Council approves rezoning for property owner Michelle Keelan subject to development agreement with lighting and noise limits

The Virgin Town Council on Jan. 21 approved a rezoning from rural‑residential to commercial for a parcel owned by applicant Michelle Keelan, contingent on a development agreement the applicant will prepare and the town attorney will review.

The council’s motion requires the development agreement to prohibit certain uses on the site — specifically hotels, motels, automobile service stations and food trucks — and to include standards the council said would reduce impacts on neighboring Desert Gardens and the town’s dark‑sky aims. Council members specified inclusion of dark‑sky‑compliant lighting, restrictions on light trespass and an enforceable noise‑decibel limit. Council also requested that, if outdoor entertainment occurs, any speakers or performance areas be located behind buildings rather than toward the highway to reduce highway noise impacts.

Traffic and safety concerns were raised repeatedly. One council member proposed conditioning the rezoning on installation of a stoplight, roundabout or other control at the SR‑9/Shee Bridge Road intersection; council discussion noted UDOT funding and project timelines make such infrastructure uncertain and that a traffic mitigation condition lacked the support of three council members needed to adopt it.

Applicant and planning commission

Planning Commission chair Darlene reported a split recommendation from the commission: 3 commissioners favored the proposal with conditions and 2 opposed or recommended different approaches. The applicant provided a draft development agreement and accepted the commission’s suggested limits on lodging and noise as part of the negotiation; councilors asked the applicant to revise the draft to include the lighting and noise terms and to resubmit to the town attorney.

Vote and next steps

The council approved the rezoning subject to the development agreement on a 3–2 roll‑call vote. The council instructed the applicant to return a revised development agreement reflecting the council’s conditions; the town attorney will review the document before the council considers final approval of the agreement.

Context

Council members divided on the broader policy question of how much lodging and commercial development the town should allow near the highway. Supporters of the rezoning argued the conditions protect neighbors and allow the applicant to proceed with limited commercial uses; opponents said preserving rural residential land and waiting for the town’s general‑plan updates would be preferable.

Provenance: The council motion and the roll call are recorded in the Jan. 21 meeting transcript; staff and the applicant will revise the development agreement and return it for attorney review and council final action.