In narrow vote, Ivins Council approves rezoning for project that includes short-term housing

IVINS — With a chamber packed with opponents of a developer’s plans for a mixed commercial, residential and resort project in eastern Ivins, the Ivins City Council narrowly approved a zoning change that will allow for the construction of the project that is planned to include short-term rental housing. 

Resident Lisa Gans speaks against a mixed residential and commercial development by SITLA and Rize Capital with other speakers lined up to speak behind her during the Ivins City Council meeting, Ivins, Utah, Sept. 1, 2022 | Photo by Chris Reed, St. George News

In a 3-2 vote, council members voted to rezone the “SITLA 120” land owned by the Utah School and Institutional Trust Lands Administration (SITLA) and being developed by Rize Capital from strictly low-density residental properties to a mix of residential, commercial and resort zones. 

All three of the council members who voted to approve the change to the 113-acre property at the corner of Puerto Drive and 400 South said their support was solidified by what they said was a compromise by the developer to reduce the number of short-term rentals and limit them to an area farthest from any other residential neighborhoods and separated by a flood plain and a planned western corridor parkway. 

“I’m not for them or against them – I’m just looking for the best use for the land,” council member Lance Anderson said. “They’ve come back with a really good compromise.”

The compromise was introduced during the meeting by Rize Capital and was not included in the agenda presented to the public prior to the meeting. Some of the residents who opposed the project expressed surprise at the developer’s compromise being considered by the council without a chance for the public to review it.

“We haven’t seen this,” said resident Sharon Gillespie, who added the terms to describe the developer’s plans have changed since they were introduced in May at the city’s Planning Commission meeting. “They use the term horizontal hotel to make it more palatable. Now it’s a resort hotel. These are short-term rentals.”

Gillespie, one of 13 residents who spoke at the public hearing with 12 speaking against it, presented data she said showed that increases in short-term rentals are detrimental for long-term renters and decrease the chance for people to afford other housing.

“An increase in short-term rental supply leads to higher rents and decreases affordable housing,” Gillespie said. “We don’t want to be another Santa Clara when it comes to short-term rentals.”

Council member Dennis Mehr said that argument, in particular, was enough for him to join council member Mike Scott as the two no votes to the zone change. This was despite what he said was his typical view to be hands-off when it comes to property owners. 

Council member Dennis Mehr during the Ivins City Council meeting, Ivins, Utah, Sept. 1, 2022 | Photo by Chris Reed, St. George News

“I don’t like the government deciding how they use their property,” Mehr said. “We should either approve or deny applications. I love the compromise.”

Mehr then deferred to the presentations of several residents, as well as a petition with more than 300 signatures against the development that was provided to the council. 

“It’s a beautiful thing that happened tonight,” he said. “It is a government by the people.  I appreciate (the) data brought, that it (the zone change) will increase the cost of housing and drive away families. We want more families here. We’re keeping families away. My view is – because of questions brought up – I’m voting nay.”

Mehr also noted the presence in the room of Santa Clara City Attorney Matt Ence, who was speaking for Rize Capital in his capacity as a private attorney. 

“Bringing a high-density project here is like saying we would cut down all the trees on Santa Clara Drive,” Mehr said. 

Also speaking on behalf of the project was St. George City Council member Gregg McArthur, who serves as a resource specialist for SITLA and came to the meeting late after attending his own. He said Rize – which is developing the land for SITLA that uses the sale of the land to fund the University of Utah – is developing the land responsibly. 

“SITLA picks good developers,” McArthur said. “These are very good developers. They will be open to work with you. I can vouch for them.”

However, resident Mike Cook told the council he felt the developer wasn’t giving ground ultimately on the biggest issue he said he had with the development: the short-term rentals. 

“On any night we may end up with more short-term transient residents than actual residents,” Cook said. “This a square peg you’re trying to get in a round hole. Don’t be the council that goes down in history as the one that didn’t listen to its constituents.”

A compromise map presented by developer Rize Capital projected on a screen at the Ivins City Council. The gray dotted line represents the future Jacob Hamblin Parkway/Western Corridor, Ivins, Utah, Sept. 1, 2022 | Photo by Chris Reed, St. George News

Council members who voted “yes” said that ultimately, SITLA will develop the land and the compromise by the developer is the best outcome that they said will have the least impact on the community. 

The compromise brought to the meeting by Rize Capital reduced the total number of homes to 400 to 500 from a previous total of 550. It moved all of the short-term rentals to one area to the east of both an empty flood plain as well as what will soon be a portion of the Jacob Hamblin Parkway, previously known as the Western Corridor. 

It also included a “buffer” of low-density residential zoning around commercial property and high-density residential zoning that could potentially include affordable housing. 

“The wash and Western Corridor is a natural boundary,” Rize Capital Chief Operating Officer Jerry Miyahara told the council. “We’re isolating the resort hotel and isolating short-term rentals in that area, which is half of our previous request. That was a big concession for us to make.”

Council member Adel Murphy said she appreciated the addition to the plan Thursday of what are called “residential-multiple” zones that allow for any type of residential property except motorhomes. 

“This is going to bring a variety of housing,” said Murphy, who voted in the affirmative with Anderson and council member Jenny Johnson. “We don’t have too many things that will bring a variety of housing. We have cookie cutters and mega-mansions. This is a good compromise.”

Copyright St. George News, SaintGeorgeUtah.com LLC, 2022, all rights reserved.

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