Dale Coulam stated it has been debated for a couple meetings the issue of exterior colors and in our ordinance there are a few ways to define that. One is LRV, light reflective value, and that has really been the focus of a lot of the discussion. There is a range of 7-38 and that means nothing unless you look at a color swatch on the back and see what LRV is. The discussion was split last meeting 2/2 with the desire to move it forward to public hearing and see what the public has to say about it. Our options are do we change the range of LRV and make it broader for some additional colors, do we throw it out entirely, or do we leave it alone? That is the issue tonight. We are trying to define what that is. The State passed House Bill 1003 which de-regulated exterior colors unless it was stated in a development agreement. We enforce the development agreement and CCRs are enforced by a HOA. Some subdivisions already have a development agreement. It was always required with a phased development agreement. Council may take action to say that all subdivisions require development agreements from here on, where we can address the issue of colors and guidelines that were basically banned by that House Bill. Commissioner Bryan Pack stated that the City would have to be giving something to a developer in order to consider these types of restrictions or would we impose them as if it was an ordinance in the development agreement? Dale Coulam stated it would be negotiated with the developer. If a developer doesn't want to sign it, then we cannot impose it without offering some other consideration. Commissioner Bryan Pack stated that we would have to convince them with maybe density, or some other benefit to them. Dale Coulam stated some developers already agree with our design guidelines and exterior colors so there is no issue, with others it may be an issue and would have to be negotiated. Rather than an absolute prohibition against regulating that at all, it gives us a chance to have a conversation with them. Commissioner Bob Morris stated in the Pendleton's case, if they wanted to subdivide and allow a child to build a home over there, they would have to do a development agreement? It really skirts the State all the way down to an individual homeowner. Dale Coulam stated yes they would do a development agreement. It brings them in to negotiate. Commissioner Lance Anderson stated that the State skirted us in the name of affordable housing. The State is trying to affect us and change our lifestyle after 20 years. Who skirted who? It is our neighborhood. They have imposed this upon us and we should have a right to determine it as a community. Chairman Jeff Loris opened the Public Hearing. Sharon Barton lives on Mesa Vista and she thought this was about several amendments being made, but it sounds like it is only one specific one, which is Light Reflective Value, or just color in general. Dale Coulam stated there are a couple other elements that are more subjective to determine color, the Light Reflective Value is objective. That is where most of the discussion has been focused on. Sharon Barton stated she believes what we can keep in our current ordinance that will protect our General Plan which states that we will promote the natural surroundings and currently the Light Reflective Value is a good specific measurement that makes it easy to select a paint color. We have painted two homes and we were happy to refer to 16.19.103 5a which says refer to colors that are earth tones and muted colors that blend and do not contrast. We followed the Light Reflective Value. We submitted paint chips to get them approved and it was not hard to do and it made certain that we were being good Ivins community members and following the guidelines put forward. If light unmuted colors are permitted, it will change the value and specialness of Ivins and it is not part of the General Plan. In the General Plan it states that it is the intent of the Planning Commission and City Council to create consistency between the General Plan, ordinances and policies. Going forward she is concerned that using lighter, unmuted colors that fall outside of the current regulations are approved, that it would seem that the General Plan needs to be revised. If that is the case, it would need strong public input and communication from all of the Ivins residents. Pam Gardiol lives on Snow Canyon Drive and stated that we have all referred to the General Plan and understand the significance of it in the development of Ivins. What do we want Ivins to be is referred to by the General Plan. Goals, objectives and policies on Page 13, taken separately, the decisions we make may not seem related, however the cumulative effect of such decisions has a significant impact to the community and the quality of life of its residents. Under General Plan supportive objectives on Page 13, Natural Settings states preserve the natural beauty and vistas. There is a development against the mountain that is so indigenous, so beautifully done because of the colors and the architecture, it becomes invisible. Next it states assure that the development patterns and building scales reasonably preserve the City's natural settings. How does paint change that? Under Unique Identities Supporting Objectives it states guide development in a manner that enhances the City's appearance. Not just in a neighborhood, but the feel we have as an entire community. Protect scenic vistas is said over and over again. Page 15 Residential Supporting Objectives it states encourage residential design