applicant is asking to change the land use from High Density Residential and Commercial Neighborhood to Medium Density Residential, and the RA-5 portion to be consistent with RE-12.5 west of it, and move forward on a subdivision application to build homes. We don't make recommendation on land use or zone changes, but we haven't had much public input. Someone called in when they saw the zone change sign and asked what was going to potentially be built there. Chairman Bryan Pack opened the Public Hearing. Mike Rodriguez stated that the applicant Ryan Button is from Northern Utah and was not able to make the meeting, but is listening. David Cudworth stated that in that area it has a fantastic view of the mesa and he has concerns about the size of the buildings going in. He doesn't want to lose those mesa views. His hope is that we can mirror Kayenta to preserve those vistas. Hearing no further comments, Chairman Bryan Pack closed the Public Hearing.
Ryan Button stated he wants to compliment staff who have been great to work with, very informative and helpful, and he has appreciated working with them. Unusual to have a parcel of property with split zoning and it will be nice to clean that up and make it consistent. Chairman Bryan Pack stated that the land use plan had neighborhood commercial. Is the applicant okay with losing that? Ryan Button stated he has no concerns. It is not on an intersection where that would be conducive to a commercial use. It is kind of a mid-block location. It would not be a viable use at this time. Commissioner Doug Clifford inquired how much of the property was commercial? Mike Rodriguez stated the land use map shows it best. They want Medium Density Residential land use and zoning, with RE-12.5 zoning. Less than half had the Commercial Neighborhood designation on it. Commissioner Lance Anderson stated that 450 North would have come down further to the South. Chairman Bryan Pack inquired what do you feel about the neighborhood commercial? Commissioner Lance Anderson stated that was back in the day a long time ago and he had promoted a fire station there, but now they want it in Santa Clara. Chairman Bryan Pack stated it makes more sense to have commercial at an intersection to provide better access. Commissioner Doug Clifford stated this is relic zoning and doesn't reflect what we are seeing happening in that whole area, where commercial is more in the center of Kayenta. It is more appropriate as residential. Chairman Bryan Pack stated it feels good to him and regarding viewshed, our guidelines and ordinances on height restrictions is adequate and would protect that in this area. Commissioner Lance Anderson stated that our ordinance is 25 feet and in Kayenta they try out there to keep them 13 feet. Mojave Mesa is trying to keep them under 17 feet. Height is always a concern, but he doesn't see an issue with this application.
MOTION: Commissioner Doug Clifford moved to approve recommendation to approve a Concurrent Land Use Amendment from a mix of HDR (High-Density Residential) and CN (Commercial Neighborhood) to MDR (Medium-Density Residential); and a Zone Amendment from RA-5 (Residential Agriculture District, minimum lot size 5 acres) to RE-12.5 (Residential Estates, minimum lot size 12,500 sq ft), on approximately 12.07 Acres. Located at approximately 600 West and 350 North. Southern Land Ventures and Peak Land Ventures-Owner. Ryan Button-Applicant.
SECOND: Chairman Bryan Pack
VOTE: The motion carried unanimously.
