Wrestling With The State & Mother Nature

The Planning Commission will hold a public hearing and consider recommending changes to the City’s Subdivision Ordinance at its July 13th meeting. Sounds like an exciting topic, doesn’t it? Of course not! But it is. It contains two particularly important changes. One change addresses the City’s ability to control development. The other change gives the City some flexibility over water concerns.

Wrestling with the State

At a recent Planning Commission meeting City Manager Dale Coulam explained that the State has now eliminated the ability for cities to regulate many building design elements for one- and two-family homes. Ivins can still regulate design elements for townhomes, multifamily and commercial development. And HOAs can regulate design elements, including building color, in their CC&Rs.

 Even so, this significantly interferes with cities’ ability to control their own destiny.

But Dale suggested a possible solution. He said the City could change the subdivision ordinance to require development agreements for all new subdivisions. That way the City could still control design requirements. Currently, development agreements are only required when a developer asks for a density bonus.

So, the Planning Commission will hold a public hearing and consider recommending a change to the Subdivision Ordinance at its July 13th meeting. The change Dale proposes would require all subdivision applications enter into a Development Agreement with the City. Among other things, the Development Agreement can require the development to follow current design guidelines.

Thanks to Dale’s creativity, this is a good solution to a bad problem that should never have happened. The State was wrong to take control away from cities. Ivins is not Santa Clara, or Hurricane, or Springdale. Each city has its own unique character. And that is a good thing. This would take control back from the State for most new development. And, significantly, Ivins is doing this quickly. We just lost control at the beginning of July, and we could get it back in a couple of weeks. Let’s hope the State does not try to fight this. Shame on them if they did.

Wrestling with Mother Nature

But wait, there’s more. The second change Dale proposes would include a disclaimer in these Development Agreements for all new subdivisions, saying, “…there may not be sufficient water to serve lots and/or phases in the future and that decision will be made at time of building permit application.”

Here is how I read this sentence. Often, developers come in with a concept plan long before they are ready to submit for their permit. I believe the City takes the position that it is bound to honor that project once the concept plan has been submitted and follow through by issuing a permit as long as the developer is not asking for anything special. But our water situation could change significantly between the initial concept plan and the final permit application. This gives the City flexibility to deal with whatever new information it has.

If the Planning Commission recommends approval of these changes, then hopefully this will be in front of the City Council in a couple of weeks and they will approve the changes. If so, even though this is just one small step on a large water issue, it is a step, so that along with taking back development control deserves a “Bravo Ivins!”

Please share your comments and tell me about other Ivins issues I have not addressed in recent posts. CONTACT ME

Recent “Development” posts

  • Having a Voice in the Future of Ivins
    PDF 📄I was going to call this article “What Mojave Village Can Teach Us About Working Together to Protect Our Community,” but that’s a bit much for a title! In my September “Monthly Ivins Update” email to residents, I asked residents to email me with their thoughts about Mojave Village. More than 200 took the…
  • Mojave Village: A Big Proposal Moving Quickly
    PDF 📄Ivins is considering a significant new development called Mojave Village, approximately 64 acres near Guy Lane and Fitness Way. The proposal includes 369 units: 160 Resort Commercial townhomes that could be used as short-term rentals, nearly 200 smaller-lot single-family homes, and estate lots of an acre or more. That’s a lot to consider. At…
  • Mojave Village: Your Questions, Concerns & My Responses
    PDF 📄Since I posted information about the proposed Mojave Village development, I’ve received more than 100 emails and a lot of social media comments. Some are strongly opposed. Some ask good questions. Some raise concerns I share. Some reflect understandable misunderstandings about what is actually being proposed, which is one reason I think providing more…
  • A New Plan for 64 Acres in Ivins: Mojave Village
    PDF 📄There are two important public hearings this week regarding Mojave Village, a proposed development of approximately 64 acres near Guy Lane and Fitness Way. The proposal would change the Land Use and Zoning Maps to allow a mix of housing types and Resort Commercial development. The proposed plan includes: 160 Resort Commercial townhomes that…
  • SITLA Responses to Resident Concerns
    PDF 📄I have received a number of emails from residents opposed to the annexation of the SITLA land just off Hwy 91 next to the Indigo Trails neighborhood and the proposed “Anasazi Commons” attainable housing development (previously called Anasazi Ridge). After reviewing all of the emails I’ve received so far, I found 37 different concerns…

Recent “Water” posts

  • Our New Water Shortage Playbook
    PDF 📄Washington County is one of the hottest and driest regions in Utah, and one of the fastest growing. Because nearly all of our drinking water comes from the Virgin River basin, we are vulnerable to drought, climate change, and interruptions caused by infrastructure failures, earthquakes, or system repairs. To prepare for these challenges, the…
  • Water, Fairness, and Ivins: A Smart Take from Wayne Pennington
    PDF 📄Here’s an article by Wayne Pennington that I think you’ll appreciate. He’s running for City Council, and one of the many things I value about him is that he doesn’t just skim the surface, he does the homework. When the Washington County Water Conservancy District (WCWCD) released its draft drought plan, officially called the…
  • Shocked and Dismayed: Still No Drought Plan
    PDF 📄Back in April, the Washington County Water Conservancy District’s (WCWCD’s) Administrative Advisory Committee finally voted to recommend adoption of a Water Shortage Contingency Plan. That should have been the breakthrough moment. Instead, here we are in September, and now we’re told the plan may not be finalized until the end of 2025. That’s after…
  • My Take on Growth, Roads, Water, & More
    PDF 📄Robert MacFarlane, an Ivins resident who pays a lot of attention to local issues and hosts the 435 Podcast sent a questionnaire to all city council candidates in the county. I wrote detailed responses to all seven questions, but they were too big and blew up his online survey form. So I redid those responses as…
  • Closer To a Drought Plan?
    PDF 📄Today, the Washington County Water Conservancy District’s (WCWCD’s) Administrative Advisory Committee (AAC) voted to recommend adoption of a long-overdue Water Shortage Contingency Plan, but there’s a twist. (Download draft plan) (Download presentation explaining the plan) Collectively, they agreed that the action steps in the plan need to be modified, but individually it appears they…