Draft Ordinance
Comparison memo 2022-03-15
Comparison memo 2022-03-29
New Chapter 6 Resorts - Draft
New Chapter 7 Multifamily - Draft
Mayor Hart thanked Council Member Scott for his work on the draft ordinance. Council Member Scott indicated he took all decisions from the Work Meeting and put them into the Water Conservancy Districts draft ordinance. He would like to continue where the Council left off, but had a few things to add from the previous discussions and then he'll update the ordinance with those changes. Regarding Chapter 7 Multifamily and Chapter 6 Resorts, he took all the decisions from the work meeting and put them into the Water Conservancy District draft ordinance. Mayor Hart stated the work meeting ended at Line 259 4-2 "Landscape Standards" and the Council previously went through line-by-line and referred to the information that Council Member Scott put together that compared the Washington County Water Conservancy Districts ordinance, the City of Santa Clara's versions and other comments made by the City of St. George. Chapter 4.2 has to do with the new development in all non-residential zones and non-residential development in any zone that shall meet the landscape design standards and irrigation design standards of this ordinance.
The Mayor and City Council continued to go through the ordinance page by page and addressed the following:
Line 259 4.2: Landscape Standards paragraph number 1 referring to grass not being permitted outside of an active recreation area and prohibited in parks strips less than eight (8) feet wide. Mayor Hart commented that the Ivins community is not looking for any grass in park strips, regardless of the size. The City Council agreed. Council Member Anderson indicated that there needs to be clarification on the word "grass" because some people think of grass as plants that are not lawn. Council Member Scott clarified that the definition for grass is "A surface layer of earth containing mowed grass with its roots." Council Member Anderson stated that works. Mayor Hart referred to the slope percentage of 15% and indicated that the Council previously agreed to reduce that to 10% so that should be changed throughout the document.
Line 272, paragraph number 3 regarding an approved Planting Plan and a minimum of 40% vegetative cover of a landscaped area and the configuration of the vegetation in the Planting Plan being the sole discretion of the City. Council Member Anderson indicated that he did not agree with that. Mayor Hart inquired if that was language from the Water Conservancy District. Council Member Scott clarified that was District language but the City of St. George City in their comments made a note that the sole discretion of the City introduces a new cost and personnel burden for the City but did not come to a conclusion. He inquired if that was something that is doable, practical and enforceable. Council Member Anderson inquired where the 40% came from. Mayor Hart stated that is District language but it is confusing because it is saying that if there is landscape area, 40% of it must be vegetated with trees or tolerant plants or some kind. Council Member Scott inquired if that is based off of the size of the trunk or is 40% based off of the spread of the branches. That could be problematic. Council Member Anderson referred to the configuration of the vegetation in the Planting Plan being the sole discretion on the City and indicated that the City would have to hire a landscape artist to do that. Mike Haycock stated that he did plan reviews in California and they do review where the water lands off of a roof. It can get complex and someone would have to be hired to do that additional work. Mayor Hart commented that one of the criteria for review is that it is practical and that it can be enforced. Council Member Anderson inquired if there was a problem now. He has found that as time goes on, one plant takes out another plant if they are over planted or planted the plants too close together. Mayor Hart indicated that the City does not require a landscape plan, other than on commercial developments. Dale Coulam clarified that the Water Conservancy District came up with the 40% number by pointing to a city in Arizona that required xeriscape. There was no landscaping anywhere and that drove the temperatures up and was unsightly. What the District is trying to do is have a certain amount of landscape, to provide some relief for the eye, as well as a little bit of cooling. Council Member Scott stated that the problem with the 40% is what is being measured, the trunk or the spread of a tree and is it a new plant or a mature plant? If there isn’t a requirement of 40%, it becomes very subjective and problematic. Mayor Hart suggested replacing the 40% minimum with "some vegetated cover." Council Member Murphy indicated that 40% to her meant what was coming out of the ground because that is vegetative cover of the ground and not what is in the air. Council Member Anderson stated that shade from trees won’t let plants grow underneath them. Council Member Scott indicated that one (1) tree with a two (2) square foot trunk will produce a lot more shade and protection from heat islands, than more square footage of ground cover. Council Member Anderson suggested putting a question mark by this and coming back to it. Council Member Scott indicated that this ordinance would be reviewed again in six (6) months so there is time to do more thinking and observing about the problematic things. Mayor Hart commented that if vegetative cover is the area of the plant itself, that isn't how it comes across in an actual landscape. With 40%, there would be plants everywhere and that isn't conservation. If the square footage was calculated, the plants themselves might be as low as 20%. If they were to take the purest definition of this and literally go by the square feet of plants themselves, 40% would be a lot of plants on an average lot. Dale Coulam clarified that he thinks that vegetative cover is defining a canopy of a plant or the size of a mature bush, not what is in the ground, but what the actual size would be as a landscaped item. A bush that is six feet (6') in diameter, comes down to a small little area that goes into the ground but it is still a six foot (6') space. If something is planted too close to the base of that plant, it won't live and that is over landscaping. Mayor Hart suggested that 40% may need to be half of that number but it is definitely not 40%. Council Member Mehr suggested that if the Council isn't able to figure out something in this ordinance, to mark it and come back to it. Council Member Scott stated to forget about the 40% number for a moment and added the following verbiage "...an approved Planting Plan that has a minimum of ____% vegetative cover, based on the canopy of the vegetation at maturity." The question now is are they going to say "sufficient vegetative cover", "20% vegetative cover" or for now, the Council is marking up Conservancy Districts ordinance with the Councils changes but the Council will still be reviewing those changes and not making any final decisions tonight. Mayor Hart indicated that the word "sufficient" is too subjective and that paragraph is in opposition to the whole point of the ordinance because when there is a minimum amount of vegetative cove, that's water use. Council Member Mehr suggested that they not get hung up on 40% and just say follow an approved Planting Plan that has landscaped area, shall have water-efficient shade trees and bushes..." is adequate to achieve those objectives. The word "maturity" is too subjective as well because it will depend on how much the vegetation was watered, how much sunlight it receives or doesn't receive and similar. Mayor Hart stated that there is an industry landscaping standard and the language could be based on the landscaping standard and since the Council is going to review this in the next six (6) months, he suggested dropping the percentage down from 40% to 20%. Council Member Scott clarified the changes of a minimum of 20% vegetative cover based on landscaping standards at maturity and take out the last sentence regarding the configuration of the vegetation being the sole discretion of the City.
