Mike Haycock stated this is located on the northern half of the parcel that abuts 200 North. The applicant is asking for RE-12.5 from the current zone of RE-43, which is adjacent to the east and south. RE-25 Planned Development abuts this property as well. The land use is Resort Mixed Use and all residential zones are allowed in that Resort Mixed Use land use designation. Dale Coulam stated the RE-25 is a Planned Development and is an overlay so the lot sizes can vary but as they go north would typically get larger. The blue on this map, touching corners with the cross-hatch on it is RE-12.5 with a Subdivision Enhancement Overlay and so that can have varying lot sizes too. They received a density bonus, which can be less than 12.5 because they gave up some open space. There was a wash or a park that was given up for that density bonus. What is being asked for is a minimum lot size of 12,500 sq ft and larger. Chairman Dave Robinson stated that this is just half of the parcel. North of Center Street. Commissioner Pam Gardiol stated she is noticing the zoning surrounding this of another time when we looked at spot zoning. The usage in that particular place did not have an adjacent parcel that was congruent with this. So only one tiny corner is zoned the same as this petition. Mike Haycock stated that typically we have buffered against property lines going gradually from bigger to smaller sized lots. Commissioner Pam Gardiol stated she doesn't see the buffering. You are talking about a gradual increase in density. This appears to be an island with surrounding zones. Dale Coulam stated that the cross-hatch lines on the map for RE-25 Planned Development is not a straight 25,000 sq ft. They will be varying lot sizes and will be much smaller and the RE-12.5 touching is not straight RE-12.5 either. That development got a density bonus and may be smaller than 12,500 sq ft. This proposal cannot go smaller than RE-12.5, with the natural buffer being 200 North Street between these developments to separate them. Commissioner Doug Clifford stated that Planned Development is not large lots. They are probably around 1/3 acre. Originally this was all planned as large estate lots down to duplexes all the way down to Center Street in the old days. They were staggered lot sizes going up. Chairman Dave Robinson stated it looks like it is still that way on the Planned Development. Tim Anderson stated that he is a lawyer with Kirton and McConkie, St George law offices. He represents Kamas-Outback, LLC and Yife Tien that lives in Florida. He is the one that brought us the Rocky Vista medical school. When he acquired that property, he also acquired the property around it to be sure that the area around the medical school would be compatible and what the community wanted. We've been pretty good with that and have turned down a number of carwashes and convenience stores that have approached us about putting something on Center Street. RE-12.5 is the minimum, but if you look at the plan, the smallest lot is 13,200 sq ft up to 21,066 sq ft. We have gone beyond the limitations so they will be large lots for the area. We wanted to avoid a situation for a road to run East/West across this property. They traded some land along Park Avenue to get a commitment that we would not have to have a road that opened up onto Park Avenue. This is extremely compatible with what is across the street on all sides. The entrance positions will not interfere with what we think the prime congestion is with the school. We have had some other ideas on how to use this property, like a City Center, but that didn't seem to carry very well so we tabled that. Large residential lots will be compatible and fit well with the community. As far as future planning, we haven't concluded anything, but we will look at what we want there and what the City would want there. We think this is a really important place and whatever we do, we want it to fit in the community. Chairman Dave Robinson opened the Public Hearing. Sharon Gillespie stated she lives on Ridgecrest Circle. On the notice for the Public Hearing it said approximately 200 North and 500 East. We don't have a 500 East and needs to be corrected going forward. She lives in ungated Palisades and we were concerned about lot sizes when the original presentation was made, The lot sizes and design in this plat map seem much more reasonable. We were pleased to see that the entrance to this development will be created off of north 400 East to help traffic flow. She is wondering if these will be single-story single-family homes? Will the lots be sold prior to build or will they be one builder and spec homes. That is a concern to the neighbors. Our biggest concern is traffic. We have a large amount of traffic that comes through Center Street, down 400, coming across 200 and up Park Avenue Way back to Center Street that is a flow in both directions. Obviously, it is significantly higher during drop-off and pick-up for the school, but at one point we couldn't get out of our neighborhood because of it. It concerns her and her husband who has 40 years in Public Safety that there was no way for an emergency vehicle to have gotten into that neighborhood. It has gotten a bit better since the right-hand turn lane. We are concerned