The meeting was called to order at
05:30 p.m. All present included
Chair Pam Gardiol,
Commissioner Perry Brown,
Commissioner Dave Robinson,
Commissioner Doug Clifford,
and Commissioner Brandon Weight.
Bryan Pack stated tis process is to make a recommendation to City Council. They are then legislative in nature, and will vote what they feel is the best outcome for the City. Kory Jardine with Enlaw stated that Enbridge needs a gas regulation station to serve the community as well as their site. They have to regulate the gas down from a higher pressure to a lower pressure and then distribute that through the community. The site is on the corner of Black Desert Resort and the enclosure is 100 feet by 75 feet and sits 70 about feet off Snow Canyon Drive. Screening for this site is a 6-8 feet wall with a gate on the Snow Canyon side. Nothing can be combustible near the site, but we will landscape the area to hide it as much as possible. The site is down in a small draw that we can cut down close to the Snow Canyon elevation and be hidden from our site as well as The Reserve and Entrada. Neighbors should not be affected by it. Steve Clausen with Enbridge stated that gas regulator stations are common to serve our homes and businesses and they are throughout the community. There is one across from Rocky Vista University and you won't know that you passed it. They sit in the background and keeps you warm and the hot water going. We are regulated by the Federal Department of Transportation and gets inspected every month and annual maintenance and testing. They also have continual electronic monitoring on the site reviewing the pressure going in and set points going out and are able to respond accordingly, with response teams based right here in St George arriving within 30 minutes to any call. We have not only one regulator to cut pressure but two in this case with an alarm system and a token relief showing when there is gas present and we need to go take a look. Those are the redundant safeguards. We have over 1000 of these in Utah and a dozen in this community, with three in Ivins. Chair Pam Gardiol inquired how much does area does a regulator serve? Steve Clausen stated a average regulator station like this serves up to 500-1000 homes. Commissioner Perry Brown inquired about noise? Steve Clausen stated that noise is considered in the design and it stays under 80 decibels inside the facility. Most of the noise is confined in the building itself. You may hear a low hum on a cold day and it would be hard to hear over the traffic. Commissioner Perry Brown inquired about the height, width and depth of the station? Steve Clausen stated their is a small valve station out front which is about the size of the podium. Inside the building is the regulating equipment. The building itself is about 12 by 15 feet square, with an 8 foot ceiling height. There is a small heater that is planned as an addition in the future. There is a small control panel, also the size of the podium. Overall total area is 100 feet by 75 feet. He handed out a mock-up of the site, which is on file with Ivins City by request. There is a small road about a 60-70 foot driveway to access the site off of Snow Canyon. Commissioner Doug Clifford inquired about lighting? Steve Claussen stated this is an unmanned secure facility. There is no overnight lighting. Mike Haycock stated that as mentioned in the staff report, the land use is Resort Mixed-Use and the allowed zones are any and all Commercial zones. Commercial Light Manufacturing is a commercial zone. The zone map is currently Resort Commercial and located off Snow Canyon Parkway. Commissioner Dave Robertson inquired on the exact location? Mike Haycock stated there is a ravine area between the hill. This is just a zone change so grading we will work through on that building application when that time comes. Chair Pam Gardiol opened the Public Hearing. Jim Martinson stated he lives in The Reserve and is a member of the HOA board. He submitted a letter to the Planning Commission on file with Ivins City per request. It is universal in their development that they oppose this zone change. This is just another thing to have to deal with, noise, dust, explosions, traffic, light pollution for three years now with no end in sight. His guess is this gas regulator facility is going in for Black Desert Resort. Is it even necessary? Enbridge may think so. How is the gas being distributed now? The size is just one more visual impact to us and the people driving on Snow Canyon Parkway. Relocate it to a different part of the property and they can also access it from the gravel road along the fence that will be paved eventually and then be completely hidden from The Reserve and Snow Canyon Parkway. Consider the residents that live here when approving or denying this request. Chair Pam Gardiol stated that some of these questions are outside of the zone change. The development is a different discussion than if we rezone this property or not. Bryan Pack stated that is true when making your decision, however what the property and structure is being used for is relevant for this discussion. Barbara Alexander stated that she lives in The Reserve and there is so much going on across the street. How is this going to be lit? Chair Pam Gardiol stated they have indicated there will be no lights at this facility. David Dransfield stated he lives in The Reserve and he is proud of what has been done over there, but opposes the location of this gas facility. All of our community's neighborhoods along Snow Canyon Parkway have invested a great deal of money to build and maintain landscape on what is one of the most beautiful roads in this area. An industrial building has no place at this location. To have an industrial building right across the street on top of the list you've already been given of what we have endured for three years, seems offensive. Once zoning is approved, we have no idea what the end product could be. They are not obligated to build what they are saying right now. We are at risk. Scott Forrester stated he lives in The Reserve. Black Desert Resort is a beautiful development but the general consensus is that this continues to be changes and revisions and additions. To make an informed decision, we need to look at this holistically. We need to know in written detail in advance how this will actually serve us and why it wasn't part of the master plan? Why was it not already designated? Is this zone change for just a portion of this parcel? We need a comprehensive report and more information and be completely transparent so we can all make a good decision. Other locations should be considered. This will detract from Snow Canyon Parkway. Submerge this with grading and lower the site line and the noise. Neal Miesbach stated he lives in The Reserve and has a bird's eye view of this. We are looking at a 12 feet by 15 feet footprint for the regulator building, but a 7500 square foot property rezoned to Commercial Light Manufacturing. He doesn't know what other types of activities can be allowed with that zoning. Will the permitting restrict other types of activities from taking place? Is it designated solely for this purpose we are discussing? He is concerned about it being left open-ended and what can happen in the future. Why there? Black Desert Resort has acres and acres of property. Bryan Pack stated that no one had their hand up on Zoom. Hearing no further comments, Chair Pam Gardiol closed the Public Hearing.
