Regular Meeting

Wednesday, October 28, 2015 6:00pm

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745


Present:  Chair Anna Andregg; Commissioners: Sherman Howard, Hugh Howard, Allen Bice, and Karl Benson; Staff:  Kyle Gubler, Derek Imlay, Kevin Bennett and Christy Ballard; Public: Richard Hirschi and John Valenti.


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 September 23, 2015 regular meeting.


Motion was made by Commissioner Allen Bice to approve the September 23, 2015 regular meeting minutes as written, second by Commissioner Karl Benson.  Andregg-yes, Bice-yes, Sherman Howard-yes, Benson-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 Karl Benson.  Andregg-yes, Bice-yes, Benson-yes, Sherman                Howard-yes.  Motion carried unanimously.


IV.              Reports:

1.      Beautification/Trails Committee-Commissioner Bice reported there has not been a meeting.


Hugh Howard arrived at 6:02pm


2.      Director of Operations-Derek reported the irrigation water would be shut off for the season on Monday, November 16.  If December is unusually warm, the water will be put back in for a short time.  Citizens need to drain their lines for the winter.     


V.                 Business:

1.      Discussion and possible action to finalize the rezoning, and permitted uses in the proposed Down Town, General Commercial, Tourist, and Public Facilities Zones.

Commissioner Andregg explained these areas have been discussed several times over the last couple of years and in the packet is a list of different types of businesses and what zones the Commissioners decided to place them in. 

There is also a map depicting the different areas.


Kevin explained there are still areas that are blank that need to be filled in and some items don’t appear to be complete. 

On page 1 Automotive service establishments are not listed in tourist zones but convenience stores are.  Most hotels have a convenience store around them and most convenience stores have gas pumps attached to them.


Commissioner Bice would like to separate gasoline stations out of that group and allow them in the Tourist Zone, leaving the remaining items as marked. 


It was decided to allow gasoline stations that are part of a convenience store in all zones. 


Page 3: The first three items have nothing marked, are they not allowed at all.

Commissioner Andregg wondered if the first item was a continuation from page 2. 


Kevin suggested adding public parks (item 5) to all of the zones.  We currently have parks in residential zones. 

When a park does go in the zone does not automatically change to PFZ, it has to be officially changed.


The Commissioners agreed with that suggested change.


Kevin pointed out item 8 does not have any marks but the blank like above it does, he assumes those marks are intended to be down one line.  If that is the case, he questioned allowing banquet halls and receptions centers in a Light Industrial Zone.


Commissioner Bice commented removing those types of business from LI is a good idea. 


Item one, page 3-There was a discussion on what the item means and if it should even be included. 

Does it allow the Planning Commission to determine if a type of business not listed is similar to and in harmony with a particular zone?


Kevin talked about using a Form Based Code instead of listing each business type. 


The Commissioners decided to remove item one on page 3.


Item three, page 3-This type of business was included in the Transition Zone. 

The sentence has been left unfinished.


Item two, page 3-Beauty shops are allowed in Residential Zone and Transition Zones.  The laundry mat shouldn’t be. 


This item will be included only in GC.


Kevin asked what the Commissioners envisioned for the Down Town Zone.


Commissioner Bice said he thought they were working toward a walkable and while not tailoring exclusively to tourist, a zone geared toward attracting tourists. 


Commissioner Andregg pointed out most of the property in that proposed zone is smaller parcels; there are still some large ones, but not many.


Commissioner Benson feels the layout appears to be more like a large strip mall, not walkable. 


Commissioner Andregg mentioned they were trying to get away from the entire down town being an asphalt parking lot.


Commissioner Bice stated the Planning Commission is trying to create the different areas the way they envision them with these zone changes.  It may be the business market doesn’t go the way the Commissioners have envisioned and the zones will need to be changed again in several years.  But they are at least giving the City some direction.   


Item three, page 3-Commssioner Bice would like to see them in the Transitional Zone only.  It keeps the children safer, gets them off State Street and the Transition Zone is the largest zone. 


The Commissioners agreed.


Item eight, page 3-Remove the item from LI but keep in the other areas. 