that complements the natural beauty and character of the area. Colors that blend rather than fight with nature. It is such a beautiful area. Chapter 4 has Natural and Cultural Resources, Page 18. Scenic, Natural and Regional Policies. Capitalize on the uniqueness of the environment and protect that environment and harmonize development and design with it. General Land Use Policies states all zoning and other land use decisions shall be consistent with the General Plan. The last bullet is Innovative Urban Planning, should be used in all zones to protect, enhance and blend development with the unique and natural character of the area. She would pose that any assessment of color for the structures in our community be only the best practices, because we are the best. Shaun Perkins stated she lives in The Springs and has been a resident for a few years and loves the red rock and her heart belongs here. As she drove down Snow Canyon Parkway and saw the rounded stucco edges, her first thought was that these people know what they're doing. They have an essence and it was fabulous. The first roundabout, those two split rocks and the horses and the Indians just take your breath away. Look at the vistas on the left that will soon be covered by Black Rock development and she just had to buy something here. We are very happy here. We love this community. She has only been to one Planning Commission meeting, and it stressed her out to see and feel like we are losing the essence here. People have the freedom to build what they want, but we have to be careful or we will lose that beauty a little chip at the time. We all have different ideas and she appreciates that, but we need to take things on an individual basis. She notices that there are older white houses but as we plan and move forward, it is good to have rules. Loosening the rules will create ugliness. The orange groves in California where she grew up is now called the concrete jungle. It is a horrible place to be, and built to the hilt. It is ugly. She has traveled in her life and on the shores of England they have pastels and they are beautiful, but they also have blue skies and the ocean to temper that. We don't. Utah has geology unlike any other in the world. We need to be very careful or we will overstep our bounds. Do things slowly and carefully and with thought. The cinderblock walls coming up on Center Street look like a prison. That was her first thought. Black Rock belongs in Florida was her initial shock and just seeing where things are getting whittled away. She wants to suggest caution and we have such a beautiful area here. Good luck. Lorrie Morris stated she took a vacation to Santa Fe and she thought it was ugly and that she would never want to live in a City like that. It is so boring and all the same. It was just ugly. Now she sees her City is now becoming the same. The City is undermining the new State law freeing citizens from the strong hand of the City's required stringent policies. The State would not have had to do what they did if cities weren't being so strong-handed. She disagrees with requiring Light Reflective Values, but if we require Light Reflective Value and have these stringent standards, the City is going to have to put in a lot of effort to educate residents that are repainting their homes. It will require education. Light Reflective Value is not being enforced evenly. It would require the City to purchase a meter to allow our inspectors to even-handedly make us do what they want us to do. Right now, it is all willy-nilly. Who wants a tan boring city anyway? When she moved here 26 years ago she painted her home a beautiful cream color and after 10 years when it was pink and red sand stain, it was repainted tan that didn't show the red sand. We should have the freedom to paint our house whatever color we want. Hearing no further comments, Chairman Jeff Loris closed the Public Hearing.
Commissioner Bob Morris stated we have a Light Reflective Value requirement and people don't know about it. If my son had picked the color he was going with and he hadn't been on this Council, he would not have known about it because he picked a very light color. Giving this kind of power to people with unequal enforcement is stringent on property rights. Bringing in a paint chip with the Light Reflective Value on the back of it is not necessary. The other language is fine. Without a meter Cody Mitchell has been having to make that decision. Ence apartments aren't the right Light Reflective Value. There are all sorts of things he sees that he hears are not allowed. Asking people to tear stone off houses, to change colors, asking them to restucco, when these are just innocent people getting a color they think looks good. Chairman Jeff Loris stated that when this conversation started Cody Mitchell asked how can we enforce this. That comes down to instrumentation. There has to be something. If we leave it along and we change nothing and keep the Light Reflective Value the same way, or change the color spectrum, there still has to be enforcement from the building official. There still has to be some instrumentation or some way to verify that color from what was submitted and what was actually put on the building. There has to be a control. He appreciates the comments tonight about controlling the color and making sure we keep our community beautiful. Building officials needs the ability to enforce it. He does not think Tuscano has the color of scope of what is required here. In 1998 when we became a City women and gentleman took the time to