All present included
Council Member Scott,
Council Member Johnson,
Council Member Murphy,
Council Member Anderson,
Council Member Mehr,
and
Public Works Director/City Engineer Chuck Gillette.
STAFF:
City Manager/Attorney Dale Coulam,
Parks and Recreation Director Benny Sorensen,
Public Safety Director Bob Flowers,
Fire Chief Andy Parker,
Building and Zoning Administrator Mike Haycock,
and
City Recorder Kari D. Jimenez.
EXCUSED: None.
Audience: Bonnie Kline, Barb Ervin, Kathy Barth, Matt Marten, Dave Appel, Caren Kalogrides and others who did not sign in.
Mayor Hart acknowledged there was a quorum present.
Council Member Anderson led the Flag Salute.
Council Member Anderson gave the Invocation.
Council Member Anderson disclosed that he had a conflict of interest with agenda items 4)A, B, C and D. There were no other disclosures or conflicts of interest with items on this meeting's agenda.
Combined Drawing Oct 2023
South entrance Parkspass mockup
Options
Kristen Comella, Snow Canyon State Park Manager provided an update on the ongoing discussion regarding the proposal to relocate the south entrance and roadway to enhance the visitor experience and improve fee collection. Three (3) options were presented, each involving the addition of a second incoming lane. Option 1 included a 300-foot long second incoming lane, accommodating 12 vehicles per lane, resulting in a total of 24 vehicles in line at the entrance. Ivins City would need to transfer 1,100 feet of roadway to the State park for this option. Option 2 featured an 800-foot long second incoming lane, allowing for 32 vehicles per lane, totaling 64 vehicles in line at the entrance. Ivins City would be required to transfer 1,584 feet of roadway to the State park for this option. Option 3 proposed a second incoming lane that is 580 feet in length, accommodating 23 vehicles per lane, resulting in a total of 46 vehicles in line at the entrance. Similar to Option 2, this option would necessitate the transfer of the same amount of roadway as Option 2 to the State park. The proposed changes would not include curb and gutter and about 100 feet of the adjacent paved trail is situated above the road grade. To address that, a small retention wall would be constructed for safety purposes. The existing paved trail would be separated by a small gravel strip, similar to the setup on Tuacahn Drive. The implementation of the changes would require approval from Ivins City and the transfer of a portion of the roadway to the State Park. Mayor Hart emphasized the importance of the Fast Pass Lane and its efficient operation to prevent traffic backups onto the Ivins section of the road. Kristen Comella commented that this was open for discussion and there may be some flexibility in terms of the length of the lanes to effectively accommodate the Fast Pass Lane. Mayor Hart stated that having the entrance booth a certain distance from the parking lot was preferred and inquired if the roadway in question served any potential development in Ivins. Kristen Comella clarified that it primarily served the State Park and its transfer wouldn't impact Ivins' development plans. Mayor Hart suggested that the Fast Pass Lane could be extended to address concerns from residents regarding traffic backups. He emphasized the need to ensure efficient access for visitors to prevent backups. Council Member Murphy raised concerns about cars parked along the road near various developments, including Vermilion Cliffs and Eagle Rock. She expressed the need to address this issue and explore potential solutions to prevent cars from being parked across from those developments. Council Member Mehr inquired if there were plans to expand parking in the park. Kristen Comella explained that there were plans to expand parking in Snow Canyon State Park and highlighted that the potential relocation of the south entrance station was linked to parking expansion projects in various areas of the park. She also discussed ongoing projects, including expanding parking in the main canyon, Johnson Canyon Scout Cave parking lot, and the north end of the park near SR-18. In total, the park was looking to add approximately 200 to 225 additional parking spaces. Council Member Johnson suggested that extending the Fast Pass Lane down could potentially prevent parking along that area, which would address Council Member Murphy's concerns about parking issues. Kristen Comella explained that the parking in question was designated by Ivins City during the COVID pandemic and suggested that a reassessment might be needed to determine whether it should remain for public parking or be labeled as a no parking area. Council Member Anderson asked if the Technical Review Committee (TRC) had examined the proposal and if there were any reasons not to proceed with it. Mayor Hart clarified that the proposal was still at the presentation stage and that the TRC review would be the next step. Chuck Gillette expressed his concern about cars backing up and preventing residents from getting into those subdivisions. Having more stacking for cars would be better. Council Member Anderson emphasized the need to ensure that the path was maintained. He also raised the concern of not allowing other parking lots to be built below if the road were transferred to the State Park. Kristen Comella clarified that the state park-owned property on either side was within the Red Cliffs Desert Reserve, and they had no intention of developing parking lots that would trigger any litigation. Mayor Hart expressed agreement with the idea that there should be a comfortable distance between the proposed booth and the Johnson Canyon parking area, which is within the fee area and agreed that there was a need to maximize the stacking of cars. Dale Coulam clarified that giving up the property would require a public hearing because it involved transferring City property. The city council would need to find good cause for the transfer, and a survey would be required to create a legal description of the right-of-way to be transferred. Council Member Anderson and Council Member Mehr questioned whether it was an easement or a sale of the right-of-way. Mayor Hart indicated that Ivins City would be transferring the property. Kristen Comella provided insights from conversations with their land’s coordinator in the Salt Lake office. There are two (2) potential avenues for the transfer. One option would be to deed the property over to the State Park, which would not constitute a sale but a formal, long-term process. The other option would be to go the interlocal route, which typically had a 30 to 40-year timeframe and was a quicker option. However, interlocal agreements, in the long term, could become more complex if people lost sight of them. She inquired about what the next steps would be in working with the City to move forward. Dale Coulam clarified that the next steps would involve deciding which option to go with and then conducting a survey of the right-of-way that would be transferred or subject to a long-term access easement and holding a public hearing would be necessary, as well as an ordinance passed vacating the roadway if that was the chosen route. A Quit Claim Deed is usually prepared along with the ordinance. The decision-making process involved determining whether it would be a long-term access agreement or a transfer of the right-of-way to the State Park. The key factors to consider were the advantages of getting rid of the maintenance responsibility and the benefits for the City's residents, who would likely have Fast Passes. Once those decisions were made, a public hearing could be scheduled. Council Member Anderson inquired about Dale Coulam's preference as the City Manager regarding the proposed transfer of property. Dale Coulam stated that giving up the maintenance responsibility was preferred. Mayor Hart mentioned that additional improvements were being made to the property, such as widening it and protecting the trail. Kristen Comella sought clarification on whether the transfer would include both the roadway and the adjacent paved trail. Council Member Anderson stated yes and emphasized the need to ensure that the trail's maintenance and preservation were explicitly mentioned in the deed to guarantee its long-term existence. Council Member Mehr expressed a preference for local control but acknowledged that in this case, the transfer seemed acceptable. Council Member Scott commented that it was beneficial to transfer the property, including the removal of maintenance costs for the City and there was an advantage of the Fast Pass for residents. Mayor Hart agreed and suggested posting no parking signs on the section of the road that goes into State Park property.
