Regular Meeting

Wednesday, June 8, 2016 6:00pm

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745


Present:  Chair Pro Tem Allen Bice; Commissioners: Hugh Howard and Gary McKell; Staff:  Kyle Gubler, Derek Imlay and Christy Ballard; Public: Richard Hirschi, Jeff Wright and John Valenti.


Chair Anna Andregg, Commissioners Sherman Howard and Karl Benson have been excused.


I.             Call to Order:  Chair Pro Tem Allen Bice called the meeting to order at 6:02pm.  The Invocation and Pledge of Allegiance was given by Hugh Howard.


II.          Approval of Minutes: 

Commission may approve the minutes of the May 11, 2016 regular meeting.


Motion was made by Commissioner Hugh Howard to approve the May 11, 2016 regular meeting minutes as written, second by Commissioner Gary McKell.  Bice-yes, Hugh Howard-yes, McKell-yes.  Motion carried unanimously. 


III.       Approval of  the Agenda    


Motion was made by Commissioner Gary McKell to approve the agenda as written,  second by Commissioner Hugh Howard.  Bice-yes, Hugh Howard-yes, McKell-yes.   Motion carried unanimously.


IV.              Reports:

1.      Beautification/Trails Committee-Kyle reported the next City events are the Fourth of July and the Twenty Fourth of July.  The Committee is planning a Water Day for La Verkin City.  Kyle has contacted the Fire Department to see if they could bring a fire truck and a company called Slide the City to see if they would like to come.

The State Street Clean-up project will be in October. 

Friday, July 15 will be a Movie in the Park. 

There was also a report on the hike Commissioner Bice took the Committee on.  The Committee liked the hike, they are working on getting some money to improve the trail and make it safer.  They would also like to find a way to connect the overlook trail with it.      

2.      Director of Operations-Nothing to report.                                                    

3.      City Council-Councilman Hirschi reported the budget and the budget amendment were both approved at the last meeting.


V.                 Public Hearing:

1.      Proposed lot split of property with the Tax ID # LV-132, located directly south of Davis Farmers Market on SR 9.

The public hearing opened at 6:08pm


Jeff Wright-He lives at 170 W 380 N and will be directly impacted by this land involvement.  It is his understanding that there has been a split on the property directly north of 170 West.  He is curious how this will affect the intersection of 170 W and 380 N.  Jeff has 10-feet of property on 170 W.  He would like to know if it would become an access for the back piece of property or just remain a utility access.  He only received a letter, there was no map indicating the changes.  


Kyle explained the proposed split would not affect any property in Stowell’s subdivision other than bordering it.  The properties will be accessed off SR9 and 500 North.


Jeff said 170 West has already been a sore point with him because of the illegal activities that the La Verkin Police Department and other various entities like the drug task force have been involved in. 

As a property owner, Jeff felt it is his responsibility to do his due diligence and get a clear understanding of what is going on.  He asked about the pressurized irrigation line that runs through that property and what was going to be put on the property. 


Kyle replied the irrigation lines would stay where they are and the City was unsure of what the owner was going to do with the property.  Staff heard he was going to use it for parking for his Zion tour vehicles. 


The property is zoned Commercial. 


The public hearing closed at 6:13pm.                

VI.              Business:

1.      Discussion and possible action to recommend approval on the preliminary and final plats for a lot split of property with the Tax ID # LV-132, located directly south of Davis Farmers Market on SR 9.

Motion was made by Commissioner Gary McKell to recommend approval on the preliminary and final plats for a lot split of property with the Tax ID #LV-132, located directly south of Davis Farmers Market on SR9, second by Commissioner Hugh Howard.  Bice-yes, Hugh Howard-yes, McKell-yes.  Motion carried unanimously. 


2.      Presentation and discussion on an ordinance amending the zoning code and the zoning map of and for the City of La Verkin, making minor clarifications in the Tourist/Resort Commercial Zone, and establishing or revising the boundaries of the existing commercial zones in the City.

Derek explained these items were part of the public hearing for the Transition Zone.  There were no negative comments made to this portion of the ordinance. 

This ordinance will place the existing car lot in the proper zone as well as clarify some of the language in the Tourist/Resort Commercial Zone and revise the boundaries of the existing commercial zones to include the changes Commissioner Howard would like for his property.  If the Commissioners wish to move forward with this new plan, staff will advertise it to the public. 

