Regular Meeting

Wednesday, February 11, 2015 6:00pm

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745


Present:  Chair Anna Andregg; Commissioners: Kelly Wilson, Hugh Howard, Karl Benson and Allen Bice; Staff:  Derek Imlay, Kyle Gubler, Kevin Bennett and Christy Ballard; Public: Richard Hirschi, John & Rose Valenti, Kortney Ahlstrom and Luis Lundin.


I.             Call to Order:  Chair Anna Andregg called the meeting to order at 6:02pm.  The Invocation and Pledge of Allegiance was given by Kyle Gubler.


II.          Approval of Minutes: 

Commission may approve the minutes of the January 14, 2015 regular meeting.


Motion was made by Commissioner Hugh Howard to approve the January 14, 2015 regular meeting minutes as written, second by Commissioner Allen Bice.  Motion carried unanimously.


III.       Approval of Agenda


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


IV.              Reports:

1.      Beautification/Trails Committee-Commissioner Bice reported Arbor Day will be in April.  The 4th graders from La Verkin Elementary School will be planning trees in conjunction   with Tree City USA.  In May the 5th graders will be white washing the “L”.  The dates for Dumpster Days have been set. 

2.      Director of Operations- Derek reported the irrigation water will be back in March 2nd to flush the system and fix any breaks so by March 15th is should be ready to go.

The bid opening for the 2015 Road Maintenance project was February 10th.  The project will affect Riverwood Phases 1 and 2, North View Commercial and Spanish Gardens.  The project is scheduled to start the first or second week in March.

Interstate Rock got the bid for the State Street project and should be starting the end of March.   

     V.                 Public Hearing:

1.      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.

Commissioner Andregg reported this would allow people, with a business license, to rent out their house or apartment for 29 days at a time, maximum.   This has been discussed in previous meetings.


Kevin reported Bed and Breakfasts are currently allowed in some zones, this ordinance will allow them and vacation homes in designated zones.  The maintenance and operations will follow the same Code as the hotels. 


The public hearing opened at 6:09pm.


Luis Lundin is interested in the vacation rental idea.  He came to the meeting tonight to find out if anyone in the community had anything negative to say about allowing them.  He is in favor of allowing them.


Public hearing closed at 6:10pm


VI.              Business:

1.      Discussion and possible action to recommend 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.

The Commissioners were all in favor of the ordinance.


Motion was made by Commissioner Allen Bice to recommend 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 to the City Council with a positive recommendation, second by Commissioner Kelly Wilson.  Motion carried unanimously.


2.      Discussion and possible action on owner/operator apartments in commercial zones.

Commissioner Andregg read a letter into the minutes written by Debi Groves (see exhibit A).


Commissioner Andregg wondered about including 24-hour businesses and not just the owner/operator apartments.  That would allow apartments in the General Commercial and possibly the Tourist zones, for mortuaries, storage facilities and vet or care clinics.


Kevin mentioned he appreciated Mrs. Groves’ letter, it summed up the Commissioners concerns.  At one point in his life, he was worried about being able to afford rent for his private practice and providing for his family.  Businesses coming to La Verkin will be more the “mom and pop” type businesses and that is a real obstacle.   

Last week one of the Legislators was proposing a bill that would take away the city’s ability to regulate home occupations (it has been put on hold).  If it’s too hard to have a business in the downtown area, people may start their business in their home and then if the State comes in and doesn’t allow us to regulate home businesses we may be dealing with commercial entities in our neighborhoods. 

He does not feel commercial should be another term for multi-dwelling housing but he does feel it could be a good place for anything that is commercial such as vacation villages or homes or cabins. 

He is in favor of allowing owner/operator apartments mentioning it does make La Verkin more business friendly.


Included in the packet is the information from different cities Kyle had contacted about this item. 

Most of the cities did allow them with different regulations. 


Kevin included in the packet information on Form Based Codes.  One of the cities responded to that in Kyle’s packet stating it was difficult.  After looking further into it, Kevin agrees saying, at this point, the concepts are better than the implementation.  The Commissioners never decided one way or the other when the idea was first presented but he included it in the packet in case we wanted to use some of the concepts.

