Regular Meeting

Wednesday, January 14, 2015 6:00pm

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745


Present:  Chair Anna Andregg; Commissioners: Kelly Wilson, Hugh Howard, and Allen Bice; Staff:  Derek Imlay, Kyle Gubler, and Christy Ballard; Public: Richard Hirschi, John Valenti, Rich Murset, Doug Stewart, Rayn & Isaac Blair, Kortney Ahlstrom, Tristen


Commissioner Karl Benson and City Attorney Kevin Bennett have been excused.


I.             Call to Order:  Chair Anna Andregg called the meeting to order at 6:00pm.  The Invocation and Pledge of Allegiance was given by Hugh Howard.


II.          Election of Chair and Chair Pro Tem


Motion was made by Commissioner Kelly Wilson to re-elect Anna Andregg as Chair, second by Commissioner Hugh Howard.  Motion carried unanimously.


Motion was made by Commissioner Allen Bice to re-elect Karl Benson as Chair Pro Tem, second by Commissioner Kelly Wilson.  Motion carried unanimously.  


III.       Approval of Minutes: 

Commission may approve the minutes of the December 16, 2014 special meeting.


Motion was made by Commissioner Kelly Wilson to approve the December 16, 2014 special meeting minutes as written, second by Commissioner Hugh Howard.  Motion carried unanimously.


IV.        Approval of Agenda


              Motion was made by Commissioner Hugh Howard to approve the agenda as written,                    second by Commissioner Allen Bice.  Motion carried unanimously.


            Richard Hirschi mentioned Isaac Blair is here tonight working on his Boy Scout merit badge.


V.                 Reports:

1.      Beautification/Trails Committee-Commissioner Bice reported the dates for Dumpster Days has been set with one coming up in the next couple of weeks.  There was also a discussion of potential projects but nothing was decided on.

2.      Director of Operations- Derek reported approval was given by the City Council to go out for bid the 2015 Road Maintenance project.  The project will impact Riverwood Phases one and two and possibly North View Commercial, Spanish Gardens and Vintage Park.

                        Sunset View Estates has given the City all of the required paperwork.  It is under review and will then move on to the City Council for final approval.      


VI.              Business:

1.      Discussion and possible action on zoning, development and permitted uses in the Downtown area.

Commissioner Andregg explained the minutes from the last three meetings discussing this item have been included in the packet and the map showing those desired changes is on the wall. 

There was a recommended adjustment on the map to follow property lines where possible so people were not left with property they could do nothing with. 

Also included in the packet is the chart with all of the business they would like in the various zones.

One of the things not discussed and decided on was residential apartments, either owner/manager over the business or allowing multiple apartments over a business.  Not just an apartment complex in commercial but apartments above a business.


Kyle explained this is not allowed right not but there are a couple of businesses in La Verkin that do have an apartment above them.


Commissioner Bice said that there are some potential negatives to having apartments in a commercial zone.  It does change the flavor of the downtown area like garbage cans on the street Thursday morning or having children living in the apartments and not having any place for them to play.  He doesn’t have any strong objections to allowing it but he doesn’t feel La Verkin really needs it.


Derek explained when he first started residential was allowed in commercial and the Planning Commission became worried houses would burn up all of the commercial property, so they went to the extreme and residential is not allowed at all in any commercial zone. 

If residential is going to be allowed, what commercial zones will it be allowed in?

There has been talk of transitioning from commercial into residential which could be a possibility for this.


Kyle mentioned Commissioner Bice made a good point; perhaps the business will need a dumpster for the tenants of the apartment so the garbage cans won’t be on the road.  He also suggested allowing residential second story and higher so we don’t lose any commercial, which we need for taxes.


Commissioner Andregg thinks residential should be limited to General Commercial, not in the Tourist or the Down Town. 


Commissioner Bice pointed out density will also need to be decided on if multiple floors are allowed.


Parking would need to be addressed as well. 