take care of the area and the hard work they did to develop these colors and Light Reflective Value limits. He really appreciates what they've done. He does not have a problem allowing the scope to change from 7 to 38, but he wants to be able to help the building officials keep in line with what we are supposed to have. Get the Light Reflective Value instrument or get the building officials some kind of enforcement ability. Commissioner Bryan Pack stated this is a tough one, because on a personal level he would not paint his house white. He prefers the natural colors that none of us have threatened to take out of the code and none of us have said anything different. From his perspective it is solely because of the outcome in his neighborhood based on the Light Reflective Value only, that feels draconian and that government has overstepped its bounds. When someone wants to paint their house a very nice white and are prohibited from doing that simply because the Light Reflective Value was too high. That feels like an overreach of government. Government control is proper in many different areas. He likes the variety of colors in his neighborhood, but he suspects many are not legal or in accordance with the code. That we could make them go paint their houses again because they are not colors in accordance with the code. On a planning level, the State has already created the outcome he would prefer, that the City does not have much regulatory effect directly over individual lots. He is not too concerned about what happens in Multi-Family or Commercial settings or developments that use color restrictions in their CCRs. That is perfectly fine in his view. People know what they are buying into in that situation. He is on the fence. He wonders if taking out the Light Reflective Value is too much. He does know we have to do something to move this forward. Dale Coulam stated that he needs to clarify that Commissioner Bryan Pack's development was before Light Reflective Value. It would be grandfathered in, so to speak, and they can maintain what they have. Phase 5 got taken away from the Property Rights Ombudsman to review because of House Bill 1003. We never did get a final answer on that because it was moot. Commissioner Bryan Pack stated that the blue house built in the last few years seem to be greater than the Light Reflective Value. Dale Coulam stated he would think it was grandfathered in. Commissioner Bryan Pack stated the outcome he is in favor of is already there with what the State has done. Personally, he is satisfied. This is better regulated on the CCR and HOA level than the City level. The City is big enough that he thinks we can be inclusive of people that enjoy different aesthetics. Commissioner Doug Clifford stated that he agrees with a lot of the comments we heard from the general public. If we don't maintain some measure, objective not subjective measure, and Light Reflective Value is it, which is unfortunate. As mentioned, part of the special feeling of Ivins is that we do try to blend with our environment. Things that stand out, take away from that and draw attention to things that are against our General Plan. If we do whatever people want, get rid of the General Plan because it has no value. We would be saying one thing, but not following it. For the most part this is subdivision-related and they can have their own rules and laws. CCRs and design guidelines for subdivisions will still hold. We have had several people in our subdivision have to repaint because it didn't meet the CCR's for our community. If we open it up and have no control or measures in place, the General Plan and the overview would have to be rewritten. If we keep the verbiage in there, we need to show a measure. Light Reflective Value is not a good measure but it is the only one. John Deere green may fit the Light Reflective Value but would not match the theme of the City. We are fighting an uphill battle because the State is going to open up and we could possibly get sued if we try to enforce these restrictions against the House Bill. The theme falls back into the subdivisions where local CCRs will hold them to that and they will have that capability. If we want to keep the theme we need to find a measurement of the Light Reflective Value even though it isn't great, and maybe relax it a little bit to allow lighter colors. Leave the General Plan and Light Reflective Value and maybe relax it a bit and try to maintain the theme of the City. Commissioner Lance Anderson stated that when we talk about CCRs and subdivisions, every one borders another. People feel good about building here because of our rules and regulations. He has been here 18 years when it got started in 2005. This isn't something new. It has been here for all these years. Do we really want to change the General Plan? Light Reflective Value is only one filter to judge off of. It doesn't deal with the muted colors. We don't want a white building in the lava field. The General Plan is very specific in what it is explaining. We keep talking about property rights and freedom. We need to know the rules in order to live and work in this community. Light Reflective Value wouldn't be on a paint chip of every manufacturer if we were the only one worrying about it. It is a guideline. Then we have filters to get the end result. When you move into a community, you follow their rules and rights that those people have vested their lives in. Pleading ignorance is not an excuse. You should be asking anyway if you want to redo your house. Vesting is interpreted in different