Cody Mitchell stated that this parcel is just over 10 acres located on the southwest corner of 400 South and 200 West. They have proposed to go from residential one acre parcels to R-1-10, residential single family zoning, with a minimum of 10,000 sq ft lots. Staff does not make recommendations on zone changes or land use amendments. The land use is already Medium Density. The property to the west and east is R-1-10. Haven at Heritage Acres has an SEO, Subdivision Enhancement Overlay, and the parcel to the east is R-1-10 and is currently undeveloped and being used as agricultural. The parcel to the north is Unity Park on the corner. They are also requesting lot averaging, so the average lot would be 10,000 sq ft. The difference between lot averaging and SEO like Haven at Heritage Acres, is the majority of the lots in Haven are well under 10,000 sq ft. On this proposal, the average would be 10,000 sq ft. They can be 25% less than the assigned zoning, but the average has to be 10,000 sq ft. Chairman Bryan Pack stated that the boxed highlighted section of RA-1 is all we are dealing with here tonight. He opened the Public Hearing. Chris Haddad lives in Shadow Canyon on 520 South. She is representing six residents that have some concerns about any more building in this area. One of the main questions is increase in traffic on 200 West. We have already seen a considerable increase with the skate park, and this will add to that. 200 West, south of 400 South is not a well-cared for road. It is dirt on both sides of the street and just enough room for two lanes of traffic. We have a lot of walkers, runners and cyclists and dog walkers that go to the park throughout the day. They have to go into the dirt or walk in the street to get to the park area. Would sidewalks be put in on 200 West to accommodate all that traffic? Would there be an additional street going through that property that would pour out onto 200 West? That would also add to our traffic situation. Would the current 200 West drainage system be affected? There have been problems there in the past from rain run-off. Regarding the type of homes to be built there, will they block views from Shadow Canyons and to the west? What is the height going to be? Developers are asked to enhance their areas regularly. In Unity Park with the ballpark, those lights are not on timers. We wonder if there is any chance the developers could improve that part of the neighborhood by paying for those timers? Their own development would be affected more than ours and would be a wonderful contribution to the neighborhood. Les Kozlowski stated he lives on Desert Shelter Drive. That field is a nice place to enjoy the beautiful views. The average size lots in American Heritage is just below 9000 sq ft with big garages and our concern is if the same kind of building happens, if it is rezoned, we won't have views anymore and the Shadow Canyons people. That tract is the direct view to red mountain and pine mountain. He moved here for the views. We would like to maintain that view. We were told that land was for sale and it wouldn't happen for several years but so be it. He is not against development, just the congestion of development. It impacts traffic, views, night sky and life in Ivins. Change it to something with larger lots to ensure easements that surround it are maintained as a maximum so we can see through homes and maintain our views. Arnold Billingsley stated he lives on Desert Shelter and we submitted a letter and he would like to add to that to reflect a third of the people in Haven at Heritage Acres that are endorsing our recommendations and concerns of our community. With more effort, he is sure they could get 80 to 90 percent of homeowners that would share these concerns. In addition to Les Kozlowski's comments, we have concerns on congestion, the additional consequences of heavy-duty equipment, subcontractors and particulates in the air, not to mention destruction of views and the quality of life we currently have. We understand the developer would like to develop. There are plenty of R-1-10 areas on the map, so R-12.5 would not be a negative. Looking at it from the developers standpoint and his return on investment, with bigger lots you have the ability to get more money. Once the developer and builders leave and the dust settles we still live here. We end up with the impact. Our community is concerned and would appreciate your hesitation. 40 homes are a possibility in just this one track, so we are looking at 80 homes so 160 people and automobiles and they leave twice a day. That creates a huge impact in traffic out of that community. We appreciate your support and reasoning on why the community is focused on these concerns. Richard Parker stated that he lives on Desert Shelter, last home on that street. He supports what has been said by his neighbors, but the average lot would be 10,000 sq ft, and 25% could be less than that? R-12.5 zoning is better. Does it allow for these people to build two-story homes? He would like to know where the exit and entrance to that subdivision would be on 400 South and 200? Right now it is at the end of that street and you go right into the field. During Parade of Homes there were so many cars that go down, turn around and come back. During construction, he would ask that they put a temporary barricade so big trucks wouldn't come driving to that site through there. He would also like the Commission to address what Subdivision Enhancement Overlay is. Arnold Billingsley stated that he would like to point out that map shows half the amount of what homes are there now. There are probably another 5-7 lots in that blank space will be under construction in the next 30 days. Sam Drake stated that he lives on Desert Shelter. Part of the big sell of our neighborhood and why he and his wife came to Ivins is the beautiful views. He would like to echo the desire to have the zone increased to the larger lot size and not have two-story homes as well as setting it off the property line. The homes in Haven at Heritage Acres are just right up against the road. It would essentially block out everything from the back of our home. Tony Allen stated he is the applicant and appreciates the Commission taking the time to consider their zone change application. Many of the concerns that have been expressed here, will be addressed by Rosenberg Engineering and AGEC as they design a subdivision down the road. A lot of issues with ingress and egress, width of sidewalks, etc are obviously issues that will be dealt with down the road when we come in for a subdivision. There is a great deal of engineering that takes place and the City is involved with that process. The proposal would amount to approximately 30 lots on the 10.3 acres. Lot sizes would be similar to those in the Haven as well as the homes. There would be a wall on 400 South and on 200 West and no residences would front either of those two streets. Ingress and egress would be on 200 West and one on 400 South. All that traffic flow would be approved by the City as we move forward with our plans. He is sensitive to the comments made about not wanting more development, but they have their homes, and now don't want anyone else here. That is an unrealistic expectation in Washington County. 15 years ago there were probably less than 1000 people in Ivins. We are looking at 500,000 people here by 2060. He is not one to say someone else can't move in next door. We have a very conservative plan and the zoning fits the neighborhood and it is a continuation of what is east and west of us. It is an appropriate zone and compatible with the zones on either side. We ask that the zone request be granted. Rich Parker stated that he would like the Commission to look at the picture from his backyard. It is not that he doesn't want any growth, but he doesn't want this to happen. The house is 10 ft away from the property line, and although the foundation was, the overhang is 5-6 feet away. We don't want this to happen. Hearing no further comments, Chairman Bryan Pack closed the Public Hearing.