Parks and Recreation Report
SCI Fire EMS Report
Benny Sorensen submitted an electronic report. A copy of the report is available as an attachment to this agenda. He reported that the Halloween party organized by the Youth Council and City employee Sarah Nash was well attended and featured a few activities, as well as pizza and a movie. Bingo-in-the-Park has been popular, with nearly 50 people attending on Tuesdays and Thursdays. Other completed activities included youth cross country, volleyball, flag football, and basketball registration. Wreaths Across America is scheduled for the 16th of December, and the Run-Run-Reindeer 5k run will be held on December 23rd. There are ongoing maintenance efforts including the landscape area across from Vista School and the cemetery. Mayor Hart commended the Parks and Recreation Department for its outstanding work in providing recreational activities for the youth. He praised Sarah Nash and the entire staff for their remarkable efforts in managing various responsibilities, including streetscapes, park properties, and the cemetery.
Fire Chief Parker submitted an electronic report, a copy of which is available as an attachment to this agenda. He reported on the department's emergency response efforts and recent accidents in the area. He noted that there had been multiple accidents, some of which were severe. Responders had to use the jaws of life to extricate several victims from an overturned vehicle on Old Highway 91. This incident involved collaboration with the Santa Clara Ivins PD and the Washington County Sheriff's Department. There was also a rollover accident near the Arizona border, as well as a significant accident on Dixie Drive, where both ambulances were dispatched to transport patients to a local hospital through the Mutual Aid Agreement with Gold Cross. Members of the department attended the Firehouse Expo in Columbus, Ohio, where they participated in various classes on large resort-style response and command and control. The knowledge gained at the expo would be used to develop future training programs. Community events were also highlighted, including an open house for Fire Prevention Week, which was attended by approximately 100 people. The second annual chili cook-off between firefighters and the police departments at the Washington Veterans Park is coming up. Regarding the wildland fire program, the cooperation agreement with the State grants access to state aircraft and support for vegetation management in the region. The program had generated approximately $330,000 in revenue and covered some expenses, resulting in funds reinvested in the program. The wildland crew involved on-duty staff members, and the State covered associated costs. He also mentioned the upcoming arrival of a new fire truck in April.
| C. |
Presentation by the Santa Clara Ivins Public Safety Department |
SCI Public Safety Report
SCI Charting the Course Presentation
Police Chief Bob Flowers submitted an electronic report. A copy of the report is available as an attachment to this agenda. He referred to a PowerPoint presentation which was an overview of their activities and strategies that they call "Charting the Course." A copy of the presentation is available as an attachment to this agenda. He introduced Captain Rodgers to present graphs related to the City's crime picture and Lieutenant Studley would discuss some of the activities from the previous year. Captain Rodgers referred to the PowerPoint presentation and highlighted specific statistics related to property crimes and crimes against people. Property crimes included theft, burglary, and criminal mischief, while crimes against persons included assaults, domestic violence, and child abuse. He noted that property crimes were at 163 calls, and crimes against persons were at 437 calls, which was on track with the previous year. Those types of calls are time-consuming and explained the significant man-hours required for investigations. There was a 9% increase in property crimes and a 10% increase in crimes against persons this year, which was higher than the usual 4% increase. He attributed that to the growth in the County and the associated increase in calls for service. The total calls for Ivins and Santa Clara has increased by 80%. Council Member Anderson inquired if those calls included 911 calls. Captain Rodgers clarified that not all of them were 911 calls, but they included calls from dispatch and calls initiated by officers during traffic stops. Council Member Scott inquired about the trend of increasing calls and whether it was seen in other cities in the County. Captain Rodgers indicated that he hadn't specifically researched that aspect, but indicated with the growth in the County, which had been significant since 2022, likely led to an increase in calls for service. He acknowledged that growth typically results in more service calls. Council Member Mehr sought clarification on the nature of the calls, asking if they were related to crimes against people or property. Captain Rodgers clarified that the data presented encompassed all calls received by the department that year. He offered to break down the data further in the future to show specific types of calls or group them based on different criteria. The data presented tonight was meant to provide a general overview of all calls received in Ivins City, demonstrating that they were widespread throughout the City. Lieutenant Studley presented the comparison of Ivins City Police Department with other police departments in the County, including Hurricane City Police Department, Washington City Police Department, and St. George City Police Department. The number of calls for service, per officer, per year for each department was calculated and Ivins City had the highest rate, with 352 calls per officer. He also highlighted the officer per citizen ratio, with Ivins having the lowest ratio at 0.8 officers per 1,000 