Regular Meeting

Wednesday, September 23, 2015 6:00pm

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

Present:  Chair Anna Andregg; Commissioners: Kelly Wilson, and Allen Bice; Staff:  Kyle Gubler, Derek Imlay, Kevin Bennett and Christy Ballard; Public: Richard Hirschi.


Karl Benson and Hugh Howard 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 Allen Bice.


II.          Approval of Minutes: 

Commission may approve the minutes of the August 12, 2015 regular meeting.

Motion was made by Commissioner Kelly Wilson to approve the August 12, 2015 regular meeting minutes as written, second by Commissioner Allen Bice.  Andregg-yes, Bice-yes, Wilson-yes.  Motion carried unanimously. 


III.       Approval of  the Agenda    

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


IV.              Reports:

1.      Beautification/Trails Committee-Kyle reported the State Street Clean-up project is Saturday, October 3rd.  The seven LDS wards, Bible Church and several of the youth homes are taking charge of the project.  This project coincides with the City’s Dumpster Days.   

2.      Director of Operations-Derek explained the Affordable Housing Plan was emailed to the Commissioners.  This has been mentioned at a previous meeting and will be on the next meeting’s agenda.  He asked the Commissioners to read over the Plan so it can be discussed. 


Kyle said there are comments in the Plan that go against what the majority of citizens reported in the survey that was sent out such as needing more affordable housing.  It was the consensus from staff and the majority of surveys that were returned that La Verkin has enough affordable housing.

This will be La Verkin’s official Affordable Housing Plan that will be submitted to the State. 


Commissioner Bice asked if there was a State requirement for affordable housing that needed to be met.


Kyle replied there is a suggested percentage and La Verkin has met that.


Kevin mentioned this is the affordable housing element of the General Plan.  If the Commissioners would like to change the Plan, now is the time. 


Kyle explained once the Planning Commission has reviewed the document it will go back to Five Counties Association of Governments for the changes to be made then it can either come back to the Planning Commission or move directly to the City Council. 


Derek suggested reading through the General Plan, just to make sure the Affordable Housing Plan will coincide.


Commissioner Andregg reported on the classes she attended at the League of Cities and Towns.  There were several classes on planning and zoning. 

Charter schools were discussed.  The amount of schools in the State, where they received their financing and they are permitted in all zones. 

The licensing of recovery properties was discussed.  She went over the fees and the rules that pertain to them.  They can go into any residential zone.      


Kyle mentioned the schools can locate wherever they would like and it has been an issue for some of our neighboring cities.  When a school decides to go in a residential zone the traffic increases, and the surrounding homes complain about the school bell going off multiple times a day.


Kevin pointed out the drop off zones and parking lots have different requirements than district schools and that is often an issue.

There is a bill that talks about making district schools and charter schools similar in that they both need to discuss with the planning commission where they plan to place the school.  There is not a lot that can be dictated to them but the bill does allow for some group planning to help guide them. 


Commissioner Andregg also attended the Future of our City infrastructure, doing more with less. 

There is a company that can put together a scale of how much money cities should have on hand for the maintenance and repair and how much the unfunded liability is verses what is already funded. 

            The Blue Angels discussed the importance of having resources and leadership figured out to the city’s advantage. 

            There was also a weapons simulator at the Sheriffs shooting range.  The local Sheriff’s office offers a citizen academy for anyone interested.

The pros and cons of the police body cameras were also discussed.                                         


Kyle mentioned public safety was a main topic at the convention.

There is also a concern with health care in the future if people don’t start living healthier. 


Richard Hirschi attended a class on water and by 2060 they predict Utah will double in population.  If that is true, there will not be enough water.

They are also concerned with the lack of new police officers.        

V.                 Business:

1.      Presentation, discussion, and possible action to set a public hearing for an ordinance amending the City Zoning Map of and for the City of La Verkin, rezoning property along SR 9 and SR17 and including a proposed Transition Zone, for October 14, 2015.

Kevin said he has drafted an ordinance for the Transitional Zone.  There are some blanks in the ordinance that the Commissioners need to fill in. 

The Transitional Zone will be a type of commercial zone.  The purpose of the zone is to provide a spectrum between what is allowed in a commercial zone with the strictly residential zone. 

He has taken the requirements for the R-1-10 zone, which allows duplexes as well as single-family homes, and coupled it with the softer requirements for a commercial.   

The current nuisance ordinance will be applicable to this zone.

The animal ordinance will need to be changed to include the Transition Zone, right now animals are allowed only in residential zones.

On page four, he had a question on the minimum lot size for items in number B and Item F 1a, self-storage facilities, on page five.

Large-scale congregate living facilities could be a group home or residential treatment center, etc. with more than eight residents.

The Inner-block cottage development may need to be separated from item B and have a larger minimum lot requirement put on it so the City doesn’t end up with a sub-standard subdivision. 


Derek explained Hillside Terrace needed to be a minimum of 5-acres to qualify as a PUD. 

A development like that would be required to put in an improved road and that would take away from the square footage.    


Page 4-Inner-block development, minimum of 3-acres

All others listed, minimum of 1-acre. 


Self-storage facilities on page five.  The current General Commercial zone requirement for this type of business is minimum ½ acre.


Commissioner Bice feels that is a good minimum for outside storage facilities but may be too big for the indoor, climate controlled self-storage facilities.


Kevin suggested allowing only inside structures with a fence. 


There was a discussion on whether or not a storage facility or a plant nursery/greenhouse would be considered a “low-impact” business and should even be in the Transition Zone. 


Kevin mentioned if a business doesn’t appear to be low impact the application could be denied and sent in for an interpretation.


Page 5-remove Self-storage facilities and small warehouses.


Page six number 2, minimum acreage for reception centers and funeral homes.  There is a time when those types of businesses are busy and times when they are slow. 

They both require a lot of parking at times.


Kyle mentioned the size of the business might be regulated by our parking requirement. 

After checking the Code, those businesses are not specifically listed.


Page 6-Mininum lot size will be ¾-acre for funeral homes and reception centers. 


Page seven deals with cell towers.  Kevin mentioned they were a big issue when they first came out but now they are located all over the place.  Cell towers are currently not addressed in our Code. 


Commissioner Wilson feels the only complaint citizens may have would be with the height of it.


Richard pointed out radio towers should fall into this category. 


Page 7-maximum allowed height for towers will be 35 feet.


Page nine section F deals with delivery/shipping times and delivery vehicle size. 

Kevin reported this specific item is not addressed in our Code. 

The Noise Ordinance restricts loud noises from 10pm-6am.


Kyle mentioned unloading of trucks might want to be addressed at this time. 

The regulations for the Transition Zone can be different from the Commercial Zone.  That will help regulate the type of businesses that go in the Transition Zone. 


Page 9-Delivery time will be 7am-7pm.  Vehicle size is 5 ton. 

Page 10- G. Will be the same as deliveries, 7am-7pm.

I.     5 feet from back of sidewalk. 

K. No building shall exceed 35 feet in height.  Kevin will look up the roofline percentage requirement for 35 foot high buildings.


Kevin explained Item J was included in case the Commissioners felt a setback was needed between zones. 

                J. will be removed.


Kevin asked if the Commissioners would like to make any changes to the proposed ordinance.


Page 8, Section A.  Commissioner Bice would like to remove the parking requirement.  The business should still have a required setback but he feels parking in that setback is okay. 


Kevin will remove the parking setback requirement. 


Commissioner Bice is happy with the ordinance.


Kevin will make the changes so the ordinance will be ready for a public hearing.       


Motion was made by Commissioner Allen Bice to set a public hearing for an ordinance amending the City Zoning Map of and for the City of La Verkin, rezoning property along SR 9 and SR 17 and including a proposed Transition Zone as amended, for October 14, 2015, second by Commissioner Kelly Wilson.  Wilson-yes, Andregg-yes, Bice-yes.  Motion carried unanimously. 


VI.              Adjourn:

Motion was made by Commissioner Kelly Wilson to adjourn, second by Commissioner Allen Bice.  Andregg-yes, Wilson-yes, Bice-yes.  Motion carried unanimously at 7:39pm.


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

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