Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Drainage Easement And Liability topic
No spam. Unsubscribe anytime.
Commission approves KAVASA Phase 3 preliminary plan with condition for city‑attorney review of wash easement language
Summary
Ivins planners approved the KAVASA Phase 3 amended preliminary plan (KAVASA Drive / Kalava Trail) but asked that the city attorney review easement language and potential liability concerning a drainage/wash easement before final plat recordation.
The Ivins City Planning Commission on April 29 approved the KAVASA Phase 3 amended preliminary plan, for property near KAVASA Drive and Kalava Trail, while adding a condition that the city attorney review easement language and potential liability related to a drainage/wash easement.
Staff reported the application was complete and that the Technical Review Committee required updated phasing numbers and installation of the Kalava Trail segment as part of the development. Mike (Kuma Engineering) and RT Martin (developer) described the project as consistent with existing Kayenta subdivisions: public streets, utilities, and natural lots where many lots will remain ungraded until building permits are pursued.
A substantial portion of this item’s discussion centered on a drainage easement that follows the FEMA‑mapped wash across the rear of several lots. Commissioners and several speakers asked how future maintenance, access and liability would be handled if the wash required work, and whether the easement should be an access easement, a drainage easement, or both. Staff said the easement is intended to follow FEMA mapping so the city or a designated party can access the wash for necessary work in the future; staff also said the final plat will establish the easement and that notes can be added to clarify access and maintenance expectations for the purchaser.
Commissioners raised concerns about fire risk in washes and potential insurance impacts, and asked for explicit final‑plat notes that inform future owners of the wash, the easement, and the limits on altering natural drainage. Commissioner Clifford moved to approve the preliminary plan conditioned on review and concurrence by the Ivins City attorney about the easement wording and any liability implications; the motion passed unanimously: Commissioner Waite — aye; Commissioner Robinson — aye; Commissioner Brown — aye; Commissioner Clifford — aye; Chair — aye.
Staff and applicant will address TRC comments, add the required trail note on Kalava Trail, and update phasing and final‑plat easement language before proceeding to final plat.
