Copy of the City of Ivins record for Planning Commission, preserved by OwnUtah.com Ivins Meetings. Official source: City of Ivins Granicus archive.
Planning Commission
IVINS CITY
PLANNING COMMISSION
MINUTES
July 30, 2024
435-628-0606


1)
WELCOME AND CALL TO ORDER
CHAIRMAN AND COMMISSIONERS:   The meeting was called to order at 05:30 p.m. All present included Chair Pam Gardiol, Commissioner Perry Brown, Commissioner Doug Clifford, and Commissioner Dave Robinson.
Staff Attending: Dale Coulam-City Manager, Mike Haycock-Building and Zoning Administrator and Sharon Allen-Deputy City Recorder.
Audience Attending: Brett Henke, Matt Marten and Sharon Gillespie.
NOTICE: This meeting will be held in person and electronically.  You may watch the live audio and video feed by going to www.ivinsutah.gov under "Upcoming Events".  When the meeting is live, it will reflect "In Progress" - click on the "In Progress" link to watch the meeting live.  The Commissioners may attend via telephone conference if they are unable to attend in person.  The anchor location will be the Ivins City Council chambers located at 85 North Main Street, Ivins, Utah 84738. GUIDELINES FOR PUBLIC MEETINGS/HEARINGS: For those listening: * Respect all viewpoints by refraining from applause or other interruptions or outbursts intended to show support or opposition to what someone else has stated. * Acknowledge that an opinion different from your own can still be motivated by a good-faith belief in what is best for our community, even if you don’t agree with that opinion. For those speaking in a public hearing: * Begin your comments by stating your name and address for the record. * Try to avoid duplication by focusing on new information rather than simply restating what someone else has stated. * Try to keep comments brief so that all who wish to speak have an opportunity to do so. * Remember that a public hearing is not a question/answer session.  You may present questions, but whether those questions are answered will be left to the discretion of the chair during the discussion period once the public hearing has ended.
A. Acknowledgement of Quorum
B. Flag Salute-Commissioner Doug Clifford
C. Invocation-Commissioner Doug Clifford
D. Disclosures

2)
REPORTS, PRESENTATIONS AND APPOINTMENTS-None.

3)
PUBLIC HEARING AND ACTION ITEMS-None.

4)
DISCUSSION AND POTENTIAL ACTION ITEMS
A. Discuss and consider approval of Moenkopi Trails Preliminary Plan, located at approximately 300 North Sage Way. RT Marten Utah, LLC, Kayenta Homesites, and Canadian Capital-Owner. Brett Henke-Applicant.
Mike Haycock stated that this is located on Kayenta Parkway and Hwy 91. The future Sage Way road is being developed. The buffer was requested by City Council because they didn't want lot averaging abutting the RE-37 zone. The updated sheet shows the cross-hatch in that area to be consistent with that buffer. This phase has Sage Way in it, to help orient to the location. Lot 1022 is in three zones but it needs to comply with the least dense zone. Lot averaging was not necessary, but the overlay was already there. These are all complying lots and the applicant did not use lot averaging. TRC has reviewed this application and recommends approval. Brett Henke stated that he is the petitioner of the development and the goal is to enhance and continue the Kayenta concept. All the guidelines that have been followed in that development will continue to be followed. We are excited to extend that area down to this new portion and liven it  up a bit. Commissioner Perry Brown inquired about the portion of land at Kayenta and Hwy 91 and where the first lot will be? Brett Henke stated that first lot crests behind that hill. There are sensitive lands along those edges. We will be going through that process on those portions. We develop stricter than what sensitive lands requires. It is not in the plus 8% slope area. He has worked with Kayenta for 20 years and their approach is different than a typical development. We limit the disturbance footprint on a lot. A typical lot could grade the entire lot. They focus on slopes and retaining walls and changes in grade. We restrict to be lower to maintain the environment. We respect the land more than is required. Commissioner Doug Clifford inquired if any lots are using lot averaging? Brett Henke stated no lots will have lot averaging. Chair Pam Gardiol stated that the application is for a lot averaging overlay. If they aren't using it, why is their application under this heading? Mike Haycock stated because it is in that zone it is the proper application, even if they don't use the overlay.
Application

Map

Staff Report

Updated Sheet

MOTION: Commissioner Perry Brown moved to approve Moenkopi Trails Preliminary Plan, located at approximately 300 North Sage Way. RT Marten Utah, LLC, Kayenta Homesites, and Canadian Capital-Owner. Brett Henke-Applicant, based upon the thorough report from Staff, the applicant, and TRC. Roll Call Unanimous.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.