Line 278 paragraph number 4 regarding watering of small beautification areas. Dale Coulam indicated that paragraph relates to certain planting areas that have sensitive plants and can only be watered with culinary water. An example would be areas that SkyWest Airlines and LDS Temple grounds have. Council Member Murphy suggested that rather than using "small beautification areas", they say for delicate plants that can't handle irrigation water. Council Member Anderson stated that when he read that paragraph, he thought of a small place inside of a courtyard where the irrigation doesn't go to it. Council Member Mehr agreed. The Mayor and City Council agreed to leave it as it is written.
Line 283 "Required Documentation". Council Member Scott indicated that from lines 283-383, there were no changes by the City of Santa Clara or the City of St. George. The Mayor and City Council had a discussion regarding the requirement for a landscape architect and determined to change "landscape architect" to "landscape designer or architect" and to meet all applicable laws because they wanted the ability for an owner to design their own landscape.
Lines 322 and 324 regarding designation of hydrozones and details and specifications for tree staking. Council Member Anderson stated that he did not see a need for those and suggested those be removed. Council Member Scott indicated that all of these requirements is a burden and this ordinance is about water conservation. The Mayor and City Council agreed to keep paragraph number 1 beginning on line 285 but to remove everything from lines 292 through lines 350 and agreed to retain everything in lines 283 through 290.
Lines 352 through 376 regarding Plan review, Construction Inspection and Post-Construction Monitoring. Council Member Scott stated this relates to a landscape designer or licensed professional but would be a burden and difficult as a small property owner to comply with. The Mayor and City Council agreed to remove that language.
Chapter 5: Landscape and Irrigation Design Standards for all New Development in Any Zone
Line 392 regarding slope percentage - change that to 10% instead of 15%
Line 395 regarding park strips. The Mayor and City Council agreed that they use the verbiage "park strips and landscaped buffers."
Line 398 10-5-2 "Tree Selection". Council Member Scott indicated that the only changes or comments made by the City of Santa Clara or the City of St. George in this section, is on line 411 where Santa Clara changed "...shall be selected..." to "...are recommended...". The Mayor and City Council agreed to that should be changed to use "are recommended." in section 10-5-2, except for paragraph B, where that will remain "shall". Council Member Anderson stated that there should be a statement regarding views and neighbors planting tall trees that obstruct views. Council Member Scott referred to the "Tree Selection" section and bring up the need to protect the view corridors and view sheds. Council Member Murphy referred to paragraph E talking about tree placement and suggested put something in that paragraph. Council Member Anderson clarified that the City does not want to police this but have an awareness. Council Member Scott clarified that in paragraph E, to include the idea of avoiding conflict with existing trees, protect view corridors and view sheds. Council Member Mehr commented that since this chapter applies to any zone, there should be a statement that fruit trees are accepted. Council Member Scott indicated that the City of Santa Clara did the the farm-to-table and suggested that in the first paragraph starting on line 400 say "Trees shall be suited for water efficient landscapes, however fruit bearing and nut trees are allowed."
Line 418 regarding hydrozone. Council Member Anderson suggested that be removed. Council Member Scott clarified that the City of Santa Clara took out that section, beginning at line 418. The Mayor and City Council agreed to remove that.
Section 5-3 regarding Irrigation Design Standards. Line 429 Irrigation Controller. Council Member Scott referred to the term WaterSense and suggested the verbiage be consistent with what they discussed previously. Council Member Anderson stated that he did not agree with the controller because he has not seen them function that well and they are more complicated. Mayor Hart indicated that the controllers are a big deal for the Water Conservancy District and the data says they work.