Commissioner Brandon Weight inquired why a zone change is required at all for a utility service? Mike Haycock stated the only zoning the gas regulator is allowed in is the Commercial Light Manufacturing zone and that is allowed in the Table of Uses for that zone. They are being compliant with our ordinances in making the request. Commissioner Dave Robertson inquired if this is higher or lower than Snow Canyon Parkway? Mike Haycock stated that depends on elevation and the zone change is regarding the use. When it comes to building it will meet our design guidelines that their Conditional Use Permit already establishes heights of structures. This will be compliant with their Conditional Use Permit. Commissioner Brandon Weight inquired if other locations have been considered? Why is this the preferred location? Steve Clausen stated the reason we are locating it here is our high pressure system runs down the middle of the roadway on Snow Canyon Parkway. The gas was placed here in the 80's, and preceded the road. We need to tap into that gas line. The proximity to Snow Canyon Parkway determined that this location was to have the least visual impact. Because of the topography and the draw we can get below the sight line. Ronielle Howard with Rosenberg Associates stated that we have put it in the pocket where you can see the existing ground then drops drastically and the areas surrounding it are considerably higher. Commissioner Brandon Weight stated the existing roadway is the dashed line and at center line is where the gravel is, and the right and left offset is showing the top of the wall. Steve Clausen stated that the existing topography is 15-20 feet and the proposed grade is 29.74. So the back of the site will be cut down 15 feet into the hill and the entire site will be down below the hill, at the same elevation as the road. Commissioner Brandon Weight stated that the cut into the hill is to make it depressed. It will be visible at road grade from these drawings. Commissioner Perry Brown inquired what is the current distribution of the gas in that area and the proposed? Steve Clausen stated the existing is down the center of Snow Canyon Parkway and just outside of Ivins in St George on a pedestal and a line in Snow Canyon. The distribution system will be served by this station. We will tap into the existing line already serving the community now with a higher capacity. We will also distribute through Black Desert Resort and it will run through the resort and exit on the Santa Clara side. Commissioner Perry Brown inquired can this be accessed directly from Black Desert? Steve Clausen stated we considered accessing this from the resort side, but it has to be from Snow Canyon Parkway because of the grade. The resort sits about 15-20 feet higher than this facility. There is also access agreements with Entrada and a cart path directly behind that we can't access or interfere with. Patrick Manning with Enlaw stated that they are willing to place a condition on the zone change to stipulate that the only use allowed is for this. Bryan Pack stated it could be a development agreement to lock in what that looks like. Patrick Manning stated they are willing to do that and there are no other plans for this .17 acres. Chair Pam Gardiol inquired if this is on the petitioners property? Who owns the property? Mike Haycock stated Enlaw is the owner as per the application. Chair Pam Gardiol stated once we zone something, anything in that land use for that zone can be used. How can we ensure that what is in front of us is what we would get? Mike Haycock stated that we do zoning first and then the development. The rezone should only occur if this fits the land use plan. It is an allowed zone in the land use plan. Steve Clausen stated that there is an agreement in the works with Black Desert Resort and the land owner known as an exclusive easement and gives us rights to secure that facility and be the only ones to use that property. Commissioner Dave Robinson stated that he has been here for 30 years in Ivins and it was nothing but fields where we rode our ATVs and had fun, and then all these subdivisions were built. It has gone from 1500 people to 10k people. Then after they are built people say don't build anything else in my backyard. That is how we felt 30 years ago when your subdivision was being built. When there is growth we need infrastructure to support that growth. Period. What they are trying to do is expand that infrastructure that will not only assist all of Ivins but also Black Desert. We have design guidelines in place to mitigate the visual impact of how this will look. Dust and wind are part of life and this infrastructure helps support what you all have gotten when you