Chair Pam Gardiol AYE
Commissioner Perry Brown AYE
Commissioner Doug Clifford AYE
Commissioner Dave Robinson AYE

B. Discuss Resort Commercial and Resort Mixed Use.
Mike Haycock stated that the Commission has looked over the short-term rental requirements. Now they need to decide if it is appropriate for the Resort Commercial zone. Chair Pam Gardiol's comments are comprehensive, so it is up to you what you want to send on to City Council for approval. 16.17.101 was submitted as a way to compare whether the items in short-term rental should transfer over to the Resort Commercial zone. This is a starting conversation on what we want that Resort Commercial zone to look like. It doesn't have to mirror short-term rental overlay at all but it is a good starting point. Commissioner Doug Clifford inquired if short-term rental is still in place? Mike Haycock stated only for past properties. It does not apply to any new applications. The overlay has been removed. This is a model for past properties. City Council asked us to take a look at this and Councilmember Mike Scott had asked for it to go to the Planning Commission and help shape the Resort Commercial zone. Chair Pam Gardiol stated that she was looking not only at short-term rental and Resort Commercial, but the structure of the ordinance itself and if it is desirable or allowable to have this in the community. Mike Haycock stated one zone that looks like short-term rentals is the resort hotel. A requirement there is that they have one management company to maintain their development. Parts of the short-term rental may also apply in where you are going with the Resort Commercial zone. Dale Coulam stated to clarify, short-term rental does not require a central management company, but Resort Commercial does. He doesn't think you would want to lose that aspect. Chair Pam Gardiol stated if someone wants to rent out their home, how would that relate? Dale Coulam stated it doesn't relate to resort. It would need to be zoned Resort Commercial and be considered a resort hotel that would require a central management company. Short-term rental overlay which we no longer take application for, applies to any areas that have that current overlay to do a short-term rental and they don't need to use a central booking company. Chair Pam Gardiol inquired if some items in this document aren't applicable because they are short-term rental? Dale Coulam stated that is correct. Commissioner Doug Clifford inquired what is the vision we want to see in the zone that we would like to see in our city? Commissioner Dave Robinson stated this document is what that is. We aren't trying to change the short-term rental overlay, but the idea is to use what we have here to plug into the Resort Commercial to give those same type of guidelines. We are just using that as a guide to put rules into the Resort Commercial zone. Mike Haycock stated that Councilmember Mike Scott spoke of parking and toy parking so the vision is to make decisions on what is important like buffering, parking, dumpsters. Formulate what you want it to look like. These are just different inputs and now it is time to bring it together. Chair Pam Gardiol stated the feel is low-intensity and integration into the surrounding area and community as a whole. It doesn't stand out and fits within the feel of our community. Commissioner Dave Robinson stated Red Mountain has more developable land that will fit in the Resort Commercial zone. Mike Haycock stated that there are other uses in the Table of Uses. We are looking at the whole zone. Commissioner Doug Clifford inquired if we are looking at only the short-term rental aspect? Mike Haycock stated that City Council asked for that use specifically, but you should look at the whole zone. Chair Pam Gardiol stated when we see Red Mountain, we only see the wall. There is not a sense of integration. There is a restaurant and a whole bunch of stuff that goes on over there. She is hoping for integrating allowing a form or sense of connection and not isolation of the development. We have the opportunity to take a more holistic approach. Commissioner Perry Brown stated the Table of Uses would tell us if they even need a wall. Walls tend to isolate developments. It depends on what goes on behind the wall and if it would be nice to have it be a visual part of the community. Chair Pam Gardiol stated that if we create an integrated feeling in Resort Commercial so they want to be a part of the community and create a fluid connection. We want to have it be a part of our community. Mike Haycock stated Resort Commercial is a combination of those two words. We need guidance on how to combine the two. Should it be some commercial and some residential and what proportions? Some uses are animal hospital, art studios, workshops and banks, Chair Pam Gardiol stated we want it to have a sense of approachability for those people who want to frequent that. Commissioner Dave Robinson stated that we have the resort campground and it is coming together very well and we had a huge discussion on the wall height and step downs. City Council voted it down because their concept was different of what they were thinking. Our thought process was not their thought process. Neither is the right or wrong answer, but what is accommodating to one person is not to another. We need to be open to how things are done. With the wall, we were trying to give them more coverage without it being too tall. The I-15 wall that just went up is an eyesore and if he was a business owner over there, he would be upset, but the people that live next to I-15 traffic love it. Chair Pam Gardiol inquired how do we protect the views and the very things we treasure? Integration with not only developments but our ecosystem. Many years ago she watched Incline Village at Lake Tahoe and how they respected and built around the environment rather than exploit the land. Commissioner Dave Robinson stated that Kayenta is beautiful, but the rest of Ivins is not Kayenta. It is different with a different approach and density. If we want everything to look like Kayenta, that does not work long-term for the general population. Chair Pam Gardiol inquired whether there is a wall or lower density, are we aware of the feel of our community? Mike Haycock stated Chapter 19 of our design guidelines still apply. There are still sight views and massing, and a lot of protections in the zoning ordinance of what it will look like. That is already taken care of. The specific rules like parking and buffering is what the City Council was looking for. Dale Coulam stated these uses are allowed but not required to be in there. If it is an art gallery