about construction traffic along with the school traffic. On 400 there are a lot of students and teachers from the Rocky Vista medical school that use that street to park on both sides of that street. That with school kids and construction traffic creates a disaster. She also wants to clarify if the height requirement will fall under the current ordinance prior to any amendments under consideration. Leslie Andrews stated she lives on 390 East in Red Mountain Estates stated her concern is how easy is it for a developer to change their plat map to townhomes since it is Resort Mixed Use that allows for any type of residential? Parking is a huge concern and the safety on 400. Access is hard now. We often have to go down to the roundabout to get onto Center Street because we can't get through. We want to make sure that each of those lots are for a single-family home not duplexes or a four-plex townhome. Creed Jones lives north of this proposal. He appreciates the mailing with details to help understand it. He is opposed to the change from a property value point of view. We love the area and noticed that in the northeast sector of Ivins is a little higher property value and bigger lots as you get closer to the Red Mountain and Tuacahn. We wanted to be in that area. Why lessen that particular area? You aren't talking about zoning it up to RE-43. It was already done for a reason and their decision was based on that when they decided where we would build. His preference is to keep it RE-43 with larger lots and better and higher property values. Sharon Barton stated she lives on Mesa Vista Drive stated she sent an email with a photo attached and she is concerned about traffic. When is it the right time to look into requesting some type of heavy construction route? Can we include a solution for heavy construction traffic flow? Once a route is in place and posted residents, students, teachers and pedestrians will have the ability to plan their travel accordingly while knowing the City is doing its part to protect their personal safety and welfare. The photo is an example of students using a minor collector road without adequate sidewalk access for them. Heavy construction traffic forced them onto personal property. She has shared this photo in the past with the Mayor, Dale Coulam, Chuck Gillette and Chief Flowers. They have been very good at addressing the problem and coming up with short-term solutions. Now is the time with our population projected to be 20k+ residents, that we look at getting specific construction routes in place and protecting residents and taking care of their welfare. Dean Rossiter stated he lives on Park Avenue Way. He lives on the opposite side of the street from this proposal. This is an improvement over what was originally proposed. There is not enough information to make a decision whether this is truly going to be better or worse. For consistency, single-story is very important to be able to protect views. Flat roofs are consistent with the homes in the area. Emphasize no vacation rentals with this current zoning. The impression is there is going to be a wall along the north side of the development to enclose it. It would be helpful if infrastructure is in place even before homes are constructed to keep down dust and noise from the construction. That would also alleviate the concern where garages will be and how they will lay out. We can give much better feedback if we knew how it was laying out whether it makes sense moving forward. Bill Egbert stated he lives on Park Avenue Way and regarding lot elevations, in the past behind them in Palisades there are builders that have come in and raised the ground 3-5 feet. What would the proposed elevations be based on existing roads? As far as a buffer, he would like to see sidewalks for the school kids to get around that block and know how much distance between the sidewalk, the road and the back wall. Who takes care of that landscaping? Aprile Beardall lives on Park Avenue and during pick-up and drop-off they parents park on the other side of the street, in the roundabout which is only one lane. She has had to go in the wrong direction through the roundabout to get to her house. Traffic is her concern. Otherwise she is favorable. She likes the larger lots. Brian Comnes via Zoom stated he lives on Pachua Circle, and inquired the Commissioners to address the rationale for any upzones in Ivins due to water issues. The Mayor is on public record in the paper saying we have a water issue. What are the benefits to increasing density and adding more houses than we have planned for? Colette Ames lives on Park Avenue. She stated that Vista school children during school hours for physical education credit, run around this block and around Park Avenue. She is just concerned for their safety with construction and an increase in traffic. Jordan Whitlock stated he is the designer on the project. This will increase safety because sidewalk will be around the portion we are developing. That will have a 20-foot landscape buffer, with a 5.5 foot separation from the curb. This is a buffer zone compared to what is around it. There is Commercial to RE-43 which is a bigger jump than this proposal. Hearing no further comments, Chairman Dave Robinson closed the Public Hearing.