moved here. Chair Pam Gardiol stated the the Commission's purview is to be sure this petition aligns with the requirements and it is important to understand what is protected. There are ordinances in place to protect our community overall. Changes are going to happen. The questions you have all asked, we ask too. The Commission makes its decision based on the findings of fact that have been presented. The application is complete. The review of plans have been done thoroughly. The proposed zone and land use changes are in compliance with City ordinances. The Commercial Light Manufacturing is the only zone that allows the gas regulator use. Planned developments must also provide proof that adequate public facilities and resources are available to serve proposed developments. This ensures new developments are well supported by necessary infrastructure contributing to the sustainability and livability of the community. These are the findings which the Commission will use to make its decision. Commissioner Perry Brown inquired when was a decision made for this location? Was this in the master plan? Steve Clausen stated this has been in the plans for awhile, working with customers in the area, and the resort for about a year to a year and a half. Commissioner Brandon Weight inquired why can't this facility be underground? Steve Clausen stated that Enbridge doesn't allow underground gas regulation facilities. As a safety measure, they require ventilation and access to air to work properly. They need to be vented in case there is a build-up of gas and in a place where no people will be in the area. Underground, they would have a risk of erosion, they would get wet and the pit material rusts the pipe out. They cannot be underground. Ventilation also needs to be above 7 feet tall so gases are never pointed at a person. Commissioner Brandon Weight inquired if they will restrict construction near the facility? Steve Clausen stated those restrictions are met by the size of ground 75 feet by 100 feet that we have asked for. That wall is secured for vandalism. If this does not pass and we can't build the facility, we will have met our max and we would not be able to support other customers of any type to meet our growth within the next few years. We have been proactive in planning this and it needs to go in within 2-5 years. Commissioner Brandon Weight stated without the facility, if it doesn't go in, you can't service new customers at all. We need to preserve the beauty of our area, and he thinks the developers can do more to help with that, but he doesn't want to prohibit progress and the development of our community. If this doesn't get zoned it could cause problems in our future.
MOTION: Commissioner Dave Robinson moved to approve recommendation of a zone change from RC to CLM on a .17 acre portion at approximately 1650 East Snow Canyon Parkway. Enlaw LLC-Owner. Enbridge-Applicant, based upon the findings presented in the staff report. Roll Call Unanimous.
SECOND: Commissioner Brandon Weight
VOTE: The motion carried unanimously.
| Chair Pam Gardiol |
AYE |
| Commissioner Perry Brown |
AYE |
| Commissioner Dave Robinson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Brandon Weight |
AYE |
Chair Pam Gardiol stated that the purpose for this item is to carry out the duty of submitting a recommendation to the City Council and hear the public input on this draft document for any possible edits. Under Chapter 1 General Considerations it states that is the intent of this annexation policy plan to protect and enhance the private property rights of the property owners within the municipal boundaries and in the unincorporated areas surrounding Ivins City. It is further the intent that the regulations contained herein shall encourage sound planning practices and reduce the major sources of problems usually associated with the annexation process. We are also guided by legislative policy. The following statements are reflected in State Law governing annexations and are included as part of this annexation policy plan. In Chapter 2 Procedures, it states eight items as the duties of the Planning Commission in the adoption of an annexation policy plan. Two of those items are to prepare a proposed annexation policy plan, and to hold the Public Hearing. The Staff Report provided by Chuck Gillette states that the current annexation policy plan was approved by ordinance on January 20, 2005 and met the State requirements in place at that time. Staff has proposed to put a buffer around the entire city to communicate that there are not specific plans but that the city wants to be prepared for any unseen situation that may develop rapidly where an annexation may occur. The new annexation plan has