| Chairman Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Bob Morris |
AYE |
Mike Rodriguez stated that this application is to amend an existing approved Class V Conditional Use Permit. Construction is underway on grading of the site and it will continue to take place in both Ivins and Santa Clara. Black Desert Resort of Entrada is asking that all traffic for the purpose of construction activities take place within the boundaries of each respective City be serviced by the roadways for each City. There was previous discussion of not having heavy truck traffic off of Snow Canyon Parkway and concern about bring it off the horse roundabout. This is asking that construction traffic be brought further to the northwest, where there is a cutout on the Parkway going onto the site, and it seems best suited so as not to damage the roundabout with large trucks trying to make that turn in to the Black Desert Resort. These proposed improvements have been reviewed by TRC and are in compliance with City ordinances. Dale Coulam stated this was brought about because Santa Clara is unwilling to allow heavy trucks to go through their City for the Ivins portion of the resort. Chairman Bryan Pack opened the Public Hearing. Sharon Barton inquired about how Santa Clara and Ivins will monitor that traffic? Her concern is that Puerto may become an access road for traffic that may be going to Santa Clara. Ron Stoops stated that the developer is asking for a break in property taxes but his concern is wear and tear and maintenance of the roads. Rick Ward stated that he has lived here seven and a half years and the reason he moved here was because it was a retirement community not massive amounts of tourism. The more this type of stuff goes in, he objects to any type of tax deal. Tourist areas we can't get into, and we live here. It will increase tourism and traffic. It has doubles in the seven years I've been here. They want a break to do this to our community? Don't even consider it. These are hotels and restaurants. The entire County is full of condos and vacation rentals and no longer people who have an investment here. It is not fair to the people that live here. And what happens when we have another recession and tourism stops, then what? Will they want the City to subsidize them, so they can stay in business? We need to build infrastructure that in bad times, we can maintain what we've built. We are discussing getting a petition to let people vote on this, not just through City Council. We need to seriously consider the negatives of this venture. Stephanie Nostadt inquired what about the water issues we will have with this growth? Hearing no further comments, Chairman Bryan Pack closed the Public Hearing.
Chairman Bryan Pack stated that we are the Planning Commission, not the City Council. We haven't seen anything on taxes and that is not an issue through us. Our role is to consider this application specifically. He thinks there are comments tonight that are relevant. How to make sure traffic doesn't affect neighboring streets, and wear and tear damage and repair. Do we know the volume of trucks this is servicing? Commissioner Lance Anderson stated that heavy trucks pay fees to drive on those roads every day. We get tax dollars paid to the state that come back to the City with good representation and we have Chuck Gillette who works on that. Commissioner Doug Clifford stated that he assumes we have direct routes trucks have to go down, certain major thoroughfares. Dale Coulam stated we don't have a designated truck route, but Snow Canyon Parkway and Highway 91 are the only streets capable of handling large trucks in our City. The applicant had proposed to use Pioneer Parkway, and Santa Clara objected to heavy trucks for dirt or construction materials and objected them going through their City; they said they would not build a road to allow it. Pioneer Parkway is a public road, but it does not get up to Ivins, and on Snow Canyon Parkway there is a cutout already to their property. We have asked that they do not try to negotiate that roundabout at its current entrance. Chairman Bryan Pack stated we could list as a condition to only use Snow Canyon Parkway and no other residential streets. Commissioner Doug Clifford stated he agrees that we should add that condition. Commissioner Bob Morris stated that the application states that they are trying not to harm the roundabout, so there is an admittance that they know it can do damage in this prospect. Commissioner Lance Anderson stated that the outer lane is larger than the inner lane, so trucks don't cut over into the travel lane. Chairman Bryan Pack stated the alternative is, if we didn't grant this, they would go through the roundabout. Dale Coulam stated this it is a public road and we can't keep them off Snow Canyon Parkway but through this Conditional Use Permit, we can designate where to enter for this project. Commissioner Doug Clifford inquired if we have a north/south designated street anywhere? Dale Coulam stated Puerto, and Docena is public as well. They are not designed for heavy trucking and are not a truck route. Commissioner Lance Anderson stated they will get traffic coming from Gunlock because that is where rock products are, to Kwavasa and down to Center Street, which are all public roads too. Patrick Manning stated that the route he has discussed with Judd Palmer, which he realizes that they won't be doing all the deliveries, but they'd go Snow Canyon Parkway, and from the south, Pioneer Parkway to Snow Canyon Parkway. Chairman Bryan Pack stated he has no concerns. Patrick Manning stated we would not put construction vehicles on Puerto. Commissioner Lance Anderson inquired is this for all traffic in the future, not just construction traffic? Patrick Manning stated all construction traffic, excavation, vertical construction material. Commissioner Lance Anderson inquired what about deliveries? Patrick Manning stated no those are being delivered off Pioneer Parkway, down at the substation. Commissioner Bob Morris inquired what percentage is Santa Clara versus Ivins? Patrick Manning stated over the course of the entire project, the land mass area is about 70 acres that are being developed in Ivins plus the golf course, and about 200 acres in Santa Clara. So maybe 40% Ivins and 60% Santa Clara. They will bear the burden of each City respectively. Commissioner Lance Anderson stated roads driven are based off time. Commissioner Doug Clifford stated and miles. Chairman Bryan Pack stated he is comfortable with the stipulation that they only access through Snow Canyon Parkway on that entrance and no other residential streets.
