Mike Haycock stated that this is one application but to make it easier to read we put it on two applications. On the south side at Kwavasa Drive and Kayenta Parkway, the applicant is requesting the concurrent portion to also be Commercial Resort land use. The zone they are asking for is Resort Commercial in the hatched area. It is going up north to Kwavasa Drive where it dead-ends, where they are asking for RE-37 which is consistent with the low-density residential land use that exists there already. Matt Marten with Kayenta Development stated we did some extensive community meetings to discuss these areas and future zoning and development we will be proposing over the next year or so. We discussed the vision for this area and people have a pretty good idea of what is going on over there. We are proposing a small boutique hotel/resort. It is not appropriate to go into all of that at this point. We will look at that in the future when we discuss the use of the property. Commissioner Perry Brown inquired what the height of the tallest building in the existing Kayenta Village is? Matt Marten stated 15-16 feet, measured from slab. How we typically design is the perimeter is a lower-profile building so we mass in the center. The human scale always stays more diminished. Anything we do would follow the same scale we do in Kayenta. He did do elevations for the community to show conceptually of what they may look like, similar to Art Village. The new outline that we are adding to this to create the current shape we are asking for in our zoning is in response to the physical land and geography. If you saw it that would make sense to see the stopping places. The original land use had a bubble diagram but those were just that. Bubbles. Chairman Dave Robinson opened the Public Hearing. John Black inquired how many rooms are anticipated for the boutique hotel? Matt Marten stated 44 rooms. John Black stated he is a fan of the Marten's and trusts their judgement and feels they will do the right thing. Fred Castagne stated we had a Zoom comment. Lisa Ganz lives on Bickmore and stated that land use and zone changes should not be semi-automatic. The current tourist accommodations we already have in the City, plus 393 SITLA units, which is an additional 36% more than what they had previously planned, and Red Mountain announcing that they are possibly expanding, is around 43-4600 tourist accommodation units. We have more tourist accommodations than we have existing homes. Residents per the survey are saying we have had enough Short-Term Rentals. We have met our max. She likes their designs but don't base your decision off that. Homes are what is needed. Please do not vote to approve this. Tom Fabio lives on Wisteria Court and he went to the meeting for the presentation of the spa/resort for 44 rooms and it encompasses 9 acres. This zone request encompasses 31 acres. It is an overreach. Once it is rezoned it can be sold and developed by anyone. They have done a great job in Kayenta but the future is unknown. Misty Greathouse stated she is here on behalf of her Aunt and Uncle who are elderly and unable to attend. Many long-term Kayenta residents are. She is also a general contractor. Bill and Cheryl De Hart prepared a letter that she read regarding the proposed land use change near Kwavasa and Kayenta Parkway. They strongly oppose the recommended zone change. The map indicates it will abut their property on Cactus Gulch. They have lived there 31 years and were sold a vision of a future Kayenta which did not include a commercial district next to their home. Living next door to short-term rentals and an active commercial district with added traffic, lighting, noise and nuisance would be detrimental to our quiet and peaceful neighborhood. It would also adversely affect the resale value of our home. As a realtor, she can attest to that. As a long-time resident, they believe the developer has done a wonderful job planning the community as it has evolved, but they cannot support this recommended zone change and hope that the land will remain residential. She has sold homes herself in Kayenta. What will plans be with lighting? Traffic? Chairman Dave Robinson stated they will be held to the lighting and traffic study requirements. What goes there will still need to be approved. Misty Greathouse stated that there are a lot of possibilities of what they could do with that property. A rental in Paradise Village last year was sold for over a million dollars and just listed again for 700k. We are seeing a shift in the economy and nightly rentals are the first to see the impact of that. We strongly oppose those being changed to nightly rentals. Pam Layton stated that she is a 20-year resident of Kayenta and had the opportunity, as did all of us for the vision of Kayenta. People don't always attend meetings that are of use to them. She doesn't want to weigh on any position but the issues that are coming up and a lot of people's anxieties could be addressed if the Marten's explain what they anticipate doing to utilize this area as a commercial property. She believes the development to be advantageous. She supports the changes they are requesting. Kathleen Sanders stated she is a five-year resident of Kayenta. She is a 40+ year commercial real-estate lender. 