LA VERKIN CITY PLANNING COMMISSION
Wednesday, December 14, 2016 6:00pm
City Council Chambers, 111 South Main Street
LaVerkin, Utah 84745
Present: Chair Anna Andregg; Commissioners: Allen Bice, Hugh Howard, and Karl Benson; Staff: Derek Imlay, Kyle Gubler, Kevin Bennett and Christy Ballard; Public: Rich Murset, Madalon Wilson, Angela Nebeker, Chief Ben and Debbie Lee, Richard Hirschi, and Dewey Moss.
Commissioner Sherman Howard has been excused.
I. Call to Order: Chair Anna Andregg called the meeting to order at 6:03pm. The Invocation and Pledge of Allegiance was given by Allen Bice.
II. Approval of Minutes:
Commission may approve the minutes of the November 30, 2016 special meeting.
Motion was made by Commissioner Hugh Howard to approve the November 30, 2016 special meeting minutes, second by Commissioner Allen Bice. Howard-yes, Andregg-yes, Bice-yes, Benson-yes. Motion carried unanimously.
III. Approval of the Agenda
Motion was made by Commissioner Karl Benson to move Business item one to the end of the Business section, second by Commissioner Allen Bice. Bice-yes, Hugh Howard-yes, Andregg-yes, Benson-yes. Motion carried unanimously.
Motion was made by Commissioner Allen Bice to approve the agenda as amended, second by Commissioner Hugh Howard. Benson-yes, Bice-yes, Andregg-yes, Howard-yes. Motion carried unanimously.
1. Beautification/Trails Committee-Commissioner Bice reported the Christmas lighting competition will be held again this year. Plans are set for the Christmas Eve program. The dates were set for 2017 Dumpster Days.
2. City Council-Nothing to report.
3. Director of Operations-Nothing to report.
2. Discussion and possible action to allow an impound lot in La Verkin City.
Derek explained that Dewey Moss presented a request to the Commission at the last meeting for an impound lot in the City. He wondered if the Commissioners have had enough time to review that request?
Conditional Uses are a possibility even though the City has tried to move away from that direction. The City could set conditions on the look of the impound lot, how long vehicles could be in the yard, etc.
Kevin explained that while the City can grant a Conditional Use it has not been done for several years and the rules to them have changed. A Conditional Use is now really a permitted use with conditions. Meaning you would not have the right to deny anyone else who would like to open an impound yard if they can do what you can reasonably impose.
It is currently not a permitted use so the Commissioners would need to determine a location for this type of use and then change the zone requirements to allow impound yards. It would also need to distinguish between a storage yard and a wreckage yard.
Dewey Moss stated he understands the concerns but would like to Commissioners to know if there were conditions beyond what normal would be, he would be willing to meet them. That would prevent the concerns. He does not want a junk yard.
The other issue that needs to be considered is how to enforce the conditions set. The City needs to be able to make business owners accountable when they are in violation.
There was a discussion on why the City does not allow this type of business any longer.
Commissioner Bice mentioned he is in favor of allowing people to do