Chairman Dave Robinson stated to answer a few of the questions, the address is listed approximately because that is where the entrance will go. This property is not zoned for multi-structural type of use. Resort Mixed Use is the land use and the zone will define what can be done. It would be residential single-family dwellings at a 12,500 sq ft minimum. In these projects we require that walls be put up around them and sidewalks around it and as the designer expressed, there will be 5 feet between that and the sidewalk so there will be a buffer between the vehicles and the sidewalk where children will be. 20 ft total to the wall with landscaping, to be maintained by the City if it is dedicated to the City. Dale Coulam stated who takes care of the landscaping depends on the classification of the street whether it would be an HOA or the City. We would review this at Preliminary Plan. This is kind of a concept plan they have shown what they are planning on doing. RE stands for Single-Family Residential Estates and are intended to be larger lots. The maximum height under the current ordinance is 25 feet for residential. As far as detailed plans that will be in Preliminary Plan and construction drawings. They were kind enough to share this concept of what lots will be, to be considered to meet the zone they are requesting, which were much larger than they are requesting in some cases. If this zone is granted you would see this concept plan again and then the Preliminary Plan, which is where a lot of the details you are wondering about will be submitted to the City. This is a conventional subdivision so there would not be a Public Hearing. Commissioner Doug Clifford stated that the construction route is an interesting concept for the entire City but not necessarily an issue for this piece of property with the exception that they have the school. Crossing guards maybe to keep people from blocking those access points. It is a real mess and he lives in that area as well. Flat roofs etc are strictly up to the definition of what they will do internally and if they have an HOA and CCRs. Tim Anderson stated that there will be tight CCRs and very little common ground to be governed. Commissioner Doug Clifford stated the zone is very compatible in terms of lot sizes. Chairman Dave Robinson stated it buffers Commercial. Commissioner Doug Clifford stated the challenge is school traffic and help solving that problem in time of construction. It is very consistent with what we have around it and it is an extension of what we have on the north and east of that area. Commissioner Pam Gardiol stated that a lot of comments this evening, we would look at during Preliminary Plan and through staff reports. She was glad to hear the item get brought up of safety, especially safety for the children. Chairman Dave Robinson stated that creating a commercial traffic route we can't do anything in this body, but a route would be great to designate for them. As far as water is concerned, we still need to be cautious but that is out of our hands and with the Washington County Water Conservancy District. They tell us what we can and can't approve and until they say no more, we move forward.
MOTION: Commissioner Doug Clifford moved to approve recommendation on a Zone Amendment from RE-43 (Residential Estates, minimum lot size 43,000 sq ft) to RE-12.5 (Residential Estates, minim lot size 12,500 sq ft). Located at approximately 200 North and 500 East. Kamas-Outback, LLC-Owner. Tim Anderson and Kirton McConkie-Applicants.
SECOND: Commissioner Bob Morris
VOTE: The motion carried unanimously.
| Chairman Dave Robinson |
AYE |
| Commissioner Bob Morris |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Pam Gardiol |
AYE |
Mike Haycock stated that this property is located on Guy Lane and Fitness Way. This was just zone changed to Resort Commercial on this parcel. This presentation is for both a Class V Conditional Use Permit and the Preliminary Plan. They get recommended by the Planning Commission and moved on to City Council for final approval. These are all individual lots which are resort hotel lots. They can be placed in a rental pool and have additional parking. Resort Commercial doesn't require amenities, but they have added some to the project. Lance Anderson stated that this plan was in place before Mojave Flats or Mojave Mesa were even designed. He bought all the properties at the same time and did the zoning together. It started at 12,500 sq ft lots, 10,000 sq ft lots, and 7,500 sq ft lots. He even did some 5,000 sq ft lots but couldn't get those built. He then went across the street to Resort Commercial. This property has a good access off of Hwy 91 with a roundabout and wide road in front of Sage Villas. Ryders has been there for a lot of years. Movara has short-term rentals right there. Azalea and Sage Villas are townhomes and a pump station for sewer on the edge of the property. This property is down in the hole and in the lowest area over there. This has been a thought process for many years, and he is not just changing it because we are trying to change our General Plan. He is hoping to keep control of the architecture. The economy is making that more difficult. Commissioner Bob Morris inquired what the advantage would be to have them individual lots rather than four-plexes? These are short-term rentals in keeping with the resort destination? Lance Anderson stated he believes it will be more housing than short-term rentals. He can't say that for sure, but the need for housing is greater. Commissioner Bob Morris stated that having them be individual lots could make them more affordable. Lance Anderson stated that it is hard to tell right now. We had a dream for years that nothing past 400 West would be smaller than RE-25. At the time that was our City's commitment, and then slowly things changed. He has been in these meetings for 20 years and moved to Ivins when there were only 600 people here in 1978. When people say we are taking away theirs, they have already taken away ours. We are all here to enjoy this area. Chairman Dave Robinson stated that these are being sold as individual units with the ability to be rented? Lance Anderson stated he doesn't know if they will be sold individually. They can. And they can be used as nightly rentals. Commissioner Doug Clifford inquired on the expected home size on these lots? Lance Anderson said they could have a 12-1500 sq ft home there on each level. These can go up to 35 feet. They start down in that hole. Dale Coulam stated that the purpose of this Public Hearing is for a Conditional Use Permit and although that is an administrative hearing, we allow for a Public Hearing at the Planning Commission level. There will not be another Public Hearing at the City Council level. This is a Class V Conditional Use Permit and City Council makes the final decision with minutes from public comments that are made. The purpose of a Conditional Use Permit is to come up with a list of reasonable conditions to mitigate any possible adverse impacts to surrounding areas. Staff has started that process and it has the description of the project, the standard conditions and ordinances they are required to abide by. There has been a lot of discussion about color that the legislation has changed. That was not changed for Commercial. Those design guidelines still apply to this project. Then we get to conditions specific to the project. As a Resort Commercial development, it is not required to be subdivided. The applicant chose to do a Preliminary Plan if they decide to sell them off, otherwise it would just be a Conditional Use Permit and then they could commence construction. The Preliminary Plan is helpful to know what is being planned. Resort hotel units must be in a rental pool operated by the resort, but they are not required to be rented. People can buy these as a permanent home. There are some low lots that may require a sewer pump and that is to be noted on the plan. This particular project is not required to have street lights because it is in the rural lighting zone. Means of ingress and egress will be defined on building applications and construction drawings. They need to submit a final garbage plan. In the Preliminary Plan stage we need to know if there will be phasing and what will that be. They need to do a more detailed final drainage study to include an analysis of how much water flowed across this property before and after the project. TRC looked at this plan, and for the Preliminary Plan they need to show landscaping in the buffer area on the north side of the project. This project must conform to the project plan, so we don't see one thing and then something else is built. They will be required to build what they show here. That is our starting point, but as neighbors and property owners, you