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WELCOME AND CALL TO ORDER |
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. Zoom Link: https://us02web.zoom.us/j/89046139287 CHAIRMAN AND COMMISSIONERS: The meeting was called to order at 05:30 p.m. All present included Chair Pam Gardiol, Commissioner Dave Robinson, and Commissioner Doug Clifford.
Staff Attending:Chuck Gillette-City Manager, Bryan Pack-City Attorney, Rob Dalley-Building and Zoning Administrator, Kaitlynn Krauss-Code Enforcement and Sharon Allen-Deputy City Recorder. Commissioner Brandon Weight attended via Zoom.
Audience Attending:Jerry Nostadt, Sharon Gillespie, Dustin Garr, Ben Hobson, Chad Spencer, Dave and Suzy Appel, Dave Nasal, as well as others that did not sign in. Lisa Ganz attended via Zoom.
A. Acknowledgement of Quorum
B. Flag Salute--Commissioner Doug Clifford
C. Invocation--Commissioner Doug Clifford
D. Disclosures--None.
A. Training on Open Meetings and requirements for disclosure of conflicts. Bryan Pack presented a Powerpoint and stated that on an annual basis any public body is required to go through an open meeting training. The purpose of the Open and Public Meetings Act is transparency, that helps promote public trust and accountability. It shows the public what the basis is that helps form the Commission's decisions. Any gathering of a public body is a meeting and has to be done in an open meeting. A meeting is defined as a quorum that is lawfully convened and has an agenda with relevant items on that agenda. Meetings can be electronic. We have workshops and those are also open meetings. Relevant matter is anything you can act on such as land use regulations and applications. Public meetings require notice and posting. The agenda needs to list the specific topics that are going to be discussed. Our posting locations include our website, the Utah Public Notice website and here at City Hall. The agenda needs to be clear and specific. Only items on the agenda can be discussed and acted upon. You can close meetings. Planning Commission doesn't really do that, that is mainly City Council. Minutes are taken and record the substance of all matters proposed and what is decided. As long as we have video or audio we don't have to do verbatim or even a summary. We can point to a spot in the meeting where this is discussed so people can access it. If you get together as a quorum and decide something outside of the meeting it is a potential misdemeanor charge and the decision would be invalidated by a court. Commissioner Dave Robinson inquired if going to a location for a site visit is done as an open meeting? We can discuss the item at that meeting, but the decision gets made back in this recorded forum. Bryan Pack stated that the Utah Public Officers and Employees Ethics Act is regarding conflicts of interest and disclosures that we ask the Commission to make at the beginning of each year. In your positions as Planning Commission there are some things you are not allowed to do, which is anything for your own personal or economical interest. You cant use this position for your own interests or your own economic interests or receive gifts that would tend to show that a reasonable person would be influenced in their decision-making capacity. Gifts less than $50 or awards in recognition of public services are the exceptions. You also can't agree to represent someone without a disclosure statement and you are not allowed to act as a presenter or an applicant in that situation. You would recuse yourself in that situation. If you have a conflict of interest, the law requires you to disclose that. You fill out that form on an annual basis, and the property you reside in and if you have any business interests here in town, those would be listed. You also state at the beginning of a meeting any conflicts you may have. You don't recuse very often. We want to have you participating if you can but disclose if there is a conflict of interest. Violations and criminal misdemeanor charges are a possibility if something is found to not be disclosed. Chair Pam Gardiol stated she is aware of an issue in another County that she feels strongly about, and one of the players is involved in development in Ivins. Her activity in that event in another in that city has no bearing in what happens in Ivins. Would that be a conflict? Bryan Pack stated if you don't have any economic interest and only have a strong opinion is not a conflict of interest. Only unless you have a specific economic interest. Chair Pam Gardiol stated that the conflict of interest form seems that it is more comprehensive. Bryan Pack stated that law has been changed recently by the State. It is prepared more for City Council candidates to disclose more than they have in the past and what legislature has asked them to disclose. We could probably scale that back for the Planning Commission. The main part you fill out the list of what property you own in town, and any financial interests.