Cody Mitchell stated that in Haven at Heritage they achieved the same zoning of R-1-10 with a Subdivision Enhancement Overlay. Essentially they laid out how many lots they could acquire on 20 acres. That number came to 62. They put in the retention basin and some open space on the northwest corner of that parcel, which allowed them to receive a density bonus so they could accommodate 62 lots on between 8500 to 9000 sq ft. This applicant is applying for R-1-10 with lot averaging, where 25% can fall under 10,000 sq ft with none under 7500 sq ft. They must average 10,000 sq ft. So if you look at it as a whole, this proposed zone change the lots will be larger than the Subdivision Enhancement Overlay in Haven at Heritage Acres. The City ordinance restricts height to 25 feet. It is possible to get a two-story home in 25 feet, as well as an RV garage. Those are some of the products that Haven at Heritage Acres builds in their subdivision. Two-story is not really popular in our area so most people tend to stick to single-story slab-on-grade construction. Chairman Bryan Pack inquired if there were concessions in that subdivision to allow for more density? They could build two-stories in Haven at Heritage Acres if they wanted to? Cody Mitchell stated that was correct. Commissioner Lance Anderson stated it was just for the density for the drainage because it benefitted the City and they got the open space. The difference with the lot averaging is we are not negotiating, it just means that if they are given that zoning they can have a little more creativity in designing their subdivision, with bigger and smaller lots. Chairman Bryan Pack stated applicant made a good point that many of the items listed that were concerns do get handled through engineering like drainage and access. Those things have policies in place that ensures those items are covered as part of the subdivision process. Cody Mitchell stated yes as well as improvements. Commissioner Lance Anderson stated the City does very little road-building. The developer, and in turn the homeowners, pay for the cost of the gap fill. With this zone, the ordinance says the sides can be 10 ft and your eaves can hang over. Cody Mitchell stated there is a reduced setback for outbuildings, awnings, rear patios. It cannot be filled with habitable space. Commissioner Lance Anderson stated he doesn't like that, but that is how the rule is written. They are asking for the zone that meets the land use and fits that qualification. If we said 12.5 it would be a taking from that land owner. A view is not a justification. When Suncrest West and Amber Estates was built we sat for hours talking about the difference in elevation. We don't have that here. When he came to Ivins, there were 600 people and none of these folks were here. We all love being here and we try to protect everything, but if you have a subdivision that is already doing it, it is hard to tell the next developer they can't to protect views. When Haven at Heritage came in, we had the same discussion with even more people here, since it was before the pandemic. Chairman Bryan Pack stated that is a point he would like to make is that the developer has property rights and can do certain things with his land based on US Constitution and City ordinances and our hands are tied in a lot of ways on what we can do here. Commissioner Doug Clifford inquired if there are any concessions for basements? We are dealing with a situation where we can't discriminate on someone that is coming in later in the building process when it matches the land use. The developer can try to vary lot lines to protect views between homes and minimize height. R-12.5 was proposed, which would only be six homes less and doesn't change the setbacks. People will use every inch of their lots. That doesn't make any difference, it just changes the size of the home. Right now with affordable housing, we need the smaller homes. This proposal is in line with everything around it. We would be doing a disservice trying to turn these into larger lots. Commissioner Lance Anderson stated with bigger lots the mass actually becomes greater because they build the homes bigger. That was seen in Altura when it went in by Tenaya. Larger lots doesn't mean more open space, it just means bigger mass.
MOTION: Commission Doug Clifford moved to approve recommendation of a proposed Zone Change from RA-1 (Residential Agricultural, minimum lot size 1 acre) to R-1-10 (Single Family Residential, minimum lot size 10,000 sq ft), and R-1-10 (Residential Single Family, minimum lot size 10,000 sq ft), with lot averaging on 10.23 acres, located at approximately 400 South and 200 West. Burton Creation, LLC-Owner. Tony Allen-Applicant.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Bryan Pack |
AYE |
| Commission Doug Clifford |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Bob Morris |
AYE |