Community Meeting

Topic: Community Planning & Future Development

Date: September 13 & 16 (Wednesday and Saturday)

Time: 10:00 AM (doors open 9:45)

Place: Center for the Arts at Kayenta
881 Coyote Gulch Circle

**The two presentations may cover slightly different areas of information**

Building a Balanced Community (90 minutes)
Presentation and discussion will include the history of building our community starting with an initial land purchase in 1976. We will touch on milestones in growth then looking forward to the next chapter in the planning and development of Kayenta.

The complete and balanced vision for Kayenta includes residential neighborhoods with a mix of high, medium, and low densities as well as open space, recreational space, and resort/ commercial properties. Land use, planning, zoning, conditional use, etc. will be discussed and explored.

Learn how to get involved in supporting the Kayenta Concept and vision by offering creative ideas and viable solutions.

Kayenta resident Judith Kapuscinski is appointed the 2023 Heritage Days Parade Grand Marshal in appreciation of her contributions and service to Ivins City.

Copied in Part from Ivins City Resolution No. 2023-12, August 17, 2023

Ivins Mayor Chris Hart appoints Judith Kapuscinski as the 2023 Ivins City Heritage Days Grand Marshall.

Art has played a significant role in the development of Ivins City’s culture and brand. Its importance became increasingly evident as the Coyote Gulch Art Village took root and grew in Kayenta leading to the creation of the Kayenta Arts Foundation and eventually the Center for the Arts at Kayenta, a major performing arts venue in Ivins, joining the Tuacahn Center for the Arts in Padre Canyon that has brought millions of theatergoers to Ivins,.

Judith Kapuscinski became a resident of Ivins in 2008 and retired from her law practice in Rhode Island and Massachusetts in 2012. Almost upon her arrival, Judith became an advocate for and a patron of the arts devoting much of her time, energy, and professional skills in support of the arts in Ivins.

In May of 2015, Judith became a Co-Chair of the newly formed Ivins City Arts Master Plan Steering Committee where she served for a year drafting the first-ever Ivins City Arts Master Plan that was adopted by the Ivins City Council in April of 2016. Judith’s legal background and technical writing skills were invaluable in the creation of that plan.

Judith was subsequently appointed Co-Chair of the first Ivins City Arts Commission established by the new Arts Master Plan and eventually became its Chair in 2021 serving in that position until her term ended in March of 2022 having put in place all the pieces necessary for the Ivins City Arts Commission to remain a vibrant contributor to our community well into the future.

Under Judith’s leadership, the Ivins City Arts Commission with City Council approval initiated a number of arts-related initiatives and programs including an annual student art exhibit as part of our Heritage Days Celebration, equal distribution of RAP tax funding among arts, parks, and recreation, commitment of portions of the City’s annual RAP tax funding to Tuacahn, Kayenta Arts Foundation, and the Christmas Star to advance their programs within Ivins City, reviewing and recommending approval of the Ivins City entry signs design and locations, recommending the relocation of the Edward Hlavka sculpture to its current location in front of the new Ivins City Hall, and finally, researching, recommending and establishing an Art-On-Loan program in Ivins City to beautify our developing Arts Corridor.

As if that wasn’t enough “on the side” responsibility to shoulder, Judith also served as Chair of the Kayenta Arts Foundation (KAF) from December 2010 to January 2017. Under her direction, KAF built and paid for the magnificent Center for the Arts at Kayenta that as a performing arts venue has become a major attraction to both Ivins residents and visitors alike staging more than a hundred diverse musical and theatrical performances at the Center and in the community from 2010 through 2017. KAF with Judith at the helm also organized the annual Street Painting Festival and the Art in Kayenta Festival that draw hundreds of artists and thousands of art enthusiasts to Ivins each year.

Judith Kapuscinski’s contributions of her time, talents, energy, experience, and leadership are now manifest as indelible brush strokes on the emerging portrait of Ivins City as a center for the arts in its own right. Thank you, Judith, it’s a beautiful thing you’ve done.

August Ivins City Council Update

Mike Scott, Council Member

Groaning & Bemoaning Rezoning?