Line 460 regarding prohibited watering times. Mayor Hart commented that the City has a different watering ordinance that prohibits watering from 8:00 a.m. to 8:00 p.m. Council Member Scott inquired if that needed to be addressed in this ordinance because it is addressed in another ordinance. Council Member Mehr suggested that they leave it in because this ordinance is a water conservation ordinance. The Mayor and City Council agreed to leave it in but change the times to be consistent with the watering ordinance times.
Line 436, paragraph C regarding valves. Council Member Scott stated that the City of Santa Clara eliminated that completely. The Mayor and City Council agreed to remove that paragraph.
Line 443 regarding drip irrigation. Council Member Scott indicated that the City of Santa Clara eliminated a portion of that requirement, the portion that says "Spray head to drip conversion for rehabilitated landscape sites may be acceptable with City approval of Irrigation Plans." Council Member Mehr commented that one of the City of Santa Clara's Council Members works in landscaping and that was likely due to his input. The Mayor and City Council agreed to remove that sentence.
Line 451, paragraph H regarding sprinkler heads and line 454, paragraph I regarding check valves. The City of Santa Clara removed those two paragraphs. The Mayor and City Council agreed to remove those paragraphs.
Line 458, paragraph J regarding filters and end-flush valves. Council Member Anderson commented that the end-flush valves are generally for freezing purposes. The Mayor and City Council agreed to remove "end-flush valves" from that paragraph.
Line 460, paragraph K regarding prohibited watering times and month. The Mayor and City Council agreed that should be consistent to what is in the watering ordinance and to refer back to that ordinance.
Line 468 regarding overwatering. Council Member Scott stated that the City of St. George had a note about the recommended times in that section and said that a suggestion is not enough for an ordinance and the schedule is too generous. Council Member Scott indicated that the Water Conservancy Districts language is a recommendation but an ordinance enforce something and the City does not enforce recommendations. The Mayor and City Council agreed to remove language from line 468 through 477.
Mayor Hart referred to the tri-plex where the multifamily starts and commented that a tri-plex does not look like a single family home. The Mayor and City Council agreed. Mayor Hart referred to water features versus pools and stated that resident Lisa Rutherford sent the Council a study that shows why water evaporates and one main reason is water in motion so water features have a higher evaporation rate than water sitting in pools. He suggested that they treat water features like pools and say that the size of the tank creates a restriction on grass. Council Member Scott indicated that one is ultimately limited by the amount of grass that is permitted and gives flexibility. The Mayor and City Council agreed.
Council Member Scott stated the Water Conservancy Districts ordinance had five (5) Chapters so he numbered the Resorts Chapter and Chapter 6 and the Multifamily Chapter as Chapter 7. The idea for this ordinance is that Chapters 1 and 2 apply to everybody. Chapter 3 is only for Single Family and now duplexes and Chapter 4 is only for commercial non-residential. Chapter 5 is for everybody but does not include resorts because that will be a separate Chapter. Multifamily will still address what is in Chapter 5 but it does not address what is in Chapters 3 and 4 because it is replacing the Water Conservancy's Chapters 3 and 4 so Multifamily should really be called Chapter 5, Chapter 5 should be Chapter 6 and then the Resorts Chapter is at the end so that everything flows logically. The Mayor and City Council agreed that the Chapters will be numbered in sequence and read in sequence.
7-2 Landscape Standards paragraph 1. Mayor Hart and commented that the same 8% of allowable grass area based on the square footage of the property, also applies to multi-family and inquired if that made sense to the Council. Council Member Mehr indicated that to him, multifamily means more people and they need a place to go and inquired what that looks like. Mayor Hart clarified that multifamily has less amenity area than an average home would have and suggested that the 8% number possibly be reduced to 5%. Council Member Scott stated that the outdoor space for multifamily is typically a patio or a balcony. Mayor Hart added that they typically have a communal play yard as well and consistent with data that multifamily uses less water per capita, if they used 5%, that would allow a good sized grass area. Since there is less land, the percentage of the overall project ought to drop. The Mayor and City Council agreed that percentage of allowable grass area should be 5% instead of 8%.
Paragraph 2 regarding grass prohibited in park strips, landscape areas and similar. The Mayor and City Council agreed to make that consistent with what the Council previously decided.
Paragraph 4 regarding a percentage of vegetative cover. The Mayor and City Council agreed to be consistent with what they decided previously.
Paragraph 5 regarding secondary water. The Mayor and City Council agreed to use the word "if".
Required documentation. The Mayor and City Council agreed to be consistent with what they decided previously.
Restrictive Covenants in Conflict with Water Efficiency Standards. The Mayor and City Council agreed that the verbiage was okay as it was drafted.
Paragraph C regarding exterior decorative water features. Mayor Hart suggested counting the total capacity against the grass and keep it related to the size of the site. Council Member Scott indicated that they need to make the distinction between a rental multifamily project and an ownership multifamily project. He will work on that. He referred to the Resorts Chapter but preferred to receive comments back from Sentierre before discussing that.