may see things that are of specific concern to you that we haven't thought of as an adverse impact, so we can come up with reasonable conditions to add to the list we started. Chairman Dave Robinson opened the Public Hearing. Lisa Ganz stated she lives on Bickmore Circle and has a daily to-do list that her husband thinks is crazy and listed at the top is wisdom and consequences. She tries to think about all the decisions she is making and try to use wisdom in making them. She also tries to understand even the unintended consequences of that decision making. She uses that to help frame how to live her life. Despite opposition from the public on these two Public Hearings on this, which were held at the same time as the Town Hall meetings, there was quite a bit of community input opposed to short-term rentals, resorts, and upzoning. Despite all that input, with a lot of people against Resort Commercial zoning, Planning Commission and City Council approved it back in October. Although Ryders auto is there, most homes are single-family residential. Since that time, the survey has given a lot more information on the community's desire to not have any more resorts or short-term rentals. That zone change has already been done so now we are faced with the consequence of your decision to upzone. You keep saying it is just a zone change and we will learn what the developer has planned after the zone is approved. Even though we all assumed it would be resort hotel when you approved it in October, it was not stated and now we are finally hearing it is resort hotel. The good news is we have a Resort Commercial zone with plenty of other things in the table of uses that fall under there that are not resort. You have a lot more information today than you did back in October from the community on resorts to make those decisions. Councilmember Jenny Johnson has stated that we need to take that out of the plan. She understands you have to live by what today's General Plan is, not what it will be changed to, but Resort Commercial means it could be anything. It could be dwellings, an art studio, even a daycare center. You've heard it loud and clear, Resorts and resort-hotel, the community doesn't want it. The comment that Lance Anderson has been planning this for awhile, he just got the zone changed in October, so that is not a valid argument. The people living next door deserve to have something more compatible. 35 feet is not compatible for that area, so she urges the Commission to vote no on anything related to resort and find something else in Resort Commercial. Dave Appel stated that he lives on 200 West off of Hwy 91 and wondered on the Santa Clara graveyard wash, how far will the water be pushed up that wash towards this property? He also doesn't want five lanes on Hwy 91. What is a different way of getting out of this development other than onto Hwy 91? He doesn't have a problem with people using their land and making money on it. Until Washington County Water Conservancy District says we can't build, that is just the way it is. Traffic will be affected on Hwy 91. Sharon Barton stated she lives on Mesa Vista Drive. We keep referring to the 2015 General Plan. Back then we didn't know what an adverse impact short-term rentals were going to be on this community, but since we have the survey results, now we do. It's traffic and garbage and noise and taking away the opportunity for more moderate-income housing. It increases rent and prices in our neighborhood. We have the opportunity to not let this happen any longer in our community. Sometimes developments work out, sometimes they don't. We as residents should not be told the developer is entitled because he has the land and a vision for a long time. Sharon Gillespie stated she lives on Ridgecrest Circle and on the application townhomes was crossed out and changed to resort hotel. While she respects the developer's tenure in this community, and his knowledge of history of the changes, it has become a bit tiresome. We all understand growth happens and we are all a part of it, and a result of it. She is grateful that we are. We need to mitigate adverse impacts. She spoke on and provided a twelve page document in September on adverse impacts of short-term rentals that clearly nobody read. The statistics and data are there. It increases the prices of rentals. There is nothing to keep it from being bought by investors, so it is not adding to the community, just adding to pockets. It flies in the face of the moderate-income housing initiative that the State is thrusting upon us all. As far as appearances, look at what is built behind Harmon's that is what you are going to get. It doesn't fit in our community. The other problem is the neighbor's property values and bottom line is affected by short-term rentals. Mindy Palmer stated she lives on Fitness Way right on the corner next to this and when she bought, she was told it was all residential. The thing she loves it is so quiet. She loves her neighborhood and house. The townhomes were there when they moved in so that was fine. There is a lot of partying and garbage on the street. She is not happy with this. She does not want nightly rentals across the street. Ivins and the area she lives in are so beautiful and it is disappointing to learn