population. Hurricane City had the highest at 1.7 officers per 1,000 population. The FBI standard for agencies of SCIPDs size is 2.4 officers per 1,000, and the Utah average is 1.7. SCIPDs goal was to have one (1) officer per 1,000 population, although achieving that goal would take time. He highlighted the department's focus on training, education, response times, and accountability. He referenced the successes they had achieved, like receiving accreditation and solving cases including a murder case and the recent child abuse and torture cases. SCIPD was committed to providing the best service and continually improving their strategies to meet the needs of the cities. Police Chief Flowers emphasized the importance of transparency and accountability and discussed the increasing demands on the police department and the need to adapt to changing times. He highlighted their focus on training and strategies and discussed the rigorous standards and accountability measures in place, including the review of the use of force by the Justice Department. They are committed to maintaining high standards and may request additional resources in the future to meet the growing demands. He expressed gratitude for the support the department receives the City Council and residents. The department is dedicated to addressing crimes against people and referred to the Victim Advocate's role in providing support to those in need. He discussed the challenges of paperwork and the importance of accountability in all actions taken by the department. Council Member Anderson inquired about the increased presence of the Sheriffs Department on Highway 91. Chief Flowers explained that the Sheriff's office, like their own department, responds to areas with traffic issues and accidents to support traffic control. Council Member Murphy expressed concern about the high number of accidents in the area and asked about the reasons behind them. Chief Flowers attributed the accidents to several factors, including higher traffic volumes, issues with alcohol and drugs, and ongoing construction work on Highway 91. Their traffic enforcement is up by over 75%. He stressed the importance of addressing the issue while being mindful of not making residents unhappy with excessive tickets. Mayor Hart praised the department for its dedication to serving the community and ensuring residents' safety. The support from the City Councils and Ivins City and the Santa Clara communities has contributed to the department's success and its ability to manage finances responsibly.
| D. |
Planning Commission Report |
No report. There was no Planning Commission meeting this week.
Public Hearing Notice
Public Comment - Marianetti
Public Comment - Ganz
Public Comment - Aspenberg
Council Member Anderson recused himself and sat in the audience. Mike Haycock reported that agenda items 4-A and 4-C are part of a single application that was separated into individual agenda items for simplicity. He discussed the land use map and zone changes in the Kayenta area, particularly south of the art village. In the middle section, there already exists a Commercial Resort (CR) land use. The applicants are requesting to extend that land use to the south, west, and east, creating a continuous bubble of CR land use. That would align with the RC (Resort Commercial) zone they are requesting. There is a separate request to change the zoning of another part of the subdivision located at the end of Kwavasa Drive from RA-5 (Residential Agricultural, minimum lot size 5 acres) to RE-37 (Residential Estates, minimum lot size 37,000 sq ft). He indicated that the north request is not concurrent with the south request, and the area in between the two areas that the applicant is seeking to change to the Resort Commercial zone is already designated as Resort Commercial. All zone change requests are consistent with the associated land use designations. The Planning Commission conducted a Public Hearing on October 17th and recommended approval for the requested changes. Council Member Scott referred to the change to RE-37 zoning and commented that was currently low-density residential. Mike Haycock confirmed that the land use was the same and that RE-37 is low-density residential category. Dale Coulam clarified that the Planning Commission's recommendation is with lot averaging. Lance Anderson indicated that there are 24 acres within the bubble, and the remaining 9.57 acres, along with the road which is a minor arterial, make up the 31-acre area. To accommodate the topography, they need to add 2.6 acres of road to the north. The road is a public road, and when it is developed, will be maintained by the City. The roundabout is part of the Transportation Master Plan and is being considered for the future. Matt Marten with Kayenta Development stated that they held informational meetings in Kayenta to provide the community with an idea of the vision for the resort commercial area, which has been in planning for decades. It is located near the art village and the Kayenta offices. Mayor Hart opened the public hearing.
Rob Goodman resides in Kayenta and when he purchased his lot years ago, he immediately hired Matt Marten as the designer for his home. During their initial meeting, Matt informed him about potential development to the north/northeast of his house. Mr. Goodman expressed support for the development to the north and the resort commercial aspect with casitas and a wellness resort. That type of development would provide more housing options for family members visiting them in Kayenta. Mayor Hart commented that those who were not in attendance but who were in opposition to this project, their comments are available as attachments to this agenda. He inquired if there was anyone on the Zoom application that wanted to make a public comment. Cade Visser indicated that there was no one wanting to make a comment. Mayor Hart closed the Public Hearing.