MOTION: Commissioner Bob Morris moved to approve recommendation to approve a proposed Class V Conditional Use Permit Amendment Application for Black Desert Resort at Entrada. Located at approximately 1630 E Snow Canyon Parkway, South of the horse roundabout, with the stipulation that they only come through that entrance to the East on Snow Canyon Parkway. Enlaw, LLC-Owner. Patrick Manning-Applicant.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
| Chairman Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Bob Morris |
AYE |
Lance Anderson recused himself. Mike Rodriguez stated that this is a three lot subdivision and complies with the approved preliminary plan and city ordinances. Commissioner Doug Clifford inquired where this is located? Commissioner Lance Anderson stated all the way to top of Uwan.
MOTION: Commissioner Doug Clifford moved to approve Posovi 3-G Final Plat, located at approximately Uwan Drive, Kayenta Development, Inc Owner. Lance Anderson-Applicant.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Bryan Pack |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
RECUSE |
Lance Anderson recused himself. Mike Rodriguez stated that this plat is for an amendment proposing eight new lots and increasing the size of lots 42 and 43 slightly on this 5.917 acre site. When they extended this plat, it added a couple feet to those two corner lots on Lantana Way, and the remaining lots are being added to Phase 1B. The TRC reviewed theis on 11/19/20 and this complies with City Ordinances. Commissioner Doug Clifford inquired about elevation? It seems pretty flat. Lance Anderson stated he thinks it is about 1.5% from one end to the other.
MOTION: Commissioner Bob Morris moved to approve Mojave Mesa Phase 1-B Amended and Extended Final Plat, located at approximately Lantana Way. ANA Enterprises LLC and Custom Contracting LLC-Owner. Lance Anderson-Applicant.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
| Chairman Bryan Pack |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
RECUSE |
Lance Anderson recused himself. Mike Rodriguez stated this is a one lot subdivision on a little over two acres and complies with the preliminary plan and TRC recommends approval. That hatched area is considered a no-build area.
MOTION: Commissioner Doug Clifford moved to approve Taviawk 9-FF Final Plat, located at approximately Wicasa Way. Kayenta Development Inc-Owner. Lance Anderson-Applicant.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Bryan Pack |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
RECUSE |
Lance Anderson recused himself. Mike Rodriguez stated that this is a one lot subdivision under 3/4 of an acres and has been reviewed by TRC and complies with the Preliminary Plan.