they need the openness, but if it is a secluded spa environment that they want quiet and serene, then they may need walls to keep it secluded. It depends on what a developer chooses to put there and they have those rights by owning the property with an Resort Commercial zone. Resort Commercial means it is a resort, a type of commercial. It does not necessarily need to have residential. That is Resort-Mixed Use. Resort Commercial can be all commercial of varying types of uses allowed in the Resort Commercial zone. Mike Haycock stated that some other uses are commercial recreation, indoor and outdoor, daycare, retail sales and services like Black Desert Resort boardwalk. There is a bit of Resort Commercial out in Kayenta Art Village, Canyon Crossing on the other side of it, and Red Mountain Spa has some area to develop. Commissioner Doug Clifford stated it is driven by application. We don't live in a resort, we create them. Mike Haycock stated that these are allowed uses. Sentierre has Resort Commercial, but they already have their entitlements. We know what they are doing there. Commissioner Dave Robinson stated it is a great tax revenue for us. It takes tax dollars out of out-of-town people's pockets rather than its residents. Those are the spots currently in Ivins and we also have an annexation plan which will need to be divvied up into zones. What we decide on this may also go in that area. Commissioner Doug Clifford stated that if State has its way it is all residential. Mike Haycock stated that the survey stated we don't want any more resorts but he agrees we do need some commercial. City Council wants protections if it is a horizontal hotel. Commissioner Doug Clifford inquired if Canyon Crossing was straight commercial? Mike Haycock stated convenience store is not allowed in Resort Commercial. Commissioner Dave Robinson stated his understanding is that is because Canyon Crossing was Resort Commercial so it was removed from that zone. We have a gas station there because it was an allowed use at the time. Matt Marten with Kayenta Development stated it would be a helpful process to speak with developers to help say what is logical to have something somewhere and what is viable and successful for both the developer and the community. Maybe there can be an informal work session to hash out those ideas. We would have better luck developing content of what is allowed or isn't allowed after knowing what we are all trying to create. There is flowery language in the General Plan. That doesn't match the nuts and bolts of a development and it is hard to refer to the General Plan. Chair Pam Gardiol stated that the General Plan is a guide, but this zone should be incorporated in what it looks like. Mike Haycock stated when you are writing an ordinance, that is when you refer to the General Plan, not after an ordinance is written or when you are approving a subdivision. Commissioner Doug Clifford stated that resort is the money-making portion of it. What goods would people want and use? We haven't identified anything like that yet. How much of the short-term rental do we want to apply to this Resort Commercial? Mike Haycock stated look at the amenities, like parking percentages, specifics on that. Do you want to see RV parking there? See if what Councilmember Mike Scott has presented to you feels appropriate. It is time to start forming the ordinance with specifics like that. Those are the details he is looking for. Commissioner Doug Clifford stated he doesn't think they would need RV Parking at a resort. We need to make a list. Commissioner Dave Robinson stated that what we are holding is the list. Mike Haycock stated he was asked to provide the short-term rental guidelines. Chair Pam Gardiol stated our assignment is to look at what was given on the short-term rental overlay district to use as ideas and suggestions, but go to the other document to work on the specifics. Mike Haycock stated if that is the direction you want to go. He has heard one commissioner say that RV parking isn't necessary for a resort. We need to come to a consensus on those types of ideas. Commissioner Dave Robinson stated this is the guideline. Page 3 talks about parking. Detached single family units and how many parking spaces, etc. Do we want to use that, or do we want to modify it? This is the guideline. We already have it here. We just need to determine how much do we want to use it. It doesn't affect short-term rental. That overlay is already in place. This is just a basic ground to get started. Commissioner Perry Brown stated we need to take this and Councilmember Mike Scott's information and start a new document for Resort Commercial, and discuss what elements we want to keep. He would like to get information from other people that are concerned and interested and involved to create a good document on what would work. Mike Haycock stated that Councilmember Mike Scott's original document was based off other communities. That is why it was included. He researched that. We need to take this information and put numbers to the concepts. Chair Pam Gardiol stated she wants to spend time with both documents and begin to merge what she would want. Let's all do that and what we would recommend. Commissioner Dave Robinson that is what we are supposed to have been doing. For years he has thought that we need more input from the developers. We may write something they wouldn't even want to apply for. There are plenty of developers in Ivins alone that would come discuss it with us if we did a work meeting one evening. He would be in favor of that. Commissioner Doug Clifford inquired if commercial projects would be available to the broader public? You can only use the spa in Sentierre if you stay there. Coyote Gulch has commercial that is widely advertised. Is that what we are looking for? Chair Pam Gardiol stated that our next step is to look at both documents and come up with specifics. Do we all want to create our own draft? Commissioner Doug Clifford stated we still need a concept with more vision. We can't talk about parking because we don't know what is going in there. Commissioner Dave Robinson stated you are going too broad. This is limited to just the residential portion of Resort Commercial. We already have guidelines for that. Mike Haycock stated there is a parking chapter. The assignment is to go through the Table of Uses and see what is available. The thing City Council was most concerned about was horizontal hotels. We need all these uses to work together and will send the Commission that list. Chair Pam Gardiol stated come to the next meeting with the vision of what you see in this zone.
RMU Requirements

