Regular Meeting

Wednesday, November 9, 2016 6:00pm

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745


Present:  Chair Anna Andregg; Commissioners: Sherman Howard, Allen Bice, Hugh Howard, and Karl Benson; Staff:  Derek Imlay, Kyle Gubler, Kevin Bennett, John Postert and Christy Ballard; Public: David Whitehead, Larry Pugh, Gail Atkinson, Alan & Diane Olsen, Gary McKell, Rich Murset, Scott Woolsey, Susan & Mark Mangum, Ray Justice, Anita DeMille and Dewey Moss.


I.             Call to Order:  Chair Anna Andregg called the meeting to order at 6:00pm.  The Invocation and Pledge of Allegiance was given by Sherman Howard.


II.           Approval of the Agenda


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


III.              Public Hearing:

1.       Proposed one lot subdivision at 205 South 100 East and the parcel directly south of it (Olsen Subdivision).

Derek explained this proposed subdivision meets all the City Code requirements.  Staff recommends approval.


Public Hearing opened at 6:03pm


No comments were made.


Public Hearing closed at 6:04pm


2.       Proposed one lot subdivision at 50 West 200 North (Hardy Trust Subdivision).

Derek explained where this property is located.  The lot that will be along SR 9 will be in the Commercial Zone and the lot that will be along Main Street will be in the Residential Zone.  The proposed subdivision meets all the City Code requirements. 


Public Hearing opened at 6:06pm


Gail Atkinson-Is the parcel along SR9 going to stay commercial?  He is in favor of the property split if that piece will remain commercial because La Verkin City needs commercial areas.  If the zone will be changed to residential along SR9 then he is not in favor of it. 


Anita DeMille- She lives across the street from the parcel along Main Street.  She asked if the zone will be changing.  She does not want commercial businesses along Main Street. 


Public Hearing closed at 6:09pm


IV.              Business:

1.      Discussion and possible action to recommend approval on the preliminary and final plats for a proposed one lot subdivision at 205 South 100 East and the parcel directly south of it (Olsen Subdivision). 

Motion was made by Commissioner Hugh Howard to recommend approval on the preliminary and final plats for a proposed one lot subdivision at 205 South 100 East and the parcel directly south of it, second by Commissioner Sherman Howard.  Sherman Howard-yes, Hugh Howard-yes, Andregg-yes, Bice-yes, Benson-yes.  Motion carried unanimously.


2.      Discussion and possible action to recommend approval on the preliminary and final plats for a proposed one lot subdivision at 50 West 200 North (Hardy Trust Subdivision).

Derek pointed out on the map where the proposed split would be located and explained the front section along SR 9 will remain Commercial and the back section along Main Street will remain Residential.


Motion was made by Commissioner Allen Bice to recommend approval on the preliminary and final plats for a proposed one lot subdivision at 50 West 200 North, second by Commissioner Sherman Howard.  Benson-yes, Bice-yes, Andregg-yes, Hugh Howard-yes, Sherman Howard-yes.  Motion carried unanimously. 


3.      Discussion and possible action to set an on-site visit for November 30, 2016.

Commissioner Andregg reported this will be an RV Resort type location in Santa Clara or Virgin. 


The Commissioners will meet at 4pm at the Council Chambers on November 30, 2016 to travel to the Santa Clara location.     


Motion was made Commissioner Allen Bice to set an on-site visit for 4pm on November 30, 2016 to visit the Santa Clara location, second by Commissioner Karl Benson.  Sherman Howard-yes, Hugh Howard-yes, Andregg-yes, Bice-yes, Benson-yes.  Motion carried unanimously.


V.                 Presentation:

1.      Possible allowance for a tow yard-Dewey Moss

Dewey Moss introduced himself and said he would like to start a towing service in La Verkin.  He currently lives in La Verkin and feels his business would be a positive addition to the City.  The City created an ordinance prohibiting this type of business because of a situation caused by one individual years ago.  Dewey has no intention of putting in a wreckage yard or salvage yard, he only needs a location to store vehicles for a certain period, an impound yard.  The ordinance will need to be modified before that can happen. 

Dewey explained he would not let the impound yard be an “eye sore”.  State Street is not the most ideal place for this type of business but it is the only commercial area La Verkin has.  The property he would like to lease is the property located directly north of the Stage Coach Grille restaurant. 

He passed out a map of where the business would be located on the parcel and explained the business would be set back 30 feet from SR9 and would like that requirement placed in the ordinance.  He feels if the City places enough conditions in the ordinance there cannot be a repeat of what happened before.  He also feels people should be accountable if they break an ordinance.

He will install an eight-foot fence instead of a six-foot fence with wing slats which guarantee a 95% block of visibility. 

He is asking for a conditional permit so he can move forward.  He chose La Verkin because he lives here and he would like to keep his money in La Verkin.  Most of his clientele are tourists who need road side service and

La Verkin puts him closer to Zion and Springdale.  However, there are times when an impound yard is needed. 

He suggested putting a maximum length of stay on vehicles in the ordinance and make the fence height requirement eight feet.


VI.              Work Session:

1.       Discussion on the possibility of allowing RV Resorts in La Verkin.

Included in the packet was a list of items discussed in past meetings.

Commissioner Hugh Howard liked everything on the list. 

Commissioner Andregg mentioned she felt it was a very thorough list. 

Commissioner Bice was skeptical when the topic was first presented but has changed his mind.  He particularly liked the minimum lot size requirement.

Commissioner Sherman Howard feels the entire project should be required to be built at the same time and not in phases. 