Staff Report
Application
Land Use Exhibit
Zone Change Exhibit
Ordinance
Council Member Murphy commented that there are 24 acres already that are within the Resort Commercial bubble on the land use plan. The remaining seven acres, for the most part, include the road. Lance Anderson confirmed that and indicated that 5 and a half acres of the 31-acre area are designated for the road but the entire parcel is being zoned, not just the portion within the road. Council Member Mehr referred to concerns raised in a public comment about roads and maintenance by the HOA. He wanted to know who would be responsible for maintaining the roads and to address any concerns regarding increased costs to residents if the maintenance was done by the HOA. Lance Anderson clarified that the road is part of Ivins City's Transportation Master Plan and it will be dedicated to the City once the development is completed. The roundabout will also be dedicated to the City, and Kwavasa and Kayenta Parkway are already public roads that the City maintains. Hart emphasized that as part of the project, the road and roundabout would be built and then dedicated to the city for maintenance. Council Member Scott questioned why the road was being zoned as Resort Commercial and suggested zoning only the north and south sides of Kwavasa as Resort Commercial, excluding the road. Lance Anderson explained that it's a common practice to zone the road as such until it's turned over to the city. There's an agreement for the city to obtain part of the right-of-way because the road is wider than what they are giving up. Brett Henke from Kuma Engineering explaining that the road is included in the zoning because its location might overlap with the potential road corridor, and this inclusion simplifies the process to avoid re-zoning specific sections later. Council Member Scott expressed several concerns and raised points of discussion regarding the proposal for a Land Use Amendment and Zone Amendment for more tourist accommodations. There are already two parcels zoned for Resort Commercial in the City - Red Mountain Resort and the property on Center Street, with the potential for a significant number of tourist accommodations. He questioned the need for additional Resort Commercial zoning and expressed concerns about overcommitting to tourist accommodations. He referred to the lack of clarity in Resort Commercial zoning and the lack of specificity in the zoning code can lead to uncertainty about the outcomes of these developments because the densities are not well-defined. The developments can be marketed for sale with a wide range of potential unit numbers. He also expressed concerns about the inconsistency between Ivins City's recent actions and the State's goals for moderate-income housing. The State sent Ivins City's moderate income housing plan back for revisions, and the recent rezoning actions appear to be at odds with the State's objectives. Ivins City's Moderate Income Housing Plan set goals for rezoning to facilitate moderate-income housing and rezoning for higher-density residential and commercial zones. Rezoning to commercial, as in the case of the Mojave Village site and potentially the north parcel in question, appears to contradict those goals. He also had concerns about the approach to zoning with bubbles due to the decision on how big a bubble should be is a matter of discretion. He preferred to focus on the parcel above Kwavasa for tourist accommodations and skip the parcel below Kwavasa, given its proximity to existing homes. He also expressed the need for consideration and collaboration with nearby homeowners in any potential developments. Matt Marten explained that Kayenta's growth is slow, aligning with the long-standing vision for the community. Their proposal was not seeking anything extraordinary but rather modest accommodations within Kayenta. He referred to reshaping the resort commercial bubble, emphasizing it was necessary to conform to the site's topography. In their meetings with residents, some expressed concerns and noted that they left the meeting amicably with discussions about potential solutions. Regarding the property north of Kwavasa, he described the vision as a wellness retreat with casitas and suites, aligning with the concept of medium density. residential. The intent is to create a softer, more residential-friendly type of commercial zone, different from traditional commercial uses and emphasized the importance of having the zoning in place to proceed with detailed planning and community involvement. Mayor Hart acknowledged Sydney K. Hodson as an adjacent neighbor. Sydney K. Hodson introduced herself and stated that she is the most affected by this request. She has had private discussions with Matt Marten. She expressed concerns about the resort being right next to her backyard and discussed her worries about mitigating noise, light, and other potential impacts. She agreed with Council Member Scott and his concerns but commented that there may not be much that can be done and that the approval of the resort might be inevitable. Mayor Hart inquired if she felt that she was in reasonably safe hands with Kayenta Development, particularly with Matt Marten’s involvement, in comparison to potential developments by other developers. Sydney K Hodson expressed her preference for Matt Marten and Terry Marten to develop the resort and her desire for them to proceed with it as soon as possible. She also acknowledged their agreement to continue discussions regarding the resort's plans and her hope that they will work together.
Council Member Scott commented that he would be more comfortable if the resort commercial zone had development requirements aligned with the proposal presented by the developers. He suggested not approving a resort commercial zone change and instead immediately focus on modifying the requirements within the resort commercial zone or create a new zone that would better accommodate the style of development presented. He referred to the resort commercial zone, which allows for 35-foot-tall buildings and potentially over 100 units of accommodations, which might not align with the intended development. He proposed either changing the resort commercial zone or creating a new zone, such as a "destination resort zone" or a "health and wellness spot zone," tailored to the specific project. Council Member Mehr inquired what exactly was allowed in a resort commercial zone? Mayor Hart indicated that is covered in the Table of Uses and in the resort commercial zone, is quite broad. Dale Coulam noted that there are many uses permitted in resort commercial, and the Marten’s are proposing a project that doesn't have a guaranteed outcome until they submit their next application, which would involve a Conditional Use Permit. This application would allow the City to place conditions on the property and development to address potential adverse consequences. The resort commercial zone allows the applicant flexibility in choosing the type of development they want. Some portions could be designated for a wellness resort, and others might be for assisted living or other purposes. The applicant is seeking the resort commercial zone because it provides a framework for development. The current area has always been designated as a commercial resort bubble, and the expansion of the bubble reflects that. He commended the applicant for being transparent and clear about their intentions but future owners may not be bound by the current plans. It is challenging for the applicant to plan without having the appropriate zone, as they would be investing in planning without the assurance of obtaining the zone. Council Member Murphy stated that since the land use plan currently designates the area as resort commercial, it wouldn't be fair to change the rules now. Comparing the number of short-term rentals on the east side of town to Kayenta on the west side, is not a valid argument since Kayenta only has eight short-term rentals at the moment. She was in favor of the applicant's request. Council Member Mehr commented that there were many concerns voiced by the public but a Conditional Use Permit would provide for the opportunity to govern the project's development. The applicant has a reputable track record, and they wouldn't do anything to harm their own well-being or the beauty of the Kayenta community. He expressed his support for the proposal. Mayor Hart noted the historical use of Conditional Use Permits to establish restrictions and mitigate impacts. He asked if this area was part of an HOA and learned that there is a business association called the Coyote Gulch Owners Association. Matt Marten indicated that they would follow height and color restrictions consistent with the Kayenta concept. He confirmed the existence of a business association called the Coyote Gulch Owners Association, which is similar to a homeowner’s association (HOA). This association would play a role in setting up certain rules and regulations for the property. The intention behind their development is to follow the height and color restrictions consistent with the Kayenta concept and their goal is to create a development that aligns with a more residential scale rather than a high-rise or bulky commercial building. He understood the concerns and questions raised by the community and that they have tried to illustrate their intentions for the property and clarified that, at this stage, they can only do so much until they reach the Conditional Use Permit phase. During that phase, further details and conditions would be considered. He lives in the community and wants to ensure that the development is in harmony with the Kayenta community. He acknowledged that not everyone may be happy with the project, but they are committed to being responsible landowners and not negatively impacting the area.