It’s okay to be against proposed land use or zoning changes. The city council can deny them. But they need to be convinced it’s more in the public interest to deny a proposed change than approve it. So, it is important to present good reasons for turning down the request.

Unfortunately, I have seen too many residents put in a lot of effort to provide excellent, well-reasoned comments at public hearings, but they missed the mark. So, here’s a way to think about proposed land use and zoning changes,

First, it’s important to look beyond the current zoning for the property. The “Zoning Districts Map” shows what is currently allowed on every property in the city. But, more importantly, the “Land Use Map” shows what the city anticipates as the ultimate use for the property. It’s the city’s vision and it is part of the General Plan.

Here are two examples. There was going to be a public hearing for them, but the applicant, Kayenta Development, took them off the agenda, at least for now. But they are still worth looking at as case studies to understand zoning issues better because they involve rezoning requests that completely fit, or mostly fit, the land use envisioned for the properties.

Example 1: A 98-acre parcel is zoned RA-5 (minimum 5-acre lots) and the applicant was asking for it to be zoned RE-37 (minimum 37,000 sq.ft. lots). The Land Use Map shows that the vision for the property is LDR, meaning low density residential. That use allows lots as small as 15,000 square feet.

Example 2: The applicant was also asking for a land use change on just over 31 acres from LDR (Low Density Residential) and HDR (High Density Residential) to RC (Resort Commercial) and then a zone change from RA-5 (5-acre lots) and RE-15 (15,000 sq.ft. lots) to RC. Most of this site already has a land use of “Commercial Resort” and that land use already allows RC. Only a small portion is LDR and HDR.

Okay, now let’s consider each of these potential issues: Density/upzoning, water availability, loss of open space and agricultural land, our city’s vision, vision changes, and court decisions.

Is Example 1 Upzoning?

I see a lot of references to this type of zoning change as “upzoning,” meaning increasing density. Well, on the surface changing the zoning from 5-acre lots to 37,000 square foot lots certainly looks like upzoning. In fact, dramatic upzoning, potentially creating nearly six times the housing density! But it isn’t upzoning.

Upzoning is an urban planning term for changing zoning to allow additional capacity for development that was not part of the city’s vision in its land use plan. The city’s vision for this land, shown on the Land Use Map, is “Low Density Residential.” That allows lots as small as 15,000 square feet. So, the proposed use is actually less dense than the land use would allow.

That makes this request “rezoning” not “upzoning.” In urban planning, rezoning is where the zoning change adheres to the land use anticipated in the city’s land use plan.

It sounds like I’m being nit-picky but I’m not. Using the wrong term misrepresents what is actually happening. We lose credibility arguing that this example is upzoning. That taints any other arguments we might make.

Is Example 2 Upzoning?

The requested zoning change is not increasing the anticipated density/intensity on most of the site, but it is increasing density on the LDR portion and at least intensity on the HDR portion. So, you can make the argument that this is “upzoning.” But only minimally since most of the land use on this site already allows RC.

Not Enough Water

We can’t say the proposed zoning should be denied because we have a water shortage. The state requires us to document that we have a water shortage and a plan to fix the problem within six months.

We get almost all our water from the Washington County Water Conservancy District, and they have not declared a water shortage. They are the source of our water, so they have to first declare a water shortage. They haven’t. I think that’s only because they are using the wrong model. See the article, “Is Our Glass Half Full?”

That doesn’t mean we shouldn’t bring up water issues at public meetings. We need to keep the issue front and center, hoping (maybe optimistically) elected officials in the county and throughout the state will finally get the message.

Water is our most vital “infrastructure.” And we’re dependent on others to ensure we have enough. But we have other infrastructure that we are in control of, like roads. So, it’s important to look at all of our infrastructure to see if it can handle a proposed rezone adequately, without unacceptable negative impacts.

Losing Open Space

On other zoning issues I’ve heard residents argue that because a proposed zoning change takes away open space or agricultural land it goes against the vision in our General Plan which values those. That’s true. Our General Plan is very clear about the importance of both. Plus, last fall’s General Plan Resident Survey shows that 70% of respondents are in favor of preserving agricultural land and almost 80% value open space. So that seems like a valid point.

