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Council approves Firelight MPDO modification for Planning Area 6 with condition to update development agreement
Summary
Council approved the site plan and MPDO modification for Planning Area 6 in Firelight, conditionally requiring an amendment to the development agreement to replace Exhibit C with the updated ERU distribution chart and to track future density transfers.
The Toquerville City Council voted July 1 to approve the modification application and site plan for Residential Planning Area 6 within the Firelight Mixed-Use Planned Development Overlay (MPDO), while requiring an amendment to the development agreement to update Exhibit C with a current density (ERU) distribution chart.
Applicant and staff discussion at the meeting centered on whether the city should start from the original Exhibit C baseline in the development agreement or accept a new, updated distribution as the working baseline. Applicant representative Kayla and staff participants described the proposed chart as a more accurate reflection of the current intended distribution of equivalent residential units (ERUs) and requested the council's direction on whether that chart should replace Exhibit C or serve as an annotated working sheet with plus/minus columns for future transfers.
"I think it would be better to start with Exhibit C and then show pluses or minuses when you change it," one council member said during the discussion. Kayla said the applicant could include plus/minus columns on the spreadsheet so future site-plan submittals clearly show where ERUs are moved from and to.
Council and staff discussed recording the change as an amendment that "amends and supersedes" the original Exhibit C in the development agreement and recording the amendment separately so future users of the county records can track changes. Planning staff Emily confirmed the amendment could be recorded separately as "Amendment 1 to the development agreement," with the original Exhibit C remaining in the agreement but superseded by the new exhibit.
The council also discussed bonus-density allocations tied to park and amenity standards, noting that the city and applicant should document expected bonus-density values (for features such as pickleball courts or splash pads) as nonbinding guidance so future site plans are easier to evaluate. Kayla said the applicant would bring amenity, trail, and map materials with each future submittal.
A motion to approve the MPDO modification and site plan for Planning Area 6 passed on the condition that the development agreement be amended to replace or update Exhibit C with the new density-distribution chart; council members voted in favor.