MOTION: Council Member Mehr moved to approve Ordinance No. 2023-23, an Ordinance of Ivins City, Utah, approving 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 Agricultural, 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
SECOND: Council Member Murphy
VOTE: The motion carried.
| Council Member Johnson |
AYE |
| Council Member Murphy |
AYE |
| Council Member Mehr |
AYE |
| Council Member Scott |
NAY |
| Council Member Anderson |
ABSTAIN |
Roll call vote. Three (3) Council Members voted in favor, one (1) Council Member voted in opposition and one (1) Council Member abstained. The motion carried.
| C. |
Public Hearing on the Planning Commission?s recommendation to approve a Zone Amendment from RA-5 (Residential Agricultural, 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 approximately north of Kaleva and Kwavasa |
Public Hearing Notice
Council Member Anderson recused himself and sat in the audience. Lance Anderson indicated that the proposed RE-37 zoning with lot averaging would allow for 37,000 square foot lots and the overlay would provide flexibility in designing the lots and take the topography of the area into consideration. Mayor Hart opened the Public Hearing. Ed Andrechak resides in the area and inquired how many homes would be built iand the timeline for construction. Terry Marten stated that 37,000 square foot lots are jut under an acre in size and estimated that there could be approximately 75 lots but the exact number would depend on factors like topography, road layout, and other design considerations. The construction timeline would be relatively slow, with homes being built over the next 10 to 15 years. Mayor Hart inquired if there was anyone on the Zoom application that wanted to make a public comment. Cade Visser indicated that there was no one wanting to make a comment. Mayor Hart closed the Public Hearing.
Staff Report
Application
Land Use Exhibit
Zone Change Exhibit
Ordinance
Council Member Scott expressed concerns about the residential zone allowing resorts in various residential zones, including RE-20 and RE-37. He suggested this be tabled until the residential Table of Uses is updated to exclude resorts in those zones. The residential Table of Uses explicitly permitted a resort, which was defined as a specialized guest complex designed for short-term stays, including recreational activities, residential units, or commercial uses to serve the guests and applied to RE-20, RE-37, and all residential zones from RE-20 and up. Council Member Murphy inquired as to the timeline to remove that and whether a public hearing was required. Council Member Scott commented that they would only need to remove one word, that being "resort", eliminating it from the Ivins City Code. Dale Coulam clarified that a Public Hearing would be required before the Planning Commission as well as before the City Council. Council Member Murphy inquired if that could be expedited. Dale Coulam indicated that it could. Council Member Murphy commented that if the Council approved the zoning and then promptly removed it, the term would no longer exist by the time an applicant applied for a Conditional Use Permit. Council Member Scott stated that the Conditional Use Permit imposes reasonable conditions on the development. If the applicant chose to build a resort, which they would be allowed to do if approved, the Council could only place reasonable conditions on the use but could not condition it away entirely. He suggested removing the resort use from single-family zones as quickly as possible. Council Member Mehr indicated that he was comfortable moving forward with the approval and working on the other issue simultaneously. Council Member Murphy agreed. Council Member Scott stated that once they approve the zone, the applicant would be permitted to build a resort. He acknowledged that he understood they were talking about the land, not the people, but he emphasized the importance of there not being the word "resort" in the residential Table of Uses. Council Member Mehr inquired if the residential Table of Uses was changed, if it would affect existing zoning retroactively. Dale Coulam clarified that it would apply going forward but could also have a retroactive impact if an applicant applied for a different use than what they'd been using the land for.
Council Member Scott requested clarification and inquired if the Council approved the proposal tonight and then removed "resort" from the residential Table of Uses within the next 30 days, if the applicant came in after 60 days saying they wanted to build a resort, the City could say it was no longer permitted. Dale Coulam stated that was correct. Council Member Scott inquired if the rest of the Council agreed to remove the word "resort" from the residential Table of Uses. The City Council agreed.
MOTION: Council Member Mehr moved to approve Ordinance No. 2023-24, an Ordinance of Ivins City, Utah, approving a Zone Change from RA-5 (Residential Agricultural, 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 Kwavasa Drive, north of Kaleva, noting to work in parallel on this and bring that other item forward
SECOND: Council Member Murphy
VOTE: The motion carried.
| Council Member Scott |
AYE |
| Council Member Johnson |
AYE |
| Council Member Murphy |
AYE |
| Council Member Mehr |
AYE |
| Council Member Anderson |
ABSTAIN |
Roll call vote. Four (4) Council Members voted in favor and one (1) Council Member abstained.