31 acres being requested for a zone change, relative to 44 units in the boutique hotel brings up a question. If we rezone that, unless they are monster units, that is an overreach on density. The math doesn't add up. So she would not be for this. Lance Anderson stated that the area as a land use has already been zoned Resort Commercial. The road is 108 foot right of way as a minor arterial. Traffic was already designed back when the transportation map was created. The study is based off the land use from Center to Kwavasa Drive, which could be four lanes. It was designed with that intention because the land use is Resort Commercial. We are trying to zone for 31 acres for future planning holistically. It starts with the zone. We have been planning properties for forty years. Diane Riser stated she is a 19+ year resident and lives in the area and the Kwavasa road is poorly maintained, with no stop sign at that intersection. What will you do with all the new traffic and parking? Black Desert Resort is parking underneath their commercial. Chairman Dave Robinson stated those studies will be done at that time when they submit what they want to build. Diane Riser inquired if upgrading that road would be an additional cost to the City? Chairman Dave Robinson stated the developer is required to put the road in and expand if needed, when that time comes. Diane Riser stated she opposes it. Matt Marten stated that he feels the pain about the unknown and what may be there in the future. We will do more meetings with Kayenta in the future. We are committed to working with the community and people that came to the meetings learned a lot and we put people's minds at ease. We will be bringing more zoning to Planning Commission and City Council this year and next years as we try to solidify the Kayenta footprint completely with zoning that moves it out of agriculture so we can plan in those areas and also Low-Density, Medium Density and High-Density Residential areas. Terry Marten stated that Kayenta is 2200 acres and the center has always been the main intersection of Kayenta for the last 47 years. A roundabout is being discussed with the City Engineer and may be constructed in the next few years and will solve the stop sign problems. Most of Kayenta we are trying to put into natural Open Space or Low-Density Residential development. We do need a space for gathering. We created that on our master plan in 1978. We have talked with SITLA about that location for 30 years in 1994. It has always been planned to be a commercial area and central gathering place for Kayenta. There are some people that don't want to see commercial in Kayenta and marched around and signed petitions thinking we were going to build a Marriott there. That was 1992 which we finally overcame and now we have the Art Village. This is less than 1% of the area we are asking to be commercial. What do we do if we don't have that gathering space to support our performing arts center or a restaurant to enjoy the atmosphere of Kayenta if we don't have space to expand? De Hart's have been here 20+years and there is a labyrinth, a tennis court and a sculpture garden taking up two acres between them and the rest of the commercial. We are hardly pushing our commercial endeavor into their face. It would be 300-400 feet from their home. We currently have eight units at Crescent Moon Inn where families visiting in Kayenta come and stay or are getting into real estate and want to see what Kayenta is like. 44 more units is an easy consideration. He doesn't like short-term rentals and we don't have the ability to handle the pressure they put on us. They ride bikes, play pickleball, hike the trails. There is a shortage of places to recreate. Plenty of land but no access to it. We try to create that access and gathering places to support the restaurants and the artists. That is what we are trying to accomplish. Misty Greathouse inquired about the roundabout. Would it be on the corner of Cactus Gulch and Kayenta Parkway and would the City use eminent domain to acquire that? Chairman Dave Robinson stated that is so far in advance and beyond the scope of what we are doing here. When they put plans together all of that will be discussed. Misty Greathouse stated that the 300 feet with pickleball courts they have already experienced a major increase of traffic from that and also Firelake Park. If we agree that short-term rentals are not sustainable why not open it to recreational use like bike trails for the community and the people that are currently living there? Chairman Dave Robinson stated this is the zoning process we are discussing. Kristin Hunt has lived here 17-18 years and the Marten's explained really well in two community meetings what kinds of things they are thinking about. We enjoy the Art Village and all it offers to us. The Kayenta concept is almost sacred to those of us that live there. We have to trust. If the Marten's are doing it, they will have community meetings and trust that they will do a terrific job. If you look at the development of this area, it has taken forty years and it is not High-Density Residential. Because of the covenants they have established there, guarantees us our views, our quality of life and our sense of place. When she shares concerns with the Marten's, they are all ears. Via Zoom Lisa Ganz stated that if this gets approved it doesn't go to City Council for review, so you are the final decision makers for this zone change. The magnitude of the decision by the Planning Commission is incredible. Think this through because you are now responsible for making major decisions for the City. Dale Coulam stated the application review process that does not go to City Council after January 1st is for residential subdivisions. This is a resort commercial development and will still go to City Council. They will have to get a Conditional Use Permit and a resort will be a Class V which is recommended here and approved by the City Council. Lisa Ganz stated that is approved after a zone change request. You don't have to approve every land use and zone change request that comes along. She wishes Terry Marten would have come to the table sooner for the boutique resort. We need to close the City to more resorts. We have too many tourist accommodations. 