John Postert introduced the developers that brought the idea of RV Resorts to the City.  They are also the developers of the community in Santa Clara the Commissioners will be visiting on the thirtieth.  This project has similar amenities that the RV Resort would have. 


There was a discussion on the length of stay requirements the Commissioners would like to see and the different City departments that could enforce it.


The Commissioners were unsure about requiring any facility to have specific amenities.

Kevin replied the City should put in a base amenities requirement such as an eating establishment or club house. 


Commissioner Andregg mentioned she agreed with requiring a minimum lot size and the zone being adjacent to a Tourist Commercial Zone. 


Commissioner Hugh Howard commented he likes the requirement of amenities being in the first phase. 


Rich Murset said he feels amenities are market driven and unless the City is going to design the resorts they should let the owner decide what amenities to have. 

He has purchased a piece of property in La Verkin and would like to put in a tent site.  Unless tents are going to be dealt with differently than RV’s he does not qualify based on minimum lot size.  He would like the Commissioners to consider that as they are planning. 


Derek pointed out the suggested requirements in the packet will ensure they do not become trailer parks.  There is more open space, wider roads, and more space between pads.  Requiring more amenities at the beginning of the project will also help to make sure it is a high-end development. 

Mr. Murset’s tent site request will need to be addressed differently than an RV Resort. 


Kyle said the locations for an RV Resort could be regulated by creating an additional zone, possibly a Tourist 2 Zone. 


The Commissioners directed staff to begin working on an ordinance.  They would like the minimum standard of amenities set high without having to specifically list everything. 


Commissioner Benson asked about the regulations for the caretaker facility and suggested stating them in the ordinance. 


David Whitehead commented that is one of the issues the Parks are having.  There is not enough housing for their employees.  He would suggest a place for the manager and a grounds keeper (4-6 people).


John suggested requiring them to be in a brick and mortar home.  Perhaps something above the clubhouse.

2.       Discussion on vacation rentals.

Vacation Rentals are currently allowed in all zones except for the R-3-6 (Multiple Family Residential) Zone and the Mobile Home Zone. 

The Commissioners discussed allowing vacation rentals in the R-3-6 Zone but only for standalone single family dwellings.  This should help with parking concerns and noise concerns.


Derek pointed out the streets in North View Commercial and Spanish Gardens are not up to City standards so parking is already an issue. 


Rich Murset commented his rentals never have more than 2 cars.  Those areas have a garage with space for three cars.

He would also like the Commissioners to consider allowing residential hosting.  This would allow people to rent rooms in the home they live in. 


Christy mentioned having been contacted by several people in the City wanting to get a business license for that. 


Kevin said the Mobile Home Zone specifically states no rentals less than 29 days.  To make any changes will require an amendment to the ordinance. 


Derek explained the City Councilmembers have asked the Commissioners to review the vacation rental ordinance.  They wondered if the Commissioners are happy with the way things are going in La Verkin City or if there are any changes that should be made such as restricting the number.  There is concern that the City may be losing some of its neighborhoods.


Commissioner Howard said vacation rentals are kept in better condition than many long-term rentals.    


The vacation rental owners at the meeting all stated they have had no negative experiences with their rentals. 


Commissioner Bice mentioned Zion View Estates is getting a lot of vacation rentals and he is concerned what that may do to the homeowners that bought their home thinking it was a nice neighborhood, not a vacation rental community.  Perhaps there should be an ordinance protecting neighborhoods. 


There are currently 25 licensed vacation rentals in the City.


Commissioner Andregg asked what the Councilmembers did not like about the original ordinance the Planning Commission recommended. 


Derek said most of the restrictions were taken out.


Kevin said the Council did adopt the zone recommendation which was all areas except the multi-family zone. 

The Mobile Home Zone is not listed in the ordinance as an allowed area but that code specifically prohibits vacation rentals.


Commissioner Howard feels vacation rentals should not be limited because they will be self-regulating.  With all the new hotels, vacation rental communities and regular homes being used as vacation rentals coming in, at some point there will be enough places for people to stay. 

Allowing them in the trailer park will improve the property because this type of business is all about reviews from the patrons. 


Gary pointed out counties, cities, and the State all get money from the transient room tax.


Kevin mentioned he is concerned about the time when vacation rentals stop doing well and then La Verkin will be stuck with empty buildings or long term rentals instead of stable neighborhoods.


Commissioner Bice said he is still concerned with what not regulating vacation rentals will do to existing neighborhoods.


Commissioner Hugh Howard stated vacation rentals are kept in good condition.  If the home does not rent anymore the owner will sell it.


Derek suggested allowing vacation rentals in the R-3-6 Zone and the Mobile Home Zone if the building is a single-family dwelling.  He also suggested having the Commissioners review the original ordinance that was presented to the City Council, decide if they would like to change anything in it and then send it on to the City Council.


The Commissioners all agreed with Derek’s suggestion. 


Commissioner Benson said La Verkin has a bigger issue with permanent residences not maintaining their yards because the City is not enforcing the codes, than any issue with vacation rentals.


Gary agreed with Commissioner Benson stating the police force should be handling problems.  The ordinances need to be enforced.  He also mentioned if people are not allowed to do vacation rentals they may do it anyway and the City will be missing that income.


Christy would like the Commissioners to consider whether to allow people to rent rooms in their house without becoming a bed and breakfast.  She has received several inquiries regarding this.                        


VII.           Adjourn:

Motion was made by Commissioner Hugh Howard to adjourn, second by Commissioner Sherman Howard.  Andregg-yes, Hugh Howard-yes, Bice-yes, Sherman Howard-yes, Benson-yes.  Motion carried unanimously at 7:52pm.



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

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