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WELCOME AND CALL TO ORDER |
Staff Attending: Chuck Gillette-City Manager, Bryan Pack-City Attorney, Sharon Allen-Deputy City Recorder.
Audience Attending: Bonnie Kline, Brian Hahne, Sharon Gillespie, Kurt Hansen, Ronielle Howard, Barry Youngfield, as well as others that did not sign in.
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/86143415488
A. Acknowledgement of Quorum
B. Flag Salute--Commissioner Pam Gardiol
C. Invocation--Commissioner Pam Gardiol
D. Disclosures--None
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REPORTS, PRESENTATIONS AND APPOINTMENTS-None. |
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PUBLIC HEARING AND ACTION ITEMS- |
Chair Perry Brown stated that the applicant Wes Davis sent in a letter. Kurt Hansen represented the applicant and stated that these are the final eight units left in this development. These are the most challenging units topography-wise. We have commenced the amenities on this development. This application is aimed at making those most challenging units affordable, we are trying to solve that problem. They are two buildings of four units and we want to change it to two buildings of eight units and be able to access these from the private road and from foot on the lower side, and be able to approach the units from both sides to increase the density. Additional parking would be provided. The plat itself really would not change at all. The increase of construction costs for building on a hillside make this a viable product. Chair Perry Brown opened the Public Hearing. Barry Youngfield lives in Sage Villas and stated this change in zoning allows another unit or two to be built. His concern is if they put them together to do more than eight units to make them rentals, how do we accommodate for parking that already overflows into the road? Dark sky lighting is another question. Would these be owned? He would like to see more affordable housing for primary owners in the community. He would be against them being built and renting them out. Bryan Hahne stated that when he bought years ago this was not the intent of the property and would have changed his decision in purchasing the property. His concern is also parking and overall feel of the community, access to the pool. There was no talk with his realtor when he bought of apartment living and he worries about the long-term viability of his investment and the value of his home. He understand that they ran into challenges in the building of these lots. That initial conversation had to have come into their decision. It is not fair to switch it now. Bryan Pack stated no one was on Zoom. Hearing no further comments, Chair Perry Brown closed the Public Hearing.Chuck Gillette stated that Staff's biggest concern is the parking requirements. Approving a zone change if you choose to recommend it, that does not mean they can figure out the parking solution. We haven't landed on the solution for parking yet. Kurt Hansen stated that the parking proposal has been drafted by Rosenberg and Associates and they are paying to put the retention basin in a vault and that has been discussed with Rob Dalley. They are aware of the constraints and working within those constraints. Chair Perry Brown stated that these were to be townhouses sold to individual. You are still proposing affordable housing. Will they be individual owners and how do we guarantee that? Kurt Hansen stated he can't guarantee that someone will not buy more than one. They will still stay a community-feel. It will fit within the existing community. Chair Perry Brown inquired how many units are within the four units? Kurt Hansen stated they are three-story units and looks the same as what is closest to Guy Lane. The building next to these were not as extreme topography but it would be similar to those. Bryan Pack inquired how is ownership handled? Are these condos? Or is it one unit with an Accessory Dwelling Unit that can be rented? Kurt Hansen stated he thinks the change creates a second tax ID. Commissioner Pam Gardiol inquired are the three stories within the height ordinance? Kurt Hansen stated yes they are dugout/walkout basements. from the front they are significantly lower than the height ordinance. Commissioner Pam Gardiol stated in the Staff report it says "using zoning and land use regulations strategically ensures that a development's style and intensity does not distract from our unique character." How do you see this blending into the feel of Ivins? Kurt Hansen stated in this development these are the last eight units and you will not be able to distinguish these buildings from the other units there. It will fit right in. Commissioner Dave Robinson stated that he thinks it fits adequately and he understand the neighbors concerns. He likes that they will blend, and some of the questions we asked are irrelevant today since this application is for a zone change. Commissioner Pam Gardiol stated she is voting aye because it is High-Density Residential land use and that holds an RM zone in it. The parking and height impacts have been addressed.
MOTION: Commissioner Dave Robinson moved to approve recommendation on a Zone Amendment from R-TH (Residential Townhouse) to R-M (Residential Multi-Family) on approximately .81 acres Sage Villas Phase 2, Units 36-43. Sage White Mountain, LLC-Owner/Applicant. Roll Call Unanimous.
SECOND: Commissioner Brandon Weight
VOTE: The motion carried unanimously.
