Planning commission recommends approval of Jeffrey Thomas nightly rental with HOA notification condition

The Toquerville Planning Commission voted on a recommendation to City Council to approve a nightly rental application submitted by Jeffrey Thomas for a casita on a property zoned R‑1‑20.

The commission’s recommendation, passed by voice vote, conditions approval on the applicant including a clear map in his guest materials showing which parks and trails are private HOA property and which are public.

The recommendation matters to neighborhood residents because the property is inside or adjacent to the Cholla Creek area, which includes a homeowners association that maintains a private park and trails. Dale Rasmussen, representing the Cholla Creek HOA, told the commission, “We pride ourselves in maintaining our community, being very open and very family friendly,” and asked the commission not to approve an Airbnb in that part of the neighborhood.

Planning and Zoning Administrator Emily said the application met the ordinance requirements: the submittal was complete; the unit passed a fire safety inspection; parking met the local standard of four 9-by-18-foot stalls (the site shows at least five stalls, two of which must be designated for the nightly rental); the structure is permanent and attached at the roofline to the main dwelling; and the proposed unit is not within 500 feet of another permitted nightly rental. Emily described the unit as “a casita with a breezeway” attached to the main house.

Multiple nearby residents raised safety and neighborhood character concerns during the public hearing. Gail Fitzpatrick, a member of the HOA board and a resident within 300 feet of the property, said the home’s exterior and landscaping were not complete and expressed concern about public access to the HOA’s maintained park and creek. Jack Alexander, who lives near a bridge that connects to adjacent Trail Ridge, said nonresident visitors have increased trash and unleashed dogs on the private trail. Melissa James, who lives near the subdivision entrance, raised concerns about vehicle speeds and the safety of an autistic child who has repeatedly eluded caregivers.

Jeffrey Thomas, the applicant, told the commission the nightly rental would be limited to the casita—“a studio casita” with an intended small occupancy—and said he planned no pets and that the unit would be managed on-site. He said the permit would help the family finish remodel work and that his intent was not to create a party house. He also said he had already spoken with immediate neighbors.

Commission discussion noted that the city’s ordinance limits nightly rentals and that the planning commission must apply the ordinance’s standards. One commissioner suggested the guest materials map as a condition to reduce confusion about HOA-private areas versus public parks; the commission added that condition to its recommendation.

The commission’s action was a recommendation to the City Council; it does not authorize operation. The City Council will review the application and either approve, deny, or add conditions. The commission noted that a separate variance or separate permit would be required for any different configuration (for example, converting the primary residence to a nightly rental while living in the casita would require a separate application).