Kevin asked about the Special Provisions list on page 5.  He wondered if the provisions covered all zones. 

On page 6, the sentence under Ancillary stops mid-sentence.      


Commissioner Bice asked about the regulations for sandwich board type signs. 


Derek replied they are allowed as temporary 30-day or special occasion only signs.  This help keeps the sidewalks clear. 

The sign ordinance is a “stand alone” ordinance and is not affected by zone changes. 


Kevin will need to know the intent of pages 5 & 6 before he can write an ordinance that incorporates them. 

He did mention he could write an ordinance to propose to the Commissioners but it would take longer than two weeks. 


Commissioner Andregg thought page 5 was meant to be an addendum for businesses in each zone.  The last four items reference the Code dealing with that particular issue and everything else falls under the first two items.    


Derek suggested removing page 5.  The parking and signage are covered in other areas of the Code. 

The Commissioners can re-visit the sign ordnance later to make changes if they would like. 


The Commissioners agreed to remove page 5. 


Page 6-Derek suggested removing page 6. 


The Commissioner’s agreed.


Kevin asked if the proposed map is okay.


The Commissioners are okay with the proposed map.


Kevin will try to put an ordinance together with the information the Commissioners have discussed.


2.      Discussion and possible action to recommend approval on the 2015 Affordable Housing Plan.

Commissioner Andregg explained this was given to the Commissioners at the last meeting.


Kyle will send the proposed changes to Five County Association.  They created this plan.


Commissioner Andregg had several changes she would like to see made to the document.  She will give her list to Kyle.


Kyle said the report implies multiple times that the residents of La Verkin see the need for affordable housing in our area.  He feels that is not the general consensus of the Planning Commission and the City Council, who feel La Verkin has enough affordable housing. 

Certain parts of the Plan come from the survey they sent out and cannot be changed. 


Commissioner Hugh Howard pointed out the Plan lists the same things Interstate Rock was asking for and the Planning Commission did not approve. 


Kevin explained the Plan focuses on rent and seems nonsensical.  Utah doesn’t have rent control, we can’t control how much a person charges for rent.  It appears they are trying to force apartment complexes or condominium conversions.


Commissioner Benson said he doesn’t feel the Plan coincides with the direction the Planning Commission has been going the last several years. 


Kevin mentioned the Plan copies the State Code, which is fine for large cities but does not apply to a city our size.


Commissioner Bice pointed out the Plan states 78% of La Verkin’s population is below the area median income.  He would like to see us right at the area median income with 50% of our population above and 50% below. 

It doesn’t make sense with the current percentage where it’s at to make it any lower.


Kevin pointed out that the area the Plan would like to build the rental housing in is called the “infield” and that area is at the intersection of SR9 & SR17, right where the Planning Commission is trying to put the downtown area.  The Plan specifically states that area is for jobs but then it says the jobs are not in this community but in St. George.  Why would we want to put high density housing there if the jobs are still 25 miles away.

We are required by the law to have an Affordable Housing Plan submitted every five years.


Kyle reported we have gone over the five years but were granted an extension because Five County is working on the Plan. 

Once they have completed it, Five County Association will present it to the City Council and then it will be submitted to the State.


Commissioner Hugh Howard is not in favor of the proposed plan.


Commissioners Bice and Andregg gave Kyle a list of items they would like changed in the Plan. 


Commissioner Benson mentioned if the population predictions are correct and the City will need  530 more homes in the next 10 years, we need to decide what kind of houses we would like them to be.     


Kevin stated the Plan is very specific on its recommendations.  Once the Plan is adopted it becomes the legal basis of the General Plan and several things in it go against what we currently have.

The Commissioners need to decide if they want to change our current ordinances.                                    


3.      Discussion and possible action to move the November Planning Commission meeting from Wednesday, November 11, 2015 to Tuesday, November 10, 2015.

         The Commissioners were in favor of that change.                         


VI.              Adjourn:

Motion was made by Commissioner Hugh Howard to adjourn, second by Commissioner Allen Bice.  Andregg-yes, Sherman Howard-yes, Hugh Howard-yes, Bice-yes, Benson-yes.    Motion carried unanimously at 7:07pm.



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

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