B. 2026 Planning Commission Workflow Schedule and To-Do List
Chair Pam Gardiol stated that this is an impressive report. Rob Dalley stated he had a lot of help. This is a living document so let him know what you do and don't like. Commissioner Doug Clifford stated it was a great idea. Chair Pam Gardiol stated she appreciates the verbiage. This refers back to Mike Scott and Mayor Hart and their questions and this runs out in August. Rob Dalley stated yes. Planning Commissions are often seen as gatekeepers. They are trailblazers that set the tone for how trust is built and how progress actually happens. For too long there has been an unspoken divide. Developers think we cities are obstacles and cities think developers are the problem. That mindset doesn't help anyone. Growth is not the enemy and development is not a four letter word. When done right, development brings, housing, jobs, variety and opportunity. The challenge is how development happens, how it serves us, and how well we work together to get it here. This Planning Commission has the chance to lead differently. Trailblazers raise standards and make the path clear. Rules are fair, transparent and consistently applied. Everyone wins. When the Planning Commission is open and respectful, trust grows. When trust grows, better projects flow. You have the opportunity to change the culture and show that the City and its development community don't have to be on opposite sides of the table. We can have shared goals like quality design, affordability and long-term success. The future of the City is not built by the Commission alone. It takes collaboration and leaders willing to listen, innovate and lead with vision. So be bold, be fair, be open and be the Planning Commission that figures it out. Great cities aren't born out of conflict. They are built through partnerships, trust and thoughtful planning. Thank you for your leadership. Chair Pam Gardiol stated you beautifully described that communities are systems, and every system is critical for the health, safety, quality of life and environment. Having a vision, which is what our General Plan is allows us to have that anchoring spot and allows us to move in the direction we want to go. We may disagree, but we are working together toward the common good.
A. Public hearing regarding a Class IV Conditional Use Permit, located at approximately 300 East and 200 South. The Church of Jesus Christ of Latter-Day Saints-Owner. Chad Spencer-Applicant. Rob Dalley stated that we have grading and elevation issues we are still discussing with Public Works, so we ask to table Items 3A, 3B and 4A.
MOTION: Commissioner Dave Robinson moved to table Public hearing regarding a Class IV Conditional Use Permit, located at approximately 300 East and 200 South. The Church of Jesus Christ of Latter-Day Saints-Owner. Chad Spencer-Applicant.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE
B. Discuss and consider approval of a Class IV Conditional Use Permit, located at approximately 300 East and 200 South. The Church of Jesus Christ of Latter-Day Saints-Owner. Chad Spencer-Applicant. MOTION: Commissioner Dave Robinson moved to table Discuss and consider approval of a Class IV Conditional Use Permit, located at approximately 300 East and 200 South. The Church of Jesus Christ of Latter-Day Saints-Owner. Chad Spencer-Applicant.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE
C. Public Hearing regarding a Class V Conditional Use Permit for Aventura, located at approximately 800 South Main Street. Aventura at Ivins, LLC-Owner. Rosenberg Associates-Applicant.
Dustin Garr stated that this property is on Main Street and Hwy 91 across from the RV Park. It consists of 86 luxury townhomes and there are 31 units that have primary units on the main floor and the other 55 are a traditional townhome. In the center of the project, we put an area for the pool and pickleball courts. There will be two bathrooms and an office for our property management company. Each unit includes a two-car garage as well as a driveway for an additional two cars to park. That was a big emphasis with TRC to discourage parking on the street. This is zoned for multi-family and has a Short-Term Rental Overlay and this project will be managed by a property management company for those that wish to have their unit in the rental pool and a local company will take care of all those things like operations, maintenance and guest services. Parts of this development that will require improvements along Hwy 91 is the landscape by the path. In their landscape plan it shows the wall with the jogs and aesthetics required. There will be lighted bollards on that path, and on the 800 South side, there will be a path along that street to lend itself to connectivity. We have spent a considerate amount of time on this project. Exterior colors shown will be a darker stone around the garages on the project. We will mix those a little within the development, staying away from white and matching colors required in the City code. Rob Dalley stated that we have talked about this development last time at the Public Hearing. Commissioner Doug Clifford inquired about the trash? Rob Dalley stated it is individual bins to be kept in the garage or down the side. Commissioner Dave Robinson inquired about sidewalks within the subdivision? Rob Dalley stated yes they are on one side. Chair Pam Gardiol opened the Public Hearing. Suzy Appel inquired what the Conditional Use Permit is for? Is there extra parking for RVs, side by sides, etc? The stucco color seems light to her. Is the color approved? Dave Appel stated he lives on 715 South and wondered if 800 South dead-ends there? What happens with the triangle piece that has a gate on it where people drive on the bike path? Bryan Pack stated no one was on Zoom. Hearing no further comments, Chair Pam Gardiol closed the Public Hearing.