The Transition Zone will be revisited at another time.


Kevin said the changes to the language are to clarify what could be sold or rented in the Tourist Zone.  It will also adjust the boundaries in the areas already zoned commercial. 

It does not do anything with the Transition Zone or with the property along 480 South.


The Commissioners agreed to move forward.


Commissioner Bice has looked into the surrounding communities and the larger communities all seem to have a transitional zone theory. 

He is still interested in some type of transition zone. 


Jeff Wright­-mentioned on the corner of 380 North and SR9 there is a residential lot south of Mad Nutz Motors that has become a storage lot for the business.  He wondered if that was an approved use.  It looks trashy.  There is a lot of property for sale in that area and it is getting harder to sell.  His property value is diminishing.    


Derek replied the only commercial piece in that area is the Mad Nutz Motors building.  It has had a business there for years, which is why it is approved.


Kyle suggested Mr. Wright come into the City office and file a complaint.  If it is against the City Code, the issue can be addressed.     


3.      Discussion and input regarding the proposed update to the Affordable Housing element of the General Plan. 

Kyle explained the highlighted areas are what the Commissioners wanted to change when this Plan was first presented to them.  Five Counties was supposed to make the changes but the man handling the Affordable Housing Plan has quit so it was given back to the City to make those changes. 

According to Five Counties, this report can say what the Commissioners would like it to say. 


Kyle began reading the highlighted areas on the Affordable Housing Plan.


Commissioner Bice said he did read the Plan and according to his calculations, La Verkin already has 76% of its population under the median income for the County.  The existing residents absorb the cost of everything waived for additional lower income housing.  He feels once La Verkin gets to the median income range then we should look into providing more affordable housing for low-income residents. 

Commissioner Bice mentioned he is okay with Habitat for Humanity type projects but not the programs that waive fees.  That money doesn’t just go away, it just shifts from new residents to existing residents.    


Kyle explained the City does have to adopt an Affordable Housing Plan and pointed out

La Verkin does qualify as a Low to Moderate Community so Commissioner Bice’s calculation is accurate.    


Page Three:

Paragraph 3-The first sentence will be removed. 

Paragraph 4-The last sentence will be removed. 

Paragraph 5-Change “is needed” to” maybe appropriate”.

Paragraph 6-Remove last sentence.

Bullet point1-“Increase Opportunities for Low to Moderate Income Households to Purchase Affordable Housing by promoting housing assistance programs.”  Removing everything after that. 


Page Four:

Bullet point 1-Remove “considering allowing for the establishment of accessory dwelling units”

Bullet point 2-change to “program and considering incentive programs.”

Second paragraph under Introduction-“Low to moderate income housing should not be discouraged in order to allow persons”.


Page Five:

Bullet point 1-Leave in.

Bullet point 2-It is not highlighted but the Commissioner’s would like to remove it.


Jeff Wright-Most properties that are presently lived in are considered single-family properties, right.  So the variance as far as improving and expanding them is already blocked by obtaining a license or encroachment of a single-family dwelling.  Is that a fair statement?  If it is based on specific lot size, he doesn’t understand what this is all about because zoning is zoning.  A person can only put so many things on their property.

He has property that he has a trailer on that he rents out to help people.  Apparently, by what the Commissioners are saying, that is not permissible regardless of the tax base that might generate for the common good.   


Kyle stated there are single-family residents and multifamily residents. 

It is against the Code to rent out a trailer that is parked on the same property as your residence. 


Mr. Wright stated there might need to be a variance to create a common goal for the common good with control measures. 

You are talking about low income housing and trying to increase the tax base.  He doesn’t know if a variance is even pliable, he is just brainstorming. 


 Bullet point 2 under Community Survey-Remove entire thing.


Jeff Wright-Isn’t there a Rural Development implementation already in La Verkin for low income and people with disabilities.  Like the Hurricane Hill apartments on top of the hill in Hurricane.  It is a project from the Federal Government.      



Page Six:

Bullet point 3-Leave it in.

Bullet point 4-Leave it in.


Kyle passed out the next section, which is mainly graphs, for the next Planning Commission meeting. There are no highlighted areas so the Commissioners need to read it. 



Motion was made by Commissioner Gary McKell to adjourn, second by Commissioner Hugh Howard. Hugh Howard-yes, Bice-yes, McKell-yes.  Motion carried unanimously at 7:07pm.



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

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