Chair Perry Brown AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE Commissioner Brandon Weight AYE Commissioner Pam Gardiol AYE
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DISCUSSION AND POTENTIAL ACTION ITEMS |
A. Discuss the CN Neighborhood Commercial Zone. Chair Perry Brown stated the items we have left unresolved were Alcohol and Home-Based businesses. We just want to know what the State Code says to make sure what kinds of businesses and under what conditions are allowed, so they can decide if those type of uses fit. Bryan Pack stated in our alcohol ordinance, Title 5 Chapter 4 indicates that in the Neighborhood Commercial zone they allow a full restaurant license, a limited restaurant license, a beer only restaurant license and an off-premises license. The first three are essentially the same thing. The distinction is the type of liquor they want to sell. The full license allows liquor and beer and a higher alcohol content, and distilled liquor and spirits. The limited license only allows for wine and beer. A beer-only license only allows for beer. If you go to Chili's the restaurants all look the same. We don't know the type of license they have. They have a separate bar area from the food area. Off-premises beer license is only for the sale of beer like at a convenience store or a grocery store and consumed off-premises and can't be more than 30% of your sales. Those are the main distinctions. If you want to change that, we need to go to our business license section and we would strike the Neighborhood Commercial zone. Commissioner Dave Robinson stated that these are very common to have small restaurants and bars in neighborhoods. In older cities they wrap around houses and may make you park in the street but they become part of the community. He sees no problem having it in the Neighborhood Commercial zone. He doesn't drink but it seems to fit in the Neighborhood Commercial zone. Commissioner Brandon Weight stated that places like Texas Roadhouse, Chili's, those definitions fit, as well as a place like Angelica's, which is beer only. We can't tell which type is which. Commissioner Pam Gardiol stated that she concurs with a bar not being included. Saying that there would be food, if there is something that mitigates the impact of that chemical influence. Bryan Pack stated the restriction is that they can't actually have alcohol until they have ordered food. He doesn't know how that is enforced. Commissioner Dave Robinson stated that is State law that is mandated. Commissioner Brandon Weight stated those establishments are more of a family environment and community gathering versus a bar. Commissioner Perry Brown inquired what do we need to change? Bryan Pack stated we don't change anything. This is what our code already allows. Commissioner Dave Robinson inquired if it is a designation for a Conditional Use Permit? The level? Bryan Pack stated it is not a Conditional Use Permit because the City is locked into what the State says. This shows that this is a use that is allowed in our code for the Neighborhood Commercial zone. Sharon Allen inquired if the Commission was okay with the definition language for tattoo parlor being moved into Person Services? Commissioner Brandon Weight stated this looks correct. Commissioner Pam Gardiol stated remove the comment "check State Code and bar establishment." Chair Perry Brown stated that all that is left is Home-Based businesses. Chuck Gillette stated he doesn't think this should wait for that. Chair Perry Brown stated we can come back with that section when it happens. We will have a Public Hearing on this next meeting.
B. Discuss and consider approval of the Ivins City Planning Commission Meeting Minutes for June 2, 2026.
MOTION: Commissioner Pam Gardiol moved to approve approval of the Ivins City Planning Commission Meeting Minutes for June 2, 2026.
SECOND: Commissioner Dave Robinson
VOTE: The motion carried unanimously.
Chair Perry Brown AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE Commissioner Brandon Weight AYE Commissioner Pam Gardiol AYE
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REPORTS |
A. Planning Commission Members
B. Chair Chair Perry Brown stated that we will be having a joint meeting with City Council on Thursday at 3 pm. There will be a field trip and then after a discussion regarding a potential annexation of land south of Hwy 91. Commissioner Pam Gardiol stated an email went out today from Tiffany Wynn and a group of people who put out an extensive report.
C. Building and Zoning Administrator, Rob Dalley
D. City Attorney, Bryan Pack
E. Items to be placed on future agendas. Sharon Allen stated we may have a preliminary plan coming up. Chuck Gillette stated that the recent development agreement amendment we did with Solterra allowing flexibility in the front yard setbacks, the Retreat at Black Desert may now want to improve the appearance of their project and do something similar. Since they are requesting exempting from our setback ordinance we believe there needs to be a Public Hearing here and with the City Council.
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MOTION: Commissioner Pam Gardiol moved to approve ADJOURNMENT
SECOND: Commissioner Doug Clifford
VOTE: The motion carried unanimously.
Chair Perry Brown AYE Commissioner Dave Robinson AYE Commissioner Doug Clifford AYE Commissioner Brandon Weight AYE Commissioner Pam Gardiol AYE