MOTION: Commissioner Bob Morris moved to approve Taviawk 11-X Final Plat, located at approximately Paiute Drive and Wicasa Way. Kayenta Development Inc-Owner. Lance Anderson-Applicant.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
| Chairman Bryan Pack |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
RECUSE |
Chairman Bryan Pack inquired if the green was Bob Morris' comments? Commissioner Bob Morris stated yes his comments are written in green. Commissioner Lance Anderson stated that the 'night sky' verbiage has been changed to 'astronomical observations.' He wants it to be 'dark sky' because that has been the intent all the years he has been in this chair. 'Night Sky' has the connotation that we are trying to meet that designation, and we are not. Chairman Bryan Pack asked Commissioner Bob Morris to explain what he is trying to accomplish and then get the language on how we want it and what we think is appropriate, before we go to a Public Hearing. Commissioner Bob Morris stated in this ordinance, he is trying to keep equal representation. Maybe people aren't as interested now in seeing stars as they are in architectural lighting of their biggest investment, their home. That is what a Public Hearing will tell us. Chairman Bryan Pack stated we know where both of the Commissioners are coming from, but he would like to have Commissioner Lance Anderson go through and give his thoughts. He personally doesn't mind having that language in there. It is not an enforceable statement. Commissioner Bob Morris stated he moved safety up. This whole ordinance is polluted with the dark sky initiative and slanted that way. He is promoting safety and security by moving it up above. Astronomical observation was already in the ordinance. Commissioner Lance Anderson stated this original ordinance was written in 2007, long before we tried getting night sky designation. He wants to bring up the past to remind everyone what we have been trying to accomplish. It has been a big deal to the community as long as he has sat in this chair. Commissioner Bob Morris stated he wants to have a Public Hearing to find out if the attitudes of the past have changed. We need to see what people want to say. Commissioner Lance Anderson stated again that he is against that initial statement. The CRI statement we can refer to Bob Morris or we can have a professional tell us if that is good or bad. Commissioner Doug Clifford stated it is more than public opinion, we need professional opinions. We do ordinances because it makes things safe and protects the environment, it is not always popular. Commissioner Lance Anderson stated but it is our community that deems whether things are safe or not. He does not agree that more light makes things safer. He lives in a dark sky community and he notices who comes into his community because they have a light on. He wants to leave in protecting the night sky. He doesn't agree with crossing out to preserve, protect and enhance the natural beauty of the dark sky or night sky. He needs more explanation on home accent lighting. It says permanent architectural lighting installed in such as fashion as to be invisible in daylight. Commissioner Bob Morris stated yes, permanent Christmas lighting. It is part of the structure and is a permanent installation. LED lights are run by a computer and can be made to shine any color they want. It is already happening in our community. He is sure there are HOAs that won't allow it. You won't see it in Kayenta. Commissioner Lance Anderson stated so it has to be invisible during daylight. Commissioner Bob Morris stated the ordinance would only allow movement of the lights during the holiday season. That becomes vague. It is in the exemptions of the ordinance under home accent lighting. Commissioner Lance Anderson stated we could say they have to be off by a certain time. We need to add a bit to light pollution. Commissioner Bob Morris stated that was already in the ordinance as light trespass. Commissioner Lance Anderson inquired are you are saying you need brighter lights to get your definition of what is surrounding you? Commissioner Bob Morris stated no, but it needs to have a color rendering. The dream list would be that we need to quit telling people how to light their home and exclude residential completely. Commissioner Lance Anderson stated that hasn't been the intent of Ivins for as long as he has been here. The CCT outdoor lamps with the acrylic came from Wilson Jimenez. Dale Coulam stated that he doesn't have expertise in lighting but he helped make the revised hoods. Chuck Gillette came up with the filter to retrofit. Commissioner Lance Anderson stated that a lot of time was spent on that color filter. Commissioner Bob Morris stated on flags it said 6000 and he is recommending 1500 which is being divided by four, is how he got his calculation. Commissioner Lance Anderson stated he would want to compare to get an opinion. Commissioner Bob Morris stated that is based on an electrical engineer's calculation. He doesn't want an ordinance below the state standard on what the lumens square footage on parking surfaces should be. Chairman Bryan Pack stated this was helpful. Let's take this and each review it, and come back next time ready to finalize language and shoot for a Public Hearing. Commissioner Doug Clifford stated he still wants a professional review of it. There are a lot of terms and technical descriptions and numbers in here. It needs to stand the test of scrutiny with the credentials to do it. Commissioner Lance Anderson stated lumens per square footage of parking lots is really the main one. The rest is really subjective. An engineer will just give us his opinion. Commissioner Doug Clifford stated that they can give us their professional opinion based on what they know and what is effective for safety and regarding pollution. We need to speak with someone that has some lighting background. Commissioner Bob Morris stated that this is based on his experience. He does not profess to be a lighting engineer. He could get a quote on what someone would charge us to review it. Chairman Bryan Pack stated take the next two weeks and come back and identify the questions we want an engineer to answer. Let's get a consensus of how we want it to read. This ordinance was created before night sky designation. It existed before that. It was a good ordinance. Chairman Bryan Pack stated he would encourage everyone to read it and next meeting we will address specific language and identify issues that need addressed by an engineer. We will shoot for the second meeting in January for Public Hearing on this. Commissioner Doug Clifford stated in the last 5 years, in general, most lighting has flipped to LED.
Mike Rodriguez stated this came about as a result of a code enforcement violation notice to an Ivins resident regarding a fence that was built along 450 North using redwood posts and lattice on the top. They used corrugated metal on the lower portion, which is not allowed. 16.11.135 Item 9C under Materials it shows it is prohibited. The resident asked City Council that it be looked at, and see if maybe the code can be changed, so it got to sent to the Planning Commission. The ordinance was adopted in 2013. Commissioner Bob Morris stated this is where education helps. His neighbor built a cute fence from wood pallets, and the City made him tear it down. Mike Rodriguez stated that no permit is required for fences under 6 feet tall. People call the City first to ask what is required so we can educate them and help them through the process, but when they take it upon themselves without checking, it may not comply with our ordinances, so we get complaints about it or the code enforcement officer sees it. In this case, the fence was under construction and has not been completed. She is contesting the application of the code. Chairman Bryan Pack stated this is the age old question of having a private land owner wanting to do something on their land, versus what the community may want to see. It is possible to come up with an aesthetically pleasing design with these materials, but the majority of the time, we would want to keep these prohibited. Commissioner Lance Anderson stated in the 70s there were pallets out here wired together to keep the cows in. Now ordinances have been created to clean up Ivins, and we have caused it to be that our families can't live here. He looked at her fence. Out in Arrowhead there is a roof that is white and has glare. Her fence has a patina so there is no glare. It is art work, not just a cheap fix. It is hard to write an ordinance for, and we can get carried away. Commissioner Doug Clifford stated he has seen some cool fences with this material surrounded by wood left to rust or patina. But you can also have corrugated panels nailed together and it would not look cool. Mike Rodriguez stated that under Section Ten it talks about a compatible design with surrounding landscape and architecture with properties adjacent to the property. The intent is to have reasonably attractive and well-built fences around peoples' property. The Rocks' fence is a tastefully done fence, but is technically using a material that is prohibited by our code. If we change code and make it allowable, put in some kind of a caveat that it must have a patina. Commissioner Bob Morris stated that we don't want the Sandlot fence, propped up against chain link. This fence is framed with wood and attractive. He doesn't want a bunch of corrugated fences going up and have my name on it, but if a design can be shown and meets the standard of compatible design, it gives us leeway to not tear down a nice looking structure. Commissioner Doug Clifford inquired what if we said corrugated metal as an accent material? Mike Rodriguez stated this fence has wooden post with corrugated metal section ran horizontally within the wooden framework with lattice above. It is tastefully done and reasonably well-built. Dale Coulam stated based on the exception Mike Rodriguez read, he doesn't know that we need to change the ordinance. It meets the exception. It is a designed fence and made to patina. Chairman Bryan Pack stated if we refer to item #10, it meets the intent of this ordinance. We have some difficult calls as to what looks nice and what doesn't. Commissioner Doug Clifford stated if it is still a line item then we open the door for corrugated metal. Commissioner Lance Anderson stated that patina is an important part of it. Her fence blends in with the viewshed. Chairman Bryan Pack inquired so can we default back to #10 as a solution? Dale Coulam stated it was raised as a citizen comment, and as far as the Code Enforcement violation, it fits within the exception. Mike Rodriguez just needs to reach out and confirm that it meets the exception. Commissioner Lance Anderson stated that we need to point out that she used a patina to darken it.
MOTION: Commissioner Bob Morris moved to approve the Ivins City Planning Commission Meeting Minutes for November 17, 2020.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
| Chairman Bryan Pack |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Bob Morris |
AYE |