Regular Meeting

Wednesday, September 28, 2016 6:00pm

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745


Present:  Chair Anna Andregg; Commissioners: Allen Bice, Hugh Howard and Gary McKell; Staff:  Derek Imlay, Kyle Gubler, Kevin Bennett and Christy Ballard; Public: Cheryl Reeve, Kevin Gildea, Skylar Davis, John Valenti, Rich Murset, John Postert, and Shannon Ellsworth.


Commissioners Sherman Howard and Karl Benson 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 Kevin Bennett.


II.           Approval of Minutes: 

Commission may approve the minutes of the September 14, 2016 regular meeting.


Motion was made by Commissioner Allen Bice to approve the September 14, 2016 regular meeting minutes as written, second by Commissioner Hugh Howard.  Bice-yes, Andregg-yes, Hugh Howard-yes, McKell-yes.  Motion carried unanimously. 


III.        Approval of the Agenda


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


IV.              Presentation:

Shannon Ellsworth had not made it to the meeting so Commissioner Andregg gave a brief report on topics covered at the Utah League of Cities and Towns Conference.  Vacation rentals seemed to have been the “hot item”.  She read through some of the suggestions and regulations brought up during the discussion.


Kevin reported he has contacted one of the presenters and she will be sending him her presentation information and also said she would be willing to help La Verkin with their vacation rental ordinance if needed. 


Shannon Ellsworth arrived.  She is from Rural Community Consultants, they do land use planning, strategic planning, and financial planning with local governments and rural counties.  They also work with Utah League of Cities and Towns to provide this training.  The three areas that will be discussed is the GRAMA and OPMA training, which is required annually, and the Land Use Law.

            The authority for the City of La Verkin to create local laws comes from the State Constitution and the State Supreme Court and Appellate Courts.  Those decisions are backed up by State Statutes which gives the city power.  That is the power enacted under the Land Use and Development Management Act (LUDMA). 

GRAMA- This is a law stating all records are accessible to the public unless classified otherwise.  The different classifications are public, private, controlled and protected.  All documents are given a classification and each classification have retention schedules that must be followed.  There is also a process for individuals to appeal a decision.

OPMA-Conducting business and making decisions needs to be done in front of the public.  There needs to be appropriate notice given to the public of the meeting and the meeting needs to be recorded and minutes need to be taken.  A meeting is defined as the gathering of a public body with a quorum present for the purpose of transacting the governing body’s business either in person or electronically.

Some meetings can be closed.  The reasons would be if you are discussing the character of an employee, the strategy for collective bargaining, or pending litigation. 

LUDMA-Individuals are free to use their private property as they wish unless a valid written land use law directs otherwise.  Regulating bodies must clearly document regulations. The City Council is the land use authority with the Planning Commission as the advisory committee.  The Board of Adjustments is the appeal committee for land use issues. 

The General Plan is the nexus for all land use decisions.  This will make sure the decisions are what the community wants.

The General Plan is an advisory guide and must address three sections; land use, moderate income housing and transportation.  Other things may be included but are not required.  Once a general plan has been adopted, nothing that will be or is publicly owned can be constructed unless it conforms with the general plan. 

When it comes to code enforcement do not be arbitrary and don’t be capricious.  If it is in your code, enforce it.                   


V.                 Work Session:

1.      Discussion on a proposed tourist zone allowing RV resorts.

Derek explained there has been some interest in the City creating a zone that would allow an RV resort type business.  The current Code does not allow them anywhere in the City. 

During the last Planning Commission meeting Derek passed out a layout of a potential RV Resort and a bullet point list of items the staff felt the Commissioners may want to consider, such as location and regulations.    

This item was listed as a work session to see if the Commissioners are interested in the idea. 

Staff feels RV Resorts, if created and regulated right, could benefit the City.

Derek has copies of seven different city ordinances in regard to this type of use from across the nation. This is where he and John Postert, the City Building Inspector, got some of the ideas for the bullet points.

The main area staff is interested in for this type of use is east of the La Quinta hotel.  The soil in that area will limit the building that can happen there which makes it a good spot.


Commissioner Bice felt it was time for the City to rethink allowing this type of business but would like the standard set high so we don’t go back to the same issues we had in the past with trailer parks. He also suggested having the City Code reference the State Fire Code to ensure the road width in the resort would fit a fire apparatus. He also likes the idea of requiring the new tourist zone to be adjacent to the current tourist zone. 


Derek read through the bullet point paper.  A lot of the items would need to be enforced by the onsite manager.  If the City noticed continual violations, there would need to be something in the ordinance to reprimand the business.


Kyle pointed out the area does get snow birds that stay longer than 29 days.  This requirement deals with the Transient Room Tax which is collect on short term rentals.  The Commissioners would need to decide if longer stays will be allowed. 

He also feels the amenities should be required to be built in the first phase.


Commissioner Howard asked if there were any downfalls if the City were to allow this type of business.


Kevin replied the zone would need to be put together properly.  Don’t over regulate it but regulate it enough so it will continue to stay in good condition.  He agrees with Kyle that the amenities should be required up front. 


There was a discussion on how to require the amenities be built at the beginning and the reason it would be required in the first phase.


Kevin explained the Commissioners need to decide if they are interested in allowing RV’s again in La Verkin and then if they want to allow RV Parks or only RV Resorts.  It may require a revision of the General Plan. 


Kyle said tonight the Commissioners need to decide if they are in favor of moving forward with creating the new zone and then begin working on the regulations. 

Staff is in favor of the new zone. 


Commissioner Bice and Commissioner Hugh Howard are in favor of creating the new zone.


Derek asked the Commissioners to begin putting together a list of how to construct the new zone so we can begin discussing it at the next meeting. 


Kevin said the use could also be added to an existing zone instead of creating a new one.  If the Commissioners would like to do that they would need to look at the locations of the zone, if the use would fit and what requirements would be needed.    


 Commissioner Bice suggested creating a Tourist 2 Zone that does not exclude the Tourist 1 Zone uses. 


Kevin suggested looking at adjacent areas to the zone.  A resort may not be appropriate next to the residential zone. 


VI.              Adjourn:

Motion was made by Commissioner Hugh Howard to adjourn, second by Commissioner Allen Bice. Andregg-yes, Hugh Howard-yes, Bice-yes, McKell-yes.  Motion carried unanimously at 7:27pm.



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

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