44 units doesn't seem like a lot, but SITLA increased theirs by 36% from concept plan. That could happen again. Please do not approve these land use and zone change requests. John Budd inquired the differences between the land use and the zone map? Dale Coulam stated that portions of the land use already met the requested land use designation so they are just asking to change the sides of what exists now. Matt Marten stated please don't punish us for being slow growing. We are not a big corporation but we are doing what we envision and think is correct for Kayenta. We are asking for 44 units for the initial project. The community has asked us for assisted living in Kayenta for the residents that don't want to leave or move out of their neighborhood and that is one possible commercial project. There are a lot of possibilities. We are listening to what the community needs. We are not looking to change the flavor or do anything inconsistent. We will continue the community meetings. Commercial and Resort Commercial is an important part of the City. If we were to put residential there we have no longer have the ability to put commercial there and we generate no tax revenue, we are out of balance. We want to create community amenities, places to meet and services, assisted living, etc. We want to start working on those possibilities. Brett Henke stated that 31 acres is listed on the zone change but about five and a half acres of that is roadway. The way to get that road improved is to develop around it. To go to the next step and answer the questions people are asking, we need to know what our zone is. There is no intention to take property and make a roundabout. It will be Kayenta property. This zone change is not asking for projects that don't match the community. Hearing no further comments, Chairman Dave Robinson closed the Public Hearing.
Dale Coulam stated that this is a legislative decision so there is discretion on zoning. There is a table of uses for each type of zone that tells you what can be placed in each zone. A zoning decision is not an automatic decision. It is created after public hearing before both the Planning Commission and the City Council before making a final decision on both the land use and the zone. Commissioner Derek Larsen stated that most people trust the Marten's and their development. What are ways it could go wrong? Dale Coulam stated that following the table of uses anything under that table can be put there as an allowed use, or a conditional use. A different developer could choose a different product type. You can put reasonable conditions on a development to mitigate some of those adverse effects. There is never a guarantee. Commissioner Derek Larsen inquired would we lose control over the property after rezoning? Dale Coulam stated not necessarily. The controls are the same. They follow the table of uses. If a property changes hands, someone else could decide to build something else that is listed on the table of uses. Chairman Dave Robinson stated the land use map shows that this area in the center was already going to be a resort area. They are asking to expand those land use areas on the sides and then rezone. The center was already planned to be Commercial Resort. Commissioner Doug Clifford stated that this area has been long planned for commercial services for the people. We have reached the point that they need more services and this is the area deemed for that. This should not be a surprise. There is infill in other areas of the community and those people have needs that need to be met in a variety of ways. As a land use we have always tried to determine where and how much commercial we need in our community. This is a natural part of growth and it is established in the commercial center and want to expand. It is a legitimate request. Commissioner Pam Gardiol stated that she agrees, but our feedback from the community is no more short-term rentals. We have a dilemma here. How do we rectify 44 units initially? Chairman Dave Robinson stated this does not pertain to the zone change. Matt Marten stated the vision we proposed in concept on the north side of Kwavasa is a mini-boutique managed on site 24/7 not short-term rentals like VRBO's but as a fully-managed business. This is a business where people stay overnight. Commissioner Perry Brown attended one of their community meetings, and they will have more. There were a lot of ideas and open ears. You could hardly step back now without ruining your integrity. We do have the option as this goes forward at the Conditional Use Permit to put some restrictions on this to follow that plan. If the land came under some other ownership we can put conditions on them as well. There will be more plan and detail coming forward in subsequent meetings. Chairman Dave Robinson stated in all the zone changes we have looked at recently, this makes the most sense to him. It has been planned to be this and has been on the land use plan as long as he has been here, and he has been in the City for 30 years. This fits exactly what it was designed to fit from many years ago. Commissioner Perry Brown stated that we may be talking about 31 acres and 44 units but there is a lot more coming and 5 acres of roadway and landscaping and swimming pools or other things that will all be part of that. Chairman Dave Robinson stated but right now, this is only a zone change discussion.