Public Hearing Notice
Chuck Gillette provided an overview of the Water Conservation Plan. He received feedback from the City Council, made some changes, and created a new version of the plan referred to as the notice draft. Some clarifications were made, particularly related to the calculation of population numbers. Council Member Scott inquired about a change on page four (4) regarding population numbers. Chuck Gillette confirmed that the clarification was in his version. Mayor Hart opened the Public Hearing.
Kathy Barth, an Ivins resident, shared her thoughts and questions regarding the water plan. She raised concerns about the vagueness of incentives for water conservation and the focus on residential conservation over commercial. She also questioned the source of the extra water needed for potential growth and emphasized the importance of including commercial developments in water conservation efforts. Mayor Hart explained that the plan is in response to a 20-year growth plan and mentioned the ongoing conservation programs and a reuse program. Kathy Barth continued to express her desire for a more substantial focus on commercial water conservation and inquired how the cost to build a reuse plant would affect residents. Mayor Hart commented that impact fees may need to be increased but this is an intermediate step and the plan would be reviewed annually. Mayor Hart inquired if there was anyone on the Zoom application that wanted to make a public comment. Cade Visser indicated that there was no one wanting to make a comment. Mayor Hart closed the Public Hearing.
Resolution
Modified draft plan
Council Member Anderson pointed out a section in the plan discussing the construction of irrigation systems and a surface water treatment plant, which he was against. He expressed his reluctance to approve the plan with that information included. He also brought up language about watering times and discharge across the sidewalk, stating that different theories exist about watering times' effectiveness. He had concerns about discharging across the sidewalk and whether water could be discharged under the sidewalk. Chuck Gillette clarified that the plan summarized the current state of the City's ordinances. He preferred not to change the language in the plan, as it reflected the existing ordinances. He suggested that the language could be revisited in the future. Mayor Hart explained that adopting the plan was necessary to comply with the 20-year plan's requirements and that changes could be made as needed over time. He acknowledged that some aspects of the plan were speculative. Council Member Scott suggested amending the language on page three (3) of the plan to avoid creating the impression that Ivins City had a budget for the construction of an irrigation system and have it say "Ivins city is currently considering pursuing...". Council Member Anderson expressed his concerns with the language on page 18 of the plan, which prohibited sprinkler irrigation on lawns between 8 am and 8 pm. He referred to a presentation that challenged the effectiveness of those restrictions. Council Member Scott proposed rewording the section related to sprinkler irrigation on page 13 to avoid conflicts with potential changes to the ordinance. He suggested rephrasing it to state that sprinkler irrigation of lawns is prohibited by the current ordinance between 8 am and 8 pm, which would make it align better with potential future changes. Council Member Anderson agreed with that change. Council Member Scott also discussed how to address the issue of unlawful discharge of water across the sidewalk, which was a part of the current ordinance. Chuck Gillette commented that they could revisit the ordinance and indicated that the State of Utah requires that the Water Conservation Plan be updated every five (5) years. Mayor Hart proposed adding a statement to the plan indicating that the ordinances might change, and when they did, the plan would need to be amended accordingly. Council Member Mehr referred to water budgeting and expressed concerns about penalizing households with more residents and potential issues related to second homes. Mayor Hart pointed out the issue of major abusers of water, particularly in cases where households use excessive amounts of water and mentioned that the City might need mechanisms to address extreme abuse. He also highlighted the need for a means to differentiate between larger families that genuinely need more water and those who abuse the system. Council Member Anderson emphasized that family size might not be the issue, and that the major concerns were related to landscape and excessive use. He discussed the historical changes in water permits and the importance of keeping water within Ivins City to ensure fair distribution among residents. Mayor Hart commented that all participating cities are required to conform to the 20-year plan.
Doug Bennett with the Water Conservancy District clarified that the plan being considered is a State requirement and every City in Utah is mandated to submit a plan every five (5) years. He suggested that in the future, the State might accept a more streamlined process where cities subscribe to a regional plan and add city-specific information to it. He emphasized the significance of the 20-year plan for all jurisdictions served by the Water Conservancy District. Ivins City already receives water from the District and highlighted the role of this plan in making decisions regarding building permits. He praised Ivins for being a leader in water conservation and water efficiency and noted the need to move toward lower water demand per household. Regarding watering times, watering in the early morning hours is recommended due to calm winds. The 8 am to 8 pm restriction is broad and he suggested that the language could be adjusted. He emphasized the State's approval of the plan as a formality, and he supported making some tweaks to the plan to ensure the City was comfortable with it. Council Member Mehr suggested striking the word "encourage" and replace it with "consider" for greywater reuse, recycling showers, and artificial turf. He expressed concerns about the complexity and expense of greywater reuse. Council Member Anderson shared concerns about greywater reuse, emphasizing that it can be a complex and expensive process. He discussed the idea of creating water budgets for individual users based on the number of people in a household. He also mentioned the challenge of applying tiered rates to commercial properties due to variations in usage. Council Member Scott suggested leaving out the last bullet point in the document and agreed with the idea of striking the word "penalize." Chuck Gillette suggested adding separate bullet points to consider water budgets for commercial and residential use. The City Council agreed on the suggested amendments, including adding separate bullet points to consider water budgets for commercial and residential use. Dale Coulam recommended moving to approve the document as amended.