Derek suggested if there is a higher density maybe there will need to be a requirement to put in an open space for kids to play.


Commissioner Howard feels it should be allowed with restrictions on things like trashcans, parking and density. 


Possibly require open space so children aren’t playing on the street.


Commissioner Wilson would be more inclined to see it off the back side than right on the street.


It was agreed to not allow residential in the Tourist Zone. 


Rich Murset-Passed out a paper to the Commissioners with reasons why he feels residential should be allowed in Commercial.

He lived on State Street in Hurricane and the trashcans are on the sidewalk.  The garbage truck still has to stop on State Street to collect the trash but that would be the same for a dumpster. 

Mr. Murset feels the reason La Verkin does not have much activity in the commercial zone is that it doesn’t make much economic sense.  The paper he passed out talks about some of those things.   The different zones really don’t matter if no one has the economic interest to do it.  People that have kids will likely look for places to live that isn’t on State Street.  It needs to be economically viable by adjusting the impact fees or something that would make it make sense to build.  If residential were allowed in commercial zones then people would start thinking bigger thoughts than they have been. 

He would like the Commissioners to look at the idea of allowing residential in commercial zones and sort out the details later.  Right now it is prohibited.  


Derek explained the details would need to be worked out now so there is a structure to follow. 


Mr. Murset would like to see it open for the possibility.


Commissioner Andregg said when the businesses were placed in the designated zones there were no specifics given other than the type of business allowed.  Would allowing residential in commercial zones require more stipulations than just allowing it?


Derek replied residence in commercial would.  Things like areas it would be allowed in, the height or depth of the property it would be allowed, density, issue with the trashcans, parking and open space, would all need to be worked out.

The map could be changed right now and then the Commission could look at other communities where this type of situation is allowed. 


Commissioner Wilson stated it is not a simple allow or not allow issue.  The “how” it is going to happen needs to be defined so that the City is protected and the property owners know what the requirements are. 


Commissioner Bice mentioned understanding why a business owner may want to live on location.  He did that very thing when he first opened his business.  However, he doesn’t feel La Verkin needs that, there is enough residential space.  He would be okay authorizing a business owner to live above his business but doesn’t feel apartments in commercial is a good idea. 


Kyle mentioned the problem he can see with that is if the owner ever wanted to move then what does he do with the apartment?


Rich Murset-pointed out most people don’t want multi-family housing in the residential zone and

La Verkin’s high-density zone is already built out so if there needs to be a place for someone to put higher density in, the lesser of two evils may be in a commercial zone instead of the residential established neighborhood.


Commissioner Andregg said she is not interested in having residential apartments in the commercial areas. 


Commissioner Wilson agreed with Commissioner Andregg.


Commissioner Howard said he is not opposed to allowing some type of residents, whether business owner or not.


Commissioner Bice is not opposed to the business owner living above the business.  It may improve the commercial area because people would have a vested interest in the area and there would be people there after hours. 

He does not think opening up the commercial to all residential would be in La Verkin’s best interest.


The Commissioners would like staff to find out more information, such as the pro’s and con’s, on how other smaller communities have dealt with living above businesses.


2.      Discussion and possible action to give approval for an Ordinance amending Title 10 of the La Verkin City Code, relative to Bed and Breakfast facilities and Vacation Rentals within the City of La Verkin and possible setting of a public hearing for February 11, 2015.

Kyle reported Kevin put this ordinance together based on past meeting discussions.  It can be changed.


The Commissioners liked the ordinance and would like to set the public hearing for February 11, 2015.


Motion was made by Commissioner Hugh Howard to give approval for the ordinance and set the public hearing for February 11, 2015, second by Commissioner Allen Bice.  Motion carried.        


VII.           Adjourn:


Motion was made by Commissioner Kelly Wilson to adjourn, second by Commissioner Hugh Howard.  Motion carried unanimously at 6:40pm.



Minutes taken on behalf of the City Recorder by Christy Ballard.

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