But when we’re talking about private property, one of the only ways to preserve agricultural land and open space is to buy the land or at least buy the development rights or create conservation easements. It all costs money. And it all needs a willing seller. Many cities have done that through voter approved bond levies that cost taxpayers money. Good luck with that. “No more taxes” was a common comment in the General Plan Resident Survey.

Or, instead of the burden being entirely on the taxpayers, there are non-profits like the Nature Conservancy and other land trusts that could get involved. It would be great if a community group would look for this type of support. But you still need a willing seller. If a landowner wants to develop their land, they have that right.

Another option is to require some open space in the new development. But to do that without it being viewed as a “taking” by the courts, which is a big no-no, the city needs to give something to the developer in return. Most likely higher density. And that won’t necessarily work for all developers or sites. And a significant majority of respondents in the General Plan Resident Survey did not want higher density housing.

Has Our Vision Changed?

The Land Use Map represents our vision for the city. Generally, I believe land use should not be changed one property at a time. If it looks like a different land use may be appropriate, then we should take a fresh look at the General Plan and all the land uses in the city.

The point of the land use map is to identify how much of each land use is desirable and where. Changing a land use in one spot tips the balance. It results in more of one type of land use and less of another. Not quite the vision. So, has the vision changed?

Example 1 still seems to fit our vision for the city, since almost 80% of the respondents to the General Plan Resident Survey preferred low-density single-family development to any other use.

In Example 2, there are a lot of uses a developer can build in the RC zone, including resorts, hotels, and short-term rentals. Has the vision changed? Last fall’s General Plan Resident Survey suggests it has: Over 75% of the respondents do not want any more “tourist accommodations” of any type and over 80% don’t want more short-term rentals.

If the zone is changed to RC, then whoever owns the land will have the right to build tourist accommodations because that’s what our current City Code allows.

The Land Use Map also shows the vision included both low and high density residential for a portion of the property. Maybe it did and maybe it didn’t really. Areas designated for various land uses are approximate because they are not tied directly to individual parcels of property, unlike the zones on the zoning map which are specific to individual parcels. So, this example creates a question: Does changing everything to RC fit the vision or not?

And we need to ask two more questions: First, would denying a zoning change to RC be fair to the property owner who has been planning to develop tourist accommodations on this site for many years? Second, how much of a role should fairness play in any decision, and why?

What Courts Say

Land use and zoning changes are legislative decisions. Requests to change land use or zoning can be denied by city councils even if the request fits the city’s land use map. Here’s an example from an excellent book, “Ground Rules: Your Handbook to Utah Land Use Regulation” published by the Utah Land Use Institute.

Harmon’s applied to build a store in Draper. The site was zoned residential, but the city’s land use map showed the vision for the site was commercial. The city council denied the rezoning because they concluded the use was not compatible with nearby neighborhoods.

Harmon’s took the matter to District Court, lost, and then appealed to the Utah Court of Appeals and lost again. The court said that Harmon’s burden was not to show that the city council had no reason to deny their application, rather the burden was on Harmon’s to show that the city’s decision to preserve the status quo could not promote the general welfare.

The court also stated that the “public clamor” that occurred at the hearing could be appropriately cited as a factor in the council’s decision, even though the comments by residents were not based on specific facts or substantial evidence. A legislative decision is valid if it is reasonably debatable that the action could promote the general welfare of the community.

Keep It Simple

According to the Handbook, “The issues in all legislative decisions are similar. The question is, what is desirable? … Simply stated, zoning decisions are based on compatibility.”

You may wish things were different, but the Handbook also says, “Influencing legislative decisions can be frustrating. The city council need not explain their votes, need not provide any evidence to support their decisions…”

But don’t despair. It also says this, “The better option is to appeal to the decision-makers’ sense of what is fair, what is reasonable, and what is in the common interest.”

A Mosquito Can Fly, But A Fly Can’t Mosquito

In mid-August the Southwest Mosquito Abatement & Control District announced that West Nile Virus (WNV) has been detected in Washington County. This is the first time WNV has been found in our county in four years, and it arrived earlier than usual (typically late August through September/October).