The article on Gateway deals with what can happen when a developer puts in something that can be replicated somewhere else.  When the Commissioners put together their vision for the Down Town area it needs to represent La Verkin and not be just another development that can be copied across the River and everyone moves to the new buildings, leaving us with vacant commercial spaces with residential above it.


Kevin left the meeting at 6:27pm


Commissioner Benson said the way the town was developed and the way the commercial zones are locked in with residential areas on both sides, there is very little depth off the street for commercial areas to exist and develop.  He feels they will most likely have to go upward for this to exist in the commercial area.  Many communities have the multi-use zones with businesses on the first floor and residents on upper floors. 

As Kevin was talking about the vision for La Verkin, Commissioner Benson feels it has developed into a strip mall and that is the direction it’s going to continue moving, unless we can change some residential into commercial. 


Derek passed out two additional maps.  Map number 3 has four parcels with yellow dots.  Commissioner Andregg felt they would work best with the flex plan, having duplexes or townhouses integrating into residential from commercial.


Commissioner Benson mentioned it wouldn’t hurt to have an increase in density along State Street to get more foot traffic.  That may help the businesses. 


Commissioner Wilson said after hearing Mrs. Groves’ letter he doesn’t see any reason to not allow owner/operator apartments. 


Commissioner Andregg asked if the Commissioners felt they needed to designate the types of businesses allowed to have the apartments.


Commissioner Bice doesn’t feel the Planning Commission needs to limit it, the nature of the business will do that.

He also feels La Verkin is a long way away from becoming a big city and doesn’t feel it needs to be planned and zoned for that.  Unless the top side is developed, La Verkin will be a small town for the foreseeable future. 

He does appreciate the work Kyle did and likes how Washington City handles it and feels it fits our situation the best, but is not in favor of conditional uses and feels we should try to avoid that.

He is in favor of allowing owner apartments.  He also does not think the apartment should be required to access from inside the business and does feel it needs to be limited to owner/manager apartments. 


Commissioner Howard is in favor of allowing them.


Derek said La Verkin has tried to get away from conditional uses, so it either needs to be a permitted use or not.                                            


Commissioner Benson and Commissioner Wilson both agreed.


Commissioner Andregg stated the Commissioners are all in favor and asked if the next step is drafting the   



Commissioner Andregg mentioned Derek changed the maps from last meeting.  One was included in the packet and the other two were given to the Commissioners at the beginning of the meeting. 


Commissioner Howard would like to have the option of putting a subdivision onto the back half of his property and leaving the front 200 square feet along State Street commercial. 


Derek will make those changes.


Commissioner Andregg asked how the Commissioners felt with the flex zone (multi-use) on the areas with the dots (map 3).  She feels it would be a good place for apartments or town houses because it is in walking distance of the commercial area. It would be a transition zone from commercial to residential. 


It would be a good zone for property owners.  They could do commercial or residential.  The Commissioners would need to come up with regulations for this zone because it is a zone La Verkin doesn’t currently have. 


Kyle mentioned having this type of zone might affect the property tax. 

Commercial property has a higher property tax and is better from the City’s standpoint. 


Derek mentioned staff can look into transitional type settings, like Kyle did for the owner/operator apartments, and bring the information back to get the Commissioners moving in that direction.


Commissioner Andregg directed staff to gather that information. 


3.      Discussion and possible action to move the March Planning Commission meeting from March 11, 2015 to March 25, 2015.

Commissioner Andregg stated March 11th is during Spring Break.


All of the Commissioners will be available on the 11th and staff will be available, with the exception of Kevin Bennett.

Commissioner Benson is not available on the 25th.   


The next Planning Commission meeting will still be on March 11, 2015.  


VII.           Adjourn:


Motion was made by Commissioner Hugh Howard to adjourn, second by Commissioner Kelly Wilson.  Motion carried unanimously at 6:49pm.



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

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