D. Discuss and consider recommendation of a Class V Conditional Use Permit for Aventura, located at approximately 800 South Main Street. Aventura at Ivins, LLC-Owner. Rosenberg Associates-Applicant. Rob Dalley stated that the colors in the rendering are not what they will adhere to. They will adhere to our City standards. The green is xeriscape lawn. Bryan Pack stated that the Conditional Use Permit is for the Short-Term Rental Overlay. It is not the plan itself because that has been approved, but a Conditional Use Permit is required for that overlay. Chair Pam Gardiol inquired about the extra parking for RVs? Commissioner Dave Robinson stated that this was the big discussion for Lance Anderson on the other side. He knows for a fact when people come for nightly rentals they bring toys and they will park on the street. Bryan Pack stated the Short-Term Rental Overlay prohibits on-street parking after six hours. The code is silent on where they park them. It is appropriate to discuss here if you feel it needs additional parking. Chair Pam Gardiol inquired what does the Development Agreement say? Who is going to enforce it? Commissioner Dave Robinson stated Lance Anderson's project added longer parking within the subdivision he was building. Dustin Garr stated that we are willing to look at places. We had some parking on the north side of the project but we had to move that into the interior. We can work on that. Chuck Gillette stated that our Master Plan shows that 800 South does not go all the way to Hwy 91. If these other properties ever develop it is possible to connect to the Appel property. We will keep the right-of-way and have a trail and utilities run through there. On the developer's side, they will gravel mulch that area. Commissioner Dave Robinson inquired if it could be used for RV Parking? Chuck Gillette stated he wouldn't commit that area because we don't know how the other properties will develop. Chair Pam Gardiol stated in the project narrative it states that Aventura at Ivins is intended to be well-designed community. That should be shall. Development Agreement Item C it states that amenities include a pool and pickleball court, add path connecting with the path on Hwy 91. Put that in the agreement as well. Commissioner Dave Robinson stated regarding the triangle shaped piece, does it have a wall all the way around it? Is that part of the trail system? Dustin Garr stated south of that wall is what will be landscaped and will be common area within the development. The north side is where we are landscaping along our portion. The City will maintain the rest. That will be encased as part of the development to insulate building 86. Commissioner Doug Clifford stated we should do a study to some similar places to see how much recreational parking should be required.MOTION: Commissioner Dave Robinson moved to approve recommendation of a Class V Conditional Use Permit for Aventura, located at approximately 800 South Main Street. Aventura at Ivins, LLC-Owner. Rosenberg Associates-Applicant, with the condition to add in RV parking within their project. Roll Call Unanimous.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE
E. Public Hearing regarding an ordinance Amending Backflow and Cross Connection Regulations. Rob Dalley stated we need to come into compliance with the State of Utah. Kaitlynn Kraus stated adding the International Plumbing Code to be specifically stated into the ordinance was the Commission's only change from last meeting. Chair Pam Gardiol opened the Public Hearing. Bryan Pack stated no one on Zoom. Hearing no further comments, Chair Pam Gardiol closed the Public Hearing.
F. Discussion and consider recommendation of an ordinance Amending Backflow and Cross Connection Regulations. Bryan Pack stated that the word "form" is written at the top of ordinance and should be removed.MOTION: Commissioner Doug Clifford moved to approve recommendation of an ordinance Amending Backflow and Cross Connection Regulations, to include suggested changes.