MOTION: Commissioner Doug Clifford moved to approve recommendation on a Concurrent Land Use Amendment from HDR (High-Density Residential) and LDR (Low-Density Residential) to CR (Commercial Resort) and a Zone Amendment from RA-5 (Residential Agriculture, minimum lot size 5 acres) and RE-15 (Residential Estates, minimum lot size 15,000 sq ft) to RC (Resort Commercial) on approximately 31.107 acres. Located at approximately Kwavasa Drive south and Kayenta Parkway. Kayenta Development, Inc.-Owner. Lance Anderson-Applicant. Roll Call Unanimous.
SECOND: Commissioner Pam Gardiol
VOTE: The motion carried unanimously.
| Chairman Dave Robinson |
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| Commissioner Pam Gardiol |
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| Commissioner Doug Clifford |
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| Commissioner Derek Larsen |
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| Commissioner Perry Brown |
AYE |
Chairman Dave Robinson opened the Public Hearing. Stephen Cordray via Zoom stated that he lives in Kayenta and his issue is with lot averaging. His understanding is that up to 25% of the lots could be smaller than the zone. All the lots near them are RE-43 and transition down to RE-20. In transition it is fairly narrow from his property to the Shivwits Indian Reservation boundary. He would like to see the RE-37, without lot averaging. Rhonda Chertkow stated she is a Kayenta resident for 30 years. How big is a lot proposed to be? Are they a lot smaller than the existing lots that are there now? Chairman Dave Robinson stated these would be about a quarter-acre smaller. Rhonda Chertkow stated she is against it because it affects what she looks at. Hearing no further comments, Chairman Dave Robinson closed the Public Hearing.
Terry Marten stated that the lot averaging is so we can configure lot layouts. We create lots to get them as square as possible. Then houses can be rotated for the best views so houses are not lined up in a straight line and are a more attractive development. If we do not do lot averaging the topography issues would create smaller lots. 37,000 sq ft would be no more than 25% so 7,000 feet less so maybe under 30,000 sq ft. These are not small lots. Commissioner Perry Brown inquired if lots adjacent to this proposed area are less than 43,000 sq ft? Terry Marten stated yes. Lance Anderson stated 43,000 sq ft is a Planned Development so we average for that whole area and it is very low overlay. The overlay can go a lot lower but we do not choose to do that.
MOTION: Commissioner Pam Gardiol moved to approve recommendation on a Zone Amendment from RA-5 (Residential Agriculture, minimum lot size 5 acres) to RE-37 (Residential Estates, minimum lot size 37,000 sq ft) with lot averaging on approximately 98.11 acres. Located at approximately north of Kaleva and Kwavasa Drive. Kayenta Development, Inc-Owner. Lance Anderson-Applicant. Roll Call Unanimous.
SECOND: Commissioner Perry Brown
VOTE: The motion carried unanimously.
| Chairman Dave Robinson |
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| Commissioner Pam Gardiol |
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| Commissioner Doug Clifford |
AYE |
| Commissioner Derek Larsen |
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| Commissioner Perry Brown |
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