ways and he would like to still know what the Ombudsman says. We use vesting to try to figure out what subdivisions are required to comply with which ordinances. Why are we even touching it? This is all we are affecting right now, because of the State taking our rights away as a community and under-handed us. Let's at least hold onto subdivisions and townhomes and apartments and the big massive buildings. As a community, we choose our property rights based on our General Plan. If we go away from the color scheme we have chosen since 2012, we need to go back and see if we want to change our General Plan. He is surprised there are not more residents at this meeting. He knows there are more than 9 people that care. Chairman Jeff Loris stated that in the General Plan it talks about natural environment and settings and the environment of the area. What is the scope of that natural environment? Is it City limits? Commissioner Doug Clifford stated it is the setting of the City. It is looking around our area, our visual and what we see. Chairman Jeff Loris inquired and do we see white here? Commissioner Lance Anderson stated we have white here, but encourages the natural surroundings. It says natural settings of the General Plan encourages architecture, lighting and landscaping and the use and colors that blend with the natural surroundings. So if he goes out to Entrada and sees the houses that they put in the lava fields, they are charcoal, black, browns, and dark greens and that's because they fit in the natural setting there. Kayenta has red rock and Sentierre has red rock. If he puts white houses against our red rock, and light them up, people would all complain to him. We have guidelines and we can't hit it 100 percent absolute, but it has been working for a lot of years. Chairman Jeff Loris stated to recap, Commissioner Doug Clifford stated he is okay with loosening the limits of the Light Reflective Value and Commissioner Bob Morris is in favor of throwing it away or if it is kept, enforcing it. Commissioner Bryan Pack is in the middle. Commissioner Lance Anderson stated he wants to keep it as it is. No changes. Commissioner Bryan Pack inquired what the Light Reflective Value of the Ence home was? Cody Mitchell stated it is Sailcloth, with a Light Reflective Value of 73. Commissioner Bryan Pack stated there is not much difference with that color and many other houses in other subdivisions. Commissioner Doug Clifford inquired about accent colors? Cody Mitchell stated it is a Spanish-style with a high-profile tile roof and rough-cut timber. It is pretty in his opinion. Commissioner Bryan Pack stated if we loosen to 73, the Light Reflective Value almost becomes pointless. If it fits in that environment, why don't we allow it? Commissioner Lance Anderson stated that it fits in that environment because people were doing it before it was not allowed. People complain and it gets enforced. The City is not big enough to catch everyone and find every problem. Commissioner Bryan Pack stated if it works in my neighborhood, why prohibit it? He understands natural colors and it is within the General Plan and no one is attacking the blending our natural environment concept. It is very subjective but Light Reflective Value is not a good measure, either. Blending with natural environment is the more important measure to him, but Light Reflective Value becomes a measure without meaning if we look at houses that look great and fit and we are prohibiting it. Commissioner Bob Morris stated we are a City for people to come and live. He looks out his front door and sees duplexes. We are a City and we have to get used to it and accept it. Commissioner Lance Anderson stated right. In a manner in which they all agree. Commissioner Bryan Pack stated a City needs to be as inclusive as it can be within bounds. Commissioner Doug Clifford inquired how can we make Light Reflective Value a condition and if it goes outside of the range, almost negotiate and make it a conditional use? Commissioner Bryan Pack stated that would render Light Reflective Value meaningless if you go that high. Commissioner Bob Morris stated let's vote up or down on the Light Reflective Value and send it City Council. They will make the decision. It may be our job to figure it out, but he has been listening intently, and we won't ever figure it out. It is either no Light Reflective Value and he no one else wants to change anything else. No one else has voiced concern that we should take away language that states make your house look like the rest of the neighborhood. If there is already a bunch of white houses in your neighborhood, congratulations, you get to paint your house white as well. He is fine with the language, but a guy without a meter and a Light Reflective Value that makes John Deere green okay is not something he can buy into. Commissioner Lance Anderson stated no it doesn't make it okay. That is just one filter. Commissioner Bryan Pack stated he thinks there is a way that to say that there is a Light Reflective Value that is approved and if there was a band that as long as they were muted colors and were not high-gloss we could allow a 73. It is so insignificant. Commissioner Lance Anderson stated that they still couldn't do it if it didn't meet surrounding colors. Tonight we are voting on townhomes, condos and development agreement. Why change it? The State took away rights to control single family homes. Let's keep it where it is so we don't wind up with a level of white apartments on Snow Canyon Parkway. Commissioner Bryan Pack stated