This is nothing to be alarmed about. It’s just a reminder to take some precautions, especially from dusk to dawn (cover up, use repellent with DEET). However, the safest decision is to apply repellent whenever you are outdoors.

The District is continually testing and treating sites where mosquitoes are found. You can contact the District to get a service call if you have mosquitoes at www.swmosquito.org/service-request or call 435-627-0076.

Here are things you can do to reduce mosquitoes around your house:

Get rid of all standing water. Turn over or remove containers in your yard where water collects, such as potted plant trays, buckets, toys, etc. Clean out birdbaths and wading pools at least once a week. Remove standing water on tarps or flat roofs. Clean clogged rain gutters and downspouts. Repair leaky faucets and sprinklers.

Also, repair door and window screens if torn. Keep weeds and tall grass cut short; adult mosquitoes look for these shady places to rest during the hot daylight hours.

Note: Electric “bug zappers” do not help since they usually attract more mosquitoes than they kill.

The majority of people infected with WNV never develop symptoms. A small percentage of infected individuals will display symptoms (i.e., fever, headache, and body aches).

A more serious form of the disease, West Nile neuroinvasive illness, may also occur when the virus infects the central nervous system. People with this form of the disease experience high fever, severe headache, neck stiffness, and mental confusion. Hospitalization is often required, and death is possible.

More City Information

I try to keep these articles relatively concise. Not doing too well at that. It’s frustrating because there’s so much to discuss. So, please email me at Mike@MikeScott4Ivins.com for more information about these and other Ivins issues. Also, please tell me what issues in Ivins matter to you. Visit my website at www.MikeScott4Ivins.com  for regular updates and now you can also add your comments to my articles.

September 2023 Update

Taking action where fire danger is highest

With unprecedented wildfires making headlines worldwide, now is a critical time to reassess and reduce fire risk in Kayenta. As reported in the St. George News, during one week in May 2023 five brush/tamarisk fires were fought along the Virgin River, one threatening 100 structures. Very simply, with higher-than-usual temperatures, strong winds and plenty of fuel load, fire could sweep through Kayenta faster than you could imagine.

Fire Chief Andrew Parker of Santa Clara/Ivins Fire & Rescue, reports that “Fire risk is the most concerning in Kayenta of all the areas SC/Ivins Fire Department has responsibility for.”  In particular, fighting a fire in a wash filled with tamarisk—where the danger is highest, is extremely challenging. For these reasons, the Desert Preservation Initiative has announced that Cactus Gulch Wash, including the open space near Willow Springs, is the focus of its fall removal project. 

“Action is our friend,” says DPI President Chuck Warren. “Waiting will eventually deliver disaster in the form of fire.” Because tamarisk growing closest to homes poses the highest fire risk, DPI has identified what many recognize as the Labyrinth south wash as its #1 priority.

State fire officials predict that Utah’s wildfire season may start later this year, as the Salt Lake City Tribune reported in June, thanks in part to frequent storms passing over the state. But it could also be more intense. The season usually reaches its peak in July or August, but this year, the Unified Fire Authority is planning for a September peak. Thus, tackling the tamarisk where fire risk is highest is imperative.

Developer Terry Marten has met repeatedly with DPI officers and supports the Initiative’s work throughout Kayenta. He has granted permission for DPI to remove tamarisk from his properties, which encompass much of the dangerous tamarisk infestation in the Cactus Gulch wash area. Given the high-risk fire danger, Marten encourages homeowners in the area to support the effort because “a fire that starts anywhere is a danger to everyone. Fire risk reduction is a shared community responsibility.”

Willow Springs resident Ken White agrees. As a board member of the Kayenta Lakes Patio Homes HOA and treasurer of the Kayenta Desert Arboretum, White has been directly involved in both community affairs and preservation of the native landscape. He reports that all of his neighbors on Wisteria have given their approval to the project. As he says, “For those of us on the southern end of Wisteria Way, east side, our homes are close enough to extensive stands of tamarisk to present real danger from wildfire. I’ve been amazed by the enthusiasm and dedication of the DPI members, and the hard work they have already put in.  I will be on the front lines with them come October.”