been changed with this concept in mind. Instead of four annexation areas there are now six. The changes to the text were made first to ensure compliance with State Laws and second to provide support for the purposes of the expanded and new areas; third, to be in compliance with the new General Plan; and the fourth is to update the population projection. Chapter 3 Expansion Area Map outlines the boundaries of each area outside but adjacent to the Ivins City municipal boundaries that may be considered for annexation. The expansion area map shows areas where we can provide municipal services, areas of influence, impact watershed areas, wetland areas, sensitive lands, etc. Even though these areas are designated on the expansion area map, there is no guarantee that an annexation request will be approved by the City. Any petition of annexation may require additional requirements than those contained in the current annexation policy plan. The Commission has received input from a number of people. Mike Haycock stated that there are no redlines to this plan, this is what has been discussed from the last meeting. There is no further update needed. We are ready to hear from the public. Chair Pam Gardiol opened Public Hearing. Richard Bryan on Wisteria Court stated that his email in on file with the City. On Chapter 3 Page 8 under natural desert areas he applauds the wording protecting sensitive lands and on the portion about hillside protection it states "partially preserve" and he feels that is ambiguous and open to interpretation. Chapter 5 Pages 3 and 14 are regarding Area 2 but there is no mention of the SITLA property that is within that potential annexation area. It mentions the Bureau of Land Management and critical land in the Santa Clara Preserve. SITLA has already asked for a request to develop in that area. That should be included in the wording. SITLA property annexed should be subject to our current sensitive lands ordinance if they request annexation. Jim McNulty with Santa Clara City stated that they did review our documents and the annexation map. Santa Clara redid their plan in 2024 and Dale Coulam attended those meetings, as well as other affected entities. Area 3 on the plan is within their boundary and most of that area is developed. There are other areas that have preliminary and final plat approvals. The southern half of Black Desert Resort has a development agreement with them. There is a comment in the body of the document in Area 3 that discusses 427 acres that states it is currently being served by Ivins City for public safety requirements. That would be just for Police. Fire and EMS is provided by Santa Clara City. Area 5 in the Graveyard Wash area is also on our annexation policy plan map and that has a couple triangles in Area 5 on the south side of Hwy 91, and it also gets into the area where your new City shop is going to be with the park off that roundabout and the extension of Hamblin and we agree to that. We show that on our annexation map. Dale Coulam brought us plans to show that to our Planning Commission and City Council. Area 5 is an agreed overlap. We have ten days to make comment after this meeting. Rob Roush stated he lives on Red Desert Trail and has submitted his comments, which are on file with the City per request. There are about 4,900 acres in all of your annexation areas. He categorized an area called environmentally protected areas. That is the designation of Red Cliffs Desert Reserve, Snow Canyon State Park, Red Cliffs National Conservation Area and those protections apply to Areas 1, 4 and a little bit of Area 6. When you look at those areas they are about 1,720 acres, 35% of your total expansion area. With a magnitude of that amount, the entities like the school district needs a little more contact for those agencies that oversee 35% of your annexation area. On the areas north of Red Desert of the 35% he is calling environmentally protected 5% is really Section 6 funding and deserves clarification within the annexation plan as far as the encumberments of future developments. With respect to that the old section 4 that was discussed in the 2005 General Plan the City has the right to refuse to provide water and sewer. You can dictate what goes on in those areas. There is a new employee at Washington County Water Conservancy District who is an expert on water rights and he is pretty certain that there are no water rights there so people can't just go drill a well. He will do more research on the risk exposure by not having some elements of Area 4 and Section 6 around 240 acres not being in the annexation plan. Bryan Pack stated there were no hands on Zoom. Hearing no further comments, Chair Pam Gardiol closed the Public Hearing.