on a bigger project, he tends to be it should be more restrictive. It isn't an individual homeowner and the color of their castle. Commissioner Bob Morris stated development agreements allow them to keep it from being white. Commissioner Lance Anderson stated all we control with this language is commercial. Commissioner Bob Morris stated and people like the Pendleton's. Dale Coulam stated if the development agreement ordinance passes, it could be negotiated. Cody Mitchell displayed the color board. The top color had a Light Reflective Value of 20 and the bottom color on the board is 37. Sailcloth is 72. We don't have issues with the bigger contractors doing this. The issue is when people buy that don't know that their contractors were on board with this. House Bill added confusion, wondering whether it was going to be signed and how it was going to read. Contractors were telling clients that the Bill may pass and the City would no longer enforce it, but then it came with the caveat of development agreements, and developments that were developed prior to the ordinance. Introducing it up front and getting the color chips is not a problem. Whichever way you go, he will do his best to enforce it. Chairman Jeff Loris stated 7 seemed arbitrary but it was well-designed and thought about. We talked about loosening it, but 72 seems awfully blonde. Commissioner Lance Anderson stated when a development agreement comes in and we negotiate, if we start at 38, we may get 50, but if we start at 50 we may get 70. The development agreement doesn't guarantee they have to follow our color. We have to negotiate it. We have to give to get that. Higher density at a darker color is less visible than a lighter color. We are working on subdivisions, condos, townhomes and commercial buildings and the development agreement is all negotiation. He would ask that honestly we stay where we are at because the House Bill was draconian, so we can have a level of negotiation when developments come in. Commissioner Bryan Pack inquired do development agreements go to City Council? They don't come before the Planning Commission. It would be up to the City Council to approve that. Commissioner Lance Anderson stated we are under-handing them when we make it too light. Commissioner Doug Clifford stated if they go outside a specified range, then they come in and negotiate. Commissioner Bryan Pack inquired how the Light Reflective Value works for a blue? The reason it comes under such scrutiny is 38 in a red as opposed to a tan Light Reflective Value. Chairman Jeff Loris stated we are back to the point where it is subjective. We have to consider where it fits in with the General Plan in the City and in its natural environment. Commissioner Lance Anderson stated Light Reflective Value is just one filter. We need to add the others to it. Commissioner Bob Morris stated ditch the Light Reflective Value. Commissioner Bryan Pack stated there is some validity to the argument because Light Reflective Value is just an arbitrary number when talking about grays and tans. What if for commercial and Multi-Family we leave it the way it is, but to start with development agreements for residential we go up to 72. That is fully in line with the General Plan. Commissioner Lance Anderson stated he would have to say no it is not. He would have to disagree. Commissioner Bob Morris stated you can't get to a 100 Light Reflective Value with the language of the next two steps. No we couldn't. So lose the Light Reflective Value. As long as we are not going to make people restucco their houses, he is on board. Two homes have been repainted. Commissioner Lance Anderson stated two homes out of 9000 people. Commissioner Bryan Pack would like to table until October meeting so he can think about this. He will start the next meeting with a motion. He is not ready to make a decision on Light Reflective Value. Commissioner Doug Clifford stated Light Reflective Value is a measurement and he is okay with leaving it in as a factor. Commissioner Bob Morris stated but it is not a good measurement. There is ambiguity. Dale Coulam stated in the development agreement we would say you must comply with Chapter 19 design guidelines. That is what Multi-Family and Commercial have to start out with. Whatever you decide tonight, if it is loosened or stays the same, smaller developers with a one or two house split-off they may say that this is the color we want, and we negotiate it. Larger developers are fine with the color concept we have been doing for all these years. There are one or two that prefer a lighter color, but most developers will sign off with the development agreement that says comply with Chapter 19. Commissioner Bryan Pack stated a single lot subdivision would come to City Council and say they want 72 and City Council has the discretion at that time to allow it with a development agreement. Dale Coulam stated yes because without a development agreement there is no regulation. They can have anything they want. Exterior color may be their only bone of contention, but with House Bill 1003 the design guidelines and architecture of the house, and the exterior colors is all thrown out Commissioner Bryan Pack inquired what if City Council says no? Dale Coulam stated he doesn't think they can. They'd get sued. Commissioner Lance Anderson stated they can't. They'd have to negotiate. We are not hurting anyone with a development agreement.
MOTION: Commissioner Lance Anderson moved to recommend leaving Chapter 16.19.103 of the Subdivision Ordinance regarding Exterior Colors as is.
SECOND: -1
MOTION: Commissioner Lance Anderson moved to table Discuss and consider recommendation of proposed amendments to Chapter 16 of the Subdivision Ordinance regarding Exterior Colors until October 5th meeting.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Doug Clifford |
AYE |
Dale Coulam stated that primary decision here is that a statute was passed that said Accessory Dwelling Units within the primary dwelling that is occupied by the owner, that the attached unit can be rented for more than 30 days. The question is if we want to expand that to detached casitas and allow those to be rented as well and with similar terms? Attached requires a parking space. The main requirement that the State focused on is that the owner of primary residence lives in the home. You lose a little sense of control by going detached because now it is a separate unit on the same lot. This is not for short-term rentals. Long-term rentals mean 30 days or more. Commissioner Lance Anderson stated the House Bill says you can rent out an area in your house if it is attached. But who goes in and checks that? This is a good example of laws that are put in place that we all have to live by. Do we want to allow the same type of rentals in detached Accessory Dwelling Units? What does extra parking space means? Chairman Jeff Loris opened the Public Hearing. Hearing no comments, Chairman Jeff Loris closed the Public Hearing.
Commissioner Bob Morris stated that last discussion all came down to parking and the way Commissioner Bryan Pack wrote the ordinance is that only if someone complains is there a problem. If someone is on-street and it is researched to do Accessory Dwelling Units detached from the house, we are stating that they have to have off-street parking and it will be enforced by complaints from neighbors. Cody Mitchell stated single family requires a two-car garage so four parking spots. An additional parking spot is five spots. Commissioner Bryan Pack stated what if we say any home with Accessory Dwelling Units can't park on the street? Dale Coulam stated the language of the statute says include one additional on-site parking space for internal Accessory Dwelling Units. Commissioner Lance Anderson stated if you choose to have a rental in your Accessory Dwelling Unit, you should lose your ability to park in the street. Dale Coulam stated your kids that come home to visit a couple times a month can no longer park on the street? Your tenant has to park on the on-site parking. Commissioner Lance Anderson stated now we move the homeowners out onto the street. Dale Coulam stated and you don't really know who is parking where. Commissioner Doug Clifford stated that why is this different than the internal inside the house? Commissioner Bryan Pack stated in his mind they are the same. Commissioner Lance Anderson stated we are changing the zoning it is Single Family zoning and now we turn it into Multi-Family. Dale Coulam inquired what if you have basement and a casita and you want to rent them both out? The State says we have to allow the basement, but what if our ordinance allows a detached? Commissioner Bryan Pack stated it does limit it to one per property. Commissioner Lance Anderson stated the State says you can rent within your own house. We are asking to extend that to Accessory Dwelling Units. The biggest concern was parking. Partying, noise, raucous behavior were a concern, and that is why the homeowner has to live there. Commissioner Lance Anderson stated the homeowner only has to live there six months out of the year. You can have someone there unattended. Commissioner Bob Morris stated in the Accessory Dwelling Units we could say they have to live there 12 months out of the year. We can make that language. Commissioner Lance Anderson stated when or if we do it, we change the zoning throughout the whole City. Commissioner Bob Morris stated it has already been changed because anyone can put one in their basement. Commissioner Lance Anderson stated not for detached. When you are in someone's house, you are going to act differently. Commissioner Bob Morris stated we need affordable housing and allows young couples that can't afford a home to be able to have a home and help the homeowners make that payment. Commissioner Bryan Pack stated the Ordinance was the original and not the one he made changes to. That was an oversight. Commissioner Lance Anderson stated that this is not as hot an issue as it was two years ago. Dale Coulam stated procedurally we should postpone this and notice Public Hearing. That may bring out public input different than Miriah Elliott's version. Her version was before the statute and so it doesn't conform to that statute. Commissioner Bryan Pack stated that Cody Mitchell had concerns on the last meeting. Dale Coulam stated he can take a shot at Commissioner Bryan Pack's. Commissioner Bryan Pack stated he thinks they have enough information to take exterior dwelling units and treat them like internal dwelling units and clarify the parking issue on street parking and on-site parking.
MOTION: Commissioner Bob Morris moved to table recommendation of proposed amendments to Chapter 16 of the Subdivision Ordinance regarding Accessory Dwelling Units until October 5th meeting.