all this. They moved from Salt Lake City. That will be a party area. Cops go the townhomes already and they will for the nightly rentals. It saddens her that this is the plan. She is totally against it. Fred Castagne stated that there is no one on Zoom. Lance Anderson stated that the land use was changed previously so people would know what to expect there. Mike Rodriguez thought it should go to Resort Mixed Use and when Resort Mixed Use was later decided that it didn't work in Ivins anymore, it was changed to Resort Commercial. It was zoned a long time ago so that when people bought their house they would know. Realtors should have also told you that the land behind it is Commercial that could be restaurants or lots of other choices. The land use has been the same since day one. The vision has always been there. Townhomes was because he followed the Black Desert Resort application and when TRC had their meeting they said it needed to changed to Resort Hotel. That is why it is crossed out. That is what TRC does and he appreciates that. They have eight department heads that go to those meetings. The architecture does not have to be a square box. With moderate-income housing and the opportunity to be three stories or 35 feet for Resort Commercial they don't have to be rented out and he wants to keep some level of control on this project just like the last two projects. He has a pretty good track record of keeping our design guidelines in place. We have been living by them since 2008. You may get tired of hearing him, but he is going to keep saying it because it is important. People that live here today don't realize when their property was zoned, how it impacted our values and plan, but we couldn't control that because we didn't own it. The way anything past 400 West has been zoned has changed our values, but it is what City Council chose to do, so we complain, we adjust and move forward. Mark McDermaid stated he lives on Fitness Way, houses away from this proposed project. Lance Anderson is a neighbor of his and it is his right to develop this property. Visit the area we are talking about. We are under extremely high density residential the way it is right now, with the townhomes to the north, Movara and Mojave Mesa where he lives. We build something of this variety here, which is very large, and there is only two ways in and out of this area. We are going to have a traffic nightmare, especially if they are rental properties. Rental people don't care about the neighborhood. He is not trying to degrade where he lives. When he moved there, he thought it was wonderful with the mountain behind him. He can walk there. It is quiet. If it is allowed to be built next to us it will be majorly overbuilt. It will be chaos. There are a lot of problems that exist in Mojave Mesa right now. There are a lot of structural problems where he lives, and we need resolutions to those issues before building next to us. Enough is enough. You can only build so much. Shauna Fisher lives on Bickmore. She has come to a few meetings, and it is frustrating because she worked for Human Resources with an international global company for 35 years and the conflict of interest whether perceived or real with our Councilmember building in Ivins. He has probably rubbed elbows with people on the Commission and Council. It is not right. This Planning Commission and Council and Mayor need to take a better look at that. That is the elephant in the room. She bets she is not alone in thinking that. He touts how he has been around so long, and it is being overplayed. Everything was small and wonderful and now these new people are here, and yet he is trying to make it bigger and more populated. It is ironic. It is also ironic that the Commission is told they can't worry about water. We are told to have decorum and be quiet, but she couldn't hear Mike Haycock's presentation because the petitioner talked loudly through it in the back of the room. she asked politely and he called me rude. She felt he was very rude because she couldn't hear. Regarding parking and the crowd on Hwy 91. Take a walk over there. It is very crowded. She picks up litter on Hwy 91 and runs a volunteer group and Hwy 91 is where she goes almost every time. Traffic is terrible. Taking a left out of Kwavasa, she counted 27 cars in just a few minutes. In showing the plan, a lot of the petitioner's answers were he doesn't know yet. That is not a good process to be asked to make critical thinking decisions based on "I don't know." She has only been here a year and a half, but she has been educating herself. Going to the meetings. Talking to people. Participating in the survey. We need to educate and use that wisdom. Now that we do have that information and those studies, please listen. It is getting really tiresome for citizens to have all these things pass. Lance Anderson stated that the City has a plan to extend the road to go to the new park and it will go to the Corridor. The water by Brett Kee's other subdivision is where the roundabout will be eventually. That is where graveyard wash will come is up to that Corridor. Between that, is the RV Park and Pendleton's and then this project. That is another access through there. Hearing no other comments, Chairman Dave Robinson closed the Public Hearing.