MOTION: Council Member Mehr moved to approve Resolution No. 2023-14R, a Resolution of Ivins City, Utah, adopting the 2023 Water Conservation Plan for Ivins City
SECOND: Council Member Scott
VOTE: The motion carried unanimously.
| Council Member Scott |
AYE |
| Council Member Johnson |
AYE |
| Council Member Murphy |
AYE |
| Council Member Anderson |
AYE |
| Council Member Mehr |
AYE |
Roll call vote. All Council Members voted in favor.
Ordinance
Chuck Gillette presented the updated standards, following the Council's request to incorporate all water efficiency standards directly into the landscape ordinance. Council Member Anderson inquired about the mulch. Chuck Gillette confirmed it was in alignment with the water efficiency standards, allowing exceptions for areas restored to appear as native desert. Council Member Mehr expressed a concern about referencing external regulations without setting a specific parameter in the ordinance. He suggested a statement that clarifies that references to State codes are applicable at the time of the ordinance's passing, requiring the Council to re-evaluate any subsequent changes in the State code. Mayor Hart raised concerns about delaying the implementation of State code changes until the City updates its ordinance, highlighting potential risks and the obligation to abide by State regulations promptly. Council Member Mehr commented that there is a need to consider how State law changes could impact Ivins City and the responsibility of the Council to review those changes. Dale Coulam acknowledged that approach but highlighted the burden it would place on the Council to be aware of State law amendments and subsequently amend City ordinances. Doug Bennett with the Water Conservancy District indicated that referencing the Utah Code was primarily for convenience, presuming that all cities were already compliant. Mayor Hart inquired about the need to revise the specific language after the discussion. Chuck Gillette proposed an alternative. He suggested removing references to the State provided that the City's standards were already compliant with State requirements. Doug Bennett supported that notion. Council Member Mehr inquired as to the suggested amendment. Chuck Gillette emphasized the importance of aligning with the Water Conservancy District's water efficiency standards to avoid any conflict. Council Member Anderson raised concerns about specific statements within the ordinance, particularly the requirement that "grass shall not be within 10 feet of a roadway." There are scenarios where homes have short distances between sidewalks and roadways, causing concerns about the applicability of that rule. Doug Bennett clarified that the District's standards exempt residential properties from the 10-foot grass setback requirement. Chuck Gillette suggested removing the 10-foot setback requirement for residential properties. Council Member Anderson inquired about whether the ordinance changed the amount of lawn or turf residents could have. Chuck Gillette indicated that the ordinance had not altered the existing standards.
MOTION: Council Member Murphy moved to approve Ordinance No. 2023-21, an Ordinance of Ivins City, Utah, amending regulations for landscaping and water conservation for developing land in Ivins City, Utah as amended.
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Scott |
AYE |
| Council Member Johnson |
AYE |
| Council Member Murphy |
AYE |
| Council Member Anderson |
AYE |
| Council Member Mehr |
AYE |
Staff Report
Application
Plan
Mike Haycock reported that Movara Fitness planned to expand by adding an extra unit, which is a lock-off unit that can be used as one unit or a unit with a casita. Mayor Hart inquired about the location of the expansion and mentioned a temporary plywood wall. Cameron Kelsh, the owner of Movara, confirmed that the expansion was in the area where the temporary wall had been. He explained that the purpose of the application was to fill that space and accommodate families looking for a larger unit. Council Member Mehr clarified that the proposal had been reviewed and recommended for approval by both the Technical Review Committee (TRC) and the Planning Commission.
MOTION: Council Member Mehr moved to approve Preliminary Plan for Movara Fitness Resort Spa Suite Expansion, located at approximately 290 West Fitness Way. Movara Fitness, LLC-Owner. Cameron Kelsch-Applicant
SECOND: Council Member Scott
VOTE: The motion carried unanimously.
| Council Member Scott |
AYE |
| Council Member Johnson |
AYE |
| Council Member Murphy |
AYE |
| Council Member Anderson |
AYE |
| Council Member Mehr |
AYE |
The meeting was in recess from 8:32 p.m. to 8:36 p.m.
Report and Exhibit
Michele Adams introduced Daphne, the Vice Chair of the Arts Commission, who played a significant role in updating the application form. The form has been converted into a digital format for easy accessibility on the website. The update to the form included adding logos at the top and reorganizing the financial information to make it more user-friendly for applicants.
MOTION: Council Member Mehr moved to approve updating the RAP (Recreation Arts & Parks) application for the Arts with a digital version to post on the website.
SECOND: Council Member Anderson
VOTE: The motion carried unanimously.
| Council Member Scott |
AYE |
| Council Member Johnson |
AYE |
| Council Member Murphy |
AYE |
| Council Member Anderson |
AYE |
| Council Member Mehr |
AYE |
Report
Michele Adams explained that during the budget discussions, it was decided that arts programs should be funded through RAP funds rather than the budget. The $6,000 in question was set aside for the Art on Loan program, which replaces existing art pieces with new ones in the spring and add more sculptures around the City. City Council agreed.
MOTION: Council Member Murphy moved to approve request to use the remaining $6,000 in RAP tax to fund the 2024 Art on Loan program.