Pam’s Comments

STRO Comments

C. Discuss and consider approval of the Ivins City Planning Commission Meeting Minutes for July 16, 2024.
Minutes

MOTION: Commissioner Perry Brown moved to approve the Ivins City Planning Commission Meeting Minutes for July 16, 2024.
SECOND: Commissioner Dave Robinson
VOTE: The motion carried unanimously.

Chair Pam Gardiol AYE
Commissioner Perry Brown AYE
Commissioner Doug Clifford AYE
Commissioner Dave Robinson AYE


5)
REPORTS
A. Planning Commission Members
B. Chair
Chair Pam Gardiol stated we need to establish a date in August for us to visit Black Desert Resort. Mike Haycock stated he will look at dates the next meeting when the Commission is all here. Then he will send out an email. Dale Coulam stated that you can all go together as a social gathering. If you have questions, ask the guide or write it down to ask in our next meeting. It is not a meeting.
C. Building and Zoning Administrator, Mike Haycock
D. City Attorney, Bryan Pack
E. Items to be placed on future agendas.
Mike Haycock stated that we have about four preliminary plans we are working on, but one is coming next meeting on August 13th. There is no Planning Commission the first meeting in September due to Utah League of Cities and Towns being held on September 4th and 5th if any Commissioners want to attend. Chair Pam Gardiol stated she is attending.

6)
MOTION: Commissioner Dave Robinson moved to approve ADJOURNMENT
SECOND: Commissioner Perry Brown
VOTE: The motion carried unanimously.

Chair Pam Gardiol AYE
Commissioner Perry Brown AYE
Commissioner Doug Clifford AYE
Commissioner Dave Robinson AYE