Commissioner Dave Robinson stated his biggest question is the area between Areas 5 and 2 he knows Santa Clara is going to annex. That is a really chopped up area. If the road goes in for the Western Corridor, that is some vital property for commercial. Mike Haycock stated the process is when doing an annexation plan that just says we are interested in these areas. That doesn't mean we have an application. It makes it an available option that someone could possibly annex. When an application is received, it goes to a vote and the property owner has the option to say yes or no. That vote determines if we want to look at it for annexation. The applicant would have to show that this project works for Ivins City. We can overlap areas. An applicant may choose one city over the other. It also depends on the vote of surrounding properties, and then on our own city. Hatching an area is just opening things up to have the discussion. These lines may change in the process. Commissioner Dave Robinson inquired why don't we overlap in that area to become a choice down the road when that area develops? We can't do odd jots. Mike Haycock stated if you recommend that we can redraw it. Commissioner Brandon Weight stated that Santa Clara mentioned there was an agreement made. Bryan Pack stated that was with Black Desert. It doesn't bind Ivins. Our annexation plan can vary from theirs and we can overlap areas. Commissioner Brandon Weight stated Chuck Gillette mentioned in his presentation that we are bound by the preserve, Shivwits reservation, surrounded by so many other areas like that. We don't have a lot of options so we chose the areas we could. It is just a plan, nothing set in stone. Bryan Pack stated if you don't include it here we cannot annex it into Ivins. We are being as thorough as we can and we don't know what the future holds. That was Chuck Gillette's thought process was as he was drawing it. Commissioner Dave Robinson stated yes expand Area 5 to meet Area 2. You could actually then just eliminate Area 5. If it goes to Santa Clara great, but unless it is in there, we can't ask for it. Bryan Pack stated there are so many considerations when that process comes forward. The biggest one is where the applicant wants to go. Commissioner Brandon Weight stated Areas 1 and 4 would take an Act of Congress to actually annex. Bryan Pack stated when in doubt, include it. Commissioner Brandon Weight stated he agrees to combine Area 2 and 5. Extend Area 5 and go straight out right up to Santa Clara's border. We have as much opportunity for that land as Santa Clara. Commissioner Doug Clifford stated Chuck Gillette may want to leave them as separate areas if the purpose of annexing them in would be different. We can consider any areas that are contiguous. Commissioner Dave Robinson stated take it up to the Santa Clara border. Mike Haycock stated that there is a lot to look at in the application, like utility locations, etc. Brock Jacobsen the City Manager of Santa Clara stated that their development agreement is with Black Desert Resort that tells them what they can do with their land in Area 3. Bryan Pack stated it is very unlikely that anything in Ivins happens in Area 3 but crazier things have happened. We would have to work with Santa Clara on something like that. There is no harm in including it. Brock Jacobsen stated that there are development agreements and preliminary plans approved in Area 3. Mike Haycock stated that the affected entities that Rob Roush questioned are not defined as such in State code. We let the Bureau of Land Management know we were doing this annexation policy plan. We have done our noticing correctly for the annexation policy plan. Commissioner Perry Brown inquired about notifying the Department of Interior and Fish and Wildlife? Where is that 240 acre area and should they be referenced? Bryan Pack stated that the State code does not require notice to any federal agencies of any kind. We can add them but it does not affect the legality of what we are doing. State law does not require notice to land owners at this stage, but to entities that may need to provide services to this land, which includes the County, other municipalities, the School District, Special Service Districts, etc. Commissioner Perry Brown inquired should we remove Bureau of Land Management from the list? Mike Haycock stated either way. We can include one, all or none. Whatever you recommend. Chair Pam Gardiol stated that Rob Roush had recommended adding schools, SITLA, Shivwits, Red Cliffs Desert Reserve, Snow Canyon State Park, US Fish and Wildlife so that it is inclusive. Bryan Pack stated his recommendation is to follow the State code. They are specific on who needs to be noticed for these discussions. When we expand it, where do we draw the line? Commissioner Brandon Weight inquired why list them? Why not just refer to the code? Mike Haycock stated we could say as per State code but we list them so we can identify them specifically. Bryan Pack stated the list in State Code is the County, Special Service District, the School District and adjoining municipalities. Those are the only entities required to notify. We have met this procedurally. Commissioner Brandon Weight stated remove the extra like the Bureau of Land Management. Bryan Pack stated we certainly could. Commissioner Doug Clifford stated Rob Roush lumped everything into an environmental protection area but that is not really a category. Commissioner Brandon Weight stated he can own land that may be environmentally protected but he is still be bound by those restrictions. Bryan Pack stated yes any annexation of land where they have restrictions would not trump them, those restrictions would still apply. Chair Pam Gardiol inquired if then, environmental lands are already covered? Bryan Pack stated existing rules would already apply. Annexing itself does not change or alter that. A lot of protections would have to change to even consider annexing some of these lands. The process now is that there is a ten-day period for any affected entities to submit their comments. Once those ten days are over it comes back to another hearing with the Planning Commission and 14-day notice to all of those entities if we feel like there are changes needed because of those comments. It is then recommended on to City Council, again with public hearings and notices sent to any affected entities. Commissioner Dave Robinson stated the next map will draw those lines in to Santa Clara. Mike Haycock stated that Chuck Gillette will make that change before next hearing.
MOTION: Commissioner Dave Robinson moved to continue recommendation on proposed amendments to the Ivins City Annexation Policy Plan; adopted as an amendment to the Ivins City General Plan.
SECOND: Commissioner Perry Brown
VOTE: The motion carried unanimously.
| Chair Pam Gardiol |
AYE |
| Commissioner Perry Brown |
AYE |
| Commissioner Dave Robinson |
AYE |
| Commissioner Doug Clifford |
AYE |
| Commissioner Brandon Weight |
AYE |