SECOND: Commissioner Lance Anderson
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Doug Clifford |
AYE |
Cody Mitchell stated that this is an amended Preliminary Plan. Sentierre is located up Tuacahn Drive. The proposed amended Preliminary Plan consists of 44 single villas homesites, of which 30% of the villas, up to 13, may be subdivided into two adjoining villas. That is also stated in the amended development agreement. The hotel core includes 108,000 sq ft of enclosed space and 45,500 sq ft of underground parking. The hotel features 8 kitchenette suites and 38 studio suites and 16000 sq ft of spa, salon and fitness gym. 8 spa suites, 7000 ft of pool complex, along with quiet adult pool, bar and grill and various garden and courtyard areas as amenities, In addition, 10,500 sq ft event center is being proposed with meeting space, three restaurants, another bar and lounge, and two virtual reality golf simulators. TRC has reviewed the proposed Preliminary Plan and finds it to be in compliance with the zoning and amended development agreement. Chairman Jeff Loris inquired what was amended? Dale Coulam stated that the Preliminary Plan only allowed the first two lots under their development agreement. They had given us a Preliminary Plan and site plan that had two loops, then a version with a "T" and they have gone back to the two loops and the hotel is one big lot. The residential lots are what would be subdivided. Up to 13 of those could be twin homes made to look like villas and made in a way they can be divided with a fire separation wall and can be split off legally. Chairman Jeff Loris stated so really they can have up to 57. Dale Coulam stated they don't expect to go that high with those models, but they want that ability. Commissioner Bob Morris stated these are short-term rentals. Dale Coulam stated they are all governed by the hotel site. Commissioner Bob Morris stated those houses are considered hotels? Dale Coulam stated yes condos and hotel. They can live their full time but have areas they can lock off and rent short-time through the hotel. It is zoned Resort Commercial. Cody Mitchell stated the biggest hiccup with this was they couldn't get CO's until they started hotel central according to their Preliminary Plan. In order to generate funds to do the new hotel central, it has forced them to rewrite the development agreement and modify their Preliminary Plan. This is similar to what was there originally but a few less lots. Dale Coulam stated these move with the land, so we could see two-story. The height is 35 feet maximum. Commissioner Lance Anderson inquired if we get to see the buildings, the colors and architecture and elevations? Commissioner Bryan Pack stated City Council signed the amended development agreement last meeting and this is in compliance with the amended development agreement. There is not a lot for us to discuss. Commissioner Lance Anderson stated he would like to see the attachments with the development agreement that City Council approved. Commissioner Bob Morris stated that it seems backwards. Dale Coulam stated they had to approve it that way because the development agreement said they could only approve two lots. We couldn't approve the Preliminary Plan until the Development Agreement was amended.
MOTION: Commissioner Bryan Pack moved to approve recommendation for and Amended Preliminary Plan for Sentierre, located at approximately 800 Tuacahn Drive. Padre Canyon Resort, LC-Owner. David Case-Applicant.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Doug Clifford |
AYE |
Commissioner Lance Anderson recused himself. Cody Mitchell stated that this is the East phase of Indigo Trails. Five lots on 3.289 acres, zoned R-12 Single Family and this is a conventional subdivision. The proposed improvements are in compliance with City ordinances.
MOTION: Commissioner Bryan Pack moved to approve Indigo Trails Ph 2-A Final Plat, located at approximately Juniper Way and Wild Indigo Way. AnA Enterprises, LLC-Owner. Lance Anderson-Applicant.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Lance Anderson |
RECUSE |
MOTION: Commissioner Bryan Pack moved to approve the Ivins City Planning Commission Meeting Minutes for August 3, 2021.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Doug Clifford |
AYE |
Commissioner Bryan Pack stated he will be missing the next two meetings. Commissioner Doug Clifford stated he will be away the second meeting in September if there is one. Commissioner Bob Morris stated he received an email from Lisa Rutherford and it was heartwarming and great to get that kind of email, because we don't agree on a lot of things, and it was the same week his company saw they had a one-star rating because of his night sky stance. We have wonderful people and this is a great place to live.
|
C. |
Building and Zoning Administrator, Cody Mitchell |
|
D. |
City Attorney, Dale Coulam |
|
E. |
Items to be placed on future agendas |
MOTION: Commissioner Lance Anderson moved to approve ADJOURNMENT
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
| Chairman Jeff Loris |
AYE |
| Commissioner Bryan Pack |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Lance Anderson |
AYE |
| Commissioner Doug Clifford |
AYE |