SECOND: Council Member Johnson
VOTE: The motion carried unanimously.
| Council Member Scott |
AYE |
| Council Member Johnson |
AYE |
| Council Member Murphy |
AYE |
| Council Member Anderson |
AYE |
| Council Member Mehr |
AYE |
Michele Adams presented a proposal for setting aside funds from the RAP tax to support the Arts Corridor. The intention is to avoid the annual need for requests to continually develop the plan. She discussed the potential utilization of the funds for art purchase or the Arts on Loan program and highlighted that the proposed allocation would be specifically for the Arts Corridor and to fund various community art projects, including utility box wrapping, a fire station mural, and potential roundabout sculptures. Dale Coulam indicated that $5,000 is routinely deducted from the total RAP tax, and the allocations to Tuacahn and Kayenta Arts Foundation come from the arts portion of the RAP tax. Council Member Mehr inquired as to the suggested amount. Michele Adams stated $7,500, similar to allocations for Tuacahn and the Kayenta Arts Foundation. Dale Coulam clarified that Tuacahn receives $10,000 due to a bond and the Kayenta Arts Foundation receives $7,500. Council Member Scott confirmed the proposed $7,500 would come strictly from RAP tax funds. Mayor Hart emphasized that the Council could decide the specific amount when formulating the resolution. Council Member Mehr expressed support for the concept but suggested discussing the amount when they review the resolution.
Plan Scenarios
Council Member Scott presented a preliminary study on the long-term replacement costs of the City's infrastructure, focusing specifically on roads. He highlighted various assumptions, including a 50-year useful life for roads, 60 years for trails, and simplified calculations without considering interest or inflation. The analysis suggested that setting aside a little under $1 million dollars per year would be necessary to cover road replacement costs over the next 30 years. He explained that waiting until 2045 to start setting aside funds would require an annual budget of around $1.7 million over the useful life of the roads. He acknowledged the simplifications made in the analysis, such as assuming no interest on the funds that would be set aside and suggested hiring a consultant with expertise in infrastructure replacement for a more detailed and accurate assessment. The current analysis did not consider inflation or interest on the reserved funds so as to keep the model simple. Those factors could be built into the model in the future. He proposed refining the analysis and coming back with more details. He emphasized the need to hire a consultant with expertise in roads, trails, and systems, similar to the detailed reports done for sewer, storm drain, and parks. The consultant's report would provide a more accurate and detailed assessment of the city's infrastructure replacement needs. He also mentioned a recent analysis he conducted on storm drains, producing similar numbers to a consultant's report. Detailed assessments that consider various factors like the age of roads, trails, and other infrastructure components would be important. He explained that if the consultant recommended setting aside $975,000 a year, it could be equivalent to approximately $16 per month per ERU. Council Member Anderson asked Council Member Scott to explain the calculation of Equivalent Residential Units (ERUs). Council Member Scott clarified that he took the projected number of ERUs, which was over 5,100 in 2024, and divided it by the recommended annual reserve amount of $975,000. The result, when further divided by 12 months, gave an estimate of approximately $15 to $16 per month per ERU. Mayor Hart expressed agreement with Council Member Scott's assessment of the infrastructure replacement problem and discussed potential solutions. He mentioned that cities across the State are considering setting up Enterprise Funds for roads, similar to those for sewer and water, which could include a usage fee to cover both short-term maintenance and the anticipated replacement of roads. Council Member Anderson inquired if the usage fee would be considered a user fee. Mayor Hart confirmed that it would be a user fee. He suggested that setting up an Enterprise Fund for roads might be a viable solution. Dale Coulam referred to the Pleasant Grove case where there was a Supreme Court decision in February of this year that upheld the transportation utility fee, emphasizing the need to restructure it as a fee rather than a tax. The distinction lies in ensuring that the fee is based on specific use, collected for that purpose, and used accordingly. A detailed study, similar to an impact fee study, would be necessary to establish the reasonableness of the fee. Consultants are still navigating the nuances and ambiguity surrounding the implementation of such fees, particularly in determining whether existing transportation utility fees cover both short-term maintenance and long-term replacement costs. To avoid classification as a tax, he emphasized the necessity of segregating the funds for roads from the General Fund, ensuring that the collected amount is dedicated to its intended purpose rather than being used for general expenditures. The potential cost of the study ranges between $30,000 and $50,000 based on previous experience with Impact Fee Studies. He proposed that the next step would be to give the Public Works Director/City Engineer Chuck Gillette the go-ahead to explore consultants who specialize in this area, possibly through a request for proposals. Council Member Anderson commented about the philosophical aspect of who pays for the roads and for what reason. As an example, when someone buys a new house, they've essentially paid for their new road for the next 30 years, and bonding works because people pay the bond. Council Member Scott acknowledged the philosophical concern and explained that the counterargument is that the impact fee paid by the developer and passed on to the homebuyer is for creating the value in the home, as the new home has no value without proper infrastructure like roads. Council Member Anderson expressed his perspective that homeowners might still be double paying for the roads, drawing an analogy with buying a new car and having to maintain the tires separately. He wasn't necessarily for or against the idea but expressed that concern. Council Member Murphy commented that properties without proper access are valued less at the County level. Council Member Scott reiterated that the money paid upfront for the road creates value, and when homeowners sell their houses, they transfer that value to the next person. Mayor Hart emphasized the existing system for water, sewer, and storm sewer, where fees are collected and set aside for future replacement costs, having been tested through the court system. He noted the absence of a similar system for roads under an Enterprise Fund. The Mayor and City Council agreed that there needed to be further exploration and discussion on this matter.
Agreement
Dale Coulam reported that this is similar to the previous contracts. The Mayor and City Council expressed their appreciation for Dale's service.
MOTION: Council Member Mehr moved to approve the renewal of the City Manager Employment Agreement with Ivins City
SECOND: Council Member Scott
VOTE: The motion carried unanimously.
| Council Member Scott |
AYE |
| Council Member Johnson |
AYE |
| Council Member Murphy |
AYE |
| Council Member Anderson |
AYE |
| Council Member Mehr |
AYE |