SECOND: Commissioner Dave Robinson
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE
G. Public Hearing regarding Ordinance adopting PUD-R Requirements. Rob Dalley stated that this is being brought back to create a PUD-R zone. Commissioner Doug Clifford stated line 16 says "site development plan" but the rest of the document says "concept plan." Rob Dalley stated we will change that. Commissioner Dave Robinson stated that the theory in the beginning was that we would get a more thorough look prior to approvals. Rob Dalley stated we can't legally ask for a concept plan anymore. Chair Pam Gardiol stated on line 45 we changed "Planning Staff" to "TRC" if you can change that. Line 88 we list "freeways." Please remove that. Line 90 on the lighting plan can we add the intensity? Rob Dalley stated it is the general lighting plan. We can say it will conform with the City lighting ordinance. Chair Pam Gardiol stated yes she recommends we cross-reference that. Is Line 120 for a 3k square foot single family lot? Rob Dalley stated he is adding the minimum lot size to be 3k square feet. He wants to keep 5k square feet. Bryan Pack stated if minimum size is 3k we could remove 5k. Line 50 states "setbacks for all residential developments will be as followed unless the setback is granted to the TRC." That should be recommended to the TRC. Item 3 line 161 you list the name and the numeral, she suggests we keep doing that to remain consistent. It also says "for a total of ten." Make sure to add "feet." Line 254 approve three stories or more. Would we allow a height exception? Rob Dalley stated someone can apply for one. Chair Pam Gardiol opened the Public Hearing. Bryan Pack stated no one was on Zoom. Hearing no further comments, Chair Pam Gardiol closed the Public Hearing.
H. Discuss and consider recommendation of the Ordinance adopting PUD-R Requirements. Commissioner Dave Robinson stated line 81 and 82 it has "organic open space" in there.MOTION: Commissioner Dave Robinson moved to approve recommendation of the Ordinance adopting PUD-R Requirements, with requested changes. Roll Call Unanimous.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE
Rob Dalley stated that we have seen this at the last meeting. He had put those zones into the Table of Uses. It sounded like there were no concerns on that Table. Chair Pam Gardiol opened the Public Hearing. Bryan Pack stated that no one was on Zoom. Hearing no comments, Chair Pam Gardiol closed the Public Hearing.
Bryan Pack stated Lines 2-7 has a formatting error beginning with "This sentence and the underlined italicized text with a gray background and white font." We need to make sure that gets corrected in the final draft. We will get rid of extra white spaces as well.MOTION: Commissioner Doug Clifford moved to approve recommendation regarding an ordinance adopting new residential zoning districts (R-1-3 and R-2-5) allowing 3,000 square foot lots and twinhomes on 5,000 square foot lots. Classifying the existing R-1-5 and the new R-1-3 zones as being appropriate for a new HDR (High Density Residential) single family land use designation and the existing R-2-10, RM and R-TH and the new R-2-5 zones as being appropriate for HDR multi-family land use designation and to be included in the Table of Uses, with requested consolidation and changes. Roll Call Unanimous.
SECOND: Commissioner Dave Robinson
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE
MOTION: Commissioner Dave Robinson moved to table Discuss and consider recommendation of a Special Height Exception for The Church of Jesus Christ of Latter Day Saints, located at approximately 300 East 200 South. The Church of Jesus Christ of Latter Day Saints-Owner. Chad Spencer-Applicant.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE
B. Discuss Amending the Solterra Development Agreement. Dave Nasal stated this passed through the Commission and Council before on the Best property and currently that setback is 25 feet to the garage and we would like to move it to 20 feet in front of the garage and the residential component to be 15 feet. With water efficiency and lack of lawns, we thought pulling houses forward a bit would help shield and take the focus off garages. The setbacks are 5 feet and 10 feet on the sides but they would like it to be at 3 feet and 12 feet. The reason was for garbage cans and being able to have concrete on the side and be able to shield those cans with a pony wall. Ten feet makes the side of the house a little less useful. It would require a fire wall on the 3 foot side, which we are aware of. Commissioner Dave Robinson inquired if the garage side would be on the same side on every home? Dave Nasal stated that is the goal. We could get into an issue on a corner but if that did happen they would get the fire wall on the 3 foot side. Chair Pam Gardiol inquired that you are reverting back to an old philosophy where you put the door where there is a possibility of interaction? Dave Nasal stated yes and showed included photos. Chair Pam Gardiol stated there is still a sense of inviting because there is a door. Dave Nasal stated we have a 20 foot height restriction and we don't have an elevation for the contemporary design, but it would be great to have porches. We would like to pull them forward and make it more inviting. That yard is kind of a waste in the front. We'd like to put their yards in the backyard and give them more space. It would make the garage the least prominent feature. Chair Pam Gardiol stated as she looks at this, it feels more inviting rather than so recessed. She likes the idea of putting more usable space in the back. There will be cement along the garage side with a pony wall? Dave Nasal stated we would put the pony wall on the garage side. 12 feet is enough space for bigger vehicles. Rob Dalley stated that the petitioner would like us to add this language to their existing Development Agreement. It is unique and they still have space for vehicles. They will maintain and are well aware of the firewall and that cost. Commissioner Dave Robinson stated this is what we are trying to get to.
MOTION: Commissioner Dave Robinson moved to approve recommendation to Amend the Solterra Development Agreement. Roll Call Unanimous.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE
C. Discuss Creating an Affordable Housing Overlay Zone. Rob Dalley stated this overlay zone is the first in our calendar to work on an affordable housing zone. We need guidance as to whether it looks good. Commissioner Doug Clifford inquired why an overlay rather than a change of zone? Rob Dalley stated he is good doing this either way. Chair Pam Gardiol stated if we are trying to get affordable housing throughout the City, an overlay would work. Commissioner Doug Clifford stated if we just did the PUD-R, how does this fit in there? Rob Dalley stated if anyone chooses not to go this route, that is fine. Commissioner Dave Robinson stated he agrees, he thinks this adds confusion and is redundant. Rob Dalley stated we can table this. Bryan Pack stated where do we call for or allowing for density bonuses on deed restricted properties? This may be the right tool or strategy, or build it into the PUD-R portion. The first three pages are an overlay, but page 4 is from Springdale's code regarding affordable housing. 10.6a4C-1 and 2 there is a definition for an affordable rental unit and ownership that talks about those affordability covenants and restrictions. Commissioner Doug Clifford stated we don't want to make it confusing. Let's take just one concept and flesh it out. The PUD-R zone has an advantage to give us some variety. It provides opportunities to neighborhoods. Bryan Pack stated that Chapter 6A requires residential in any development to do 10% in affordable housing. That is how they have tackled it. It may be worth contemplating. Commissioner Dave Robinson stated title restrictions keeps the big corporations from buying up all the houses. Commissioner Doug Clifford stated in Pleasantville, he used the title restriction and it worked well and had a time limit to allow them to put those in. He liked seeing these examples from other cities. Rob Dalley stated when we use a PUD-R, we could make that comment to City Council.
D. Discuss and consider approval of the Ivins City Planning Commission Meeting Minutes for January 13, 2026.
MOTION: Commissioner Dave Robinson moved to approve the Ivins City Planning Commission Meeting Minutes for January 13, 2026.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE
A. Planning Commission Members Commissioner Dave Robinson stated he is attending the Dixie Regional Transportation Expo is on February 17th. The Federal government gave us the okay to build the Northern Corridor. Chair Pam Gardiol stated that Conserve Southwest Utah and another of other agencies intend to sue.
B. Chair Chair Pam Gardiol stated the Utah Land Use Institute is March 20th. It is very informative and goes over what comes out of our legislative sessions.
C. Building and Zoning Administrator, Rob Dalley Rob Dalley stated he will be gone next Commission meeting.
D. City Attorney, Bryan Pack
E. Items to be placed on future agendas.
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chair Pam Gardiol AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE