Council approves several land-use items, accepts developer payment in lieu for trail

The Toquerville City Council on Monday approved a series of land-use items and financial agreements and tabled two staff items for later review.

The council unanimously approved a zone change application to rezone property at 1816 South Shangri La from MU-20 to AG-1 to bring the parcel into conformance with lot-size rules and a corresponding lot-line adjustment. Planning staff said the change corrects a nonconforming lot arrangement and aligns the parcel with the city's general plan designation as agricultural. A councilmember moved to approve the change and the motion carried.

Council members also approved a modification to the Firelight master planned development (MPD) — the site plan for Planning Area 11 — after planning commission review. Planning staff said the change updates the MPD’s exhibit C and confirms the developer’s commitments on trails, open space and buffering to adjacent R-1-20 lots.

The council approved an addendum to the Firelight Development Agreement that allows the developer to seek certain administrative land‑use approvals on the condition that title to the subject property be obtained within a specified lapse period. City staff and the city attorney said the addendum protects the city by making approvals conditional (a paper approval that does not vest until ownership is obtained) and by excluding land-use approvals that require fees to entities other than the city (for example, building permits or other third‑party impact fees). The council voted to adopt the addendum after clarifying that existing lapse periods in Title 10 would still apply and that the city could limit the permitted approvals if desired.

On an unrelated but consequential transaction, the council accepted a payment‑in‑lieu agreement with Satt Brothers totaling $191,438 to satisfy a developer obligation to construct a multiuse trail along the state highway frontage. City staff said the developer had offered the payment rather than building the segment; the council accepted the funds and directed they be held in a park-designated fund for future trail or park uses.

The council approved a refund of a conditional‑use application fee for Richard and Sarah Derek after staff determined the application was ineligible under the newly amended ordinance (the application required an existing house on the parcel and no house was present). The refund was granted after staff review.

Two items were tabled for later action: (1) the employee policy and procedures manual (staff requested more time to collect council questions and coordinate with outside counsel), and (2) a change order for Highway overlay/shouldering work (council asked staff to document where shoulder work was completed and to provide site verification before approving final payment).

Votes at a glance - Zone change for 1816 S. Shangri La (MU‑20 → AG‑1): approved (motion carried; roll‑call vote recorded) - Firelight MPD Planning Area 11 site-plan modification: approved (motion carried) - Addendum to Firelight Development Agreement (conditional administrative approvals; exclude third‑party fee items): approved (motion carried) - Payment in lieu — Satt Brothers — trail contribution $191,438: approved (motion carried) - Refund — conditional‑use application fee (Richard and Sarah Derek): approved (motion carried) - Employee manual (F2): tabled for further review - Change order #20 (highway shoulder/overlay): tabled pending site verification

The council did not record detailed roll‑call tallies for every vote in the public transcript; outcomes above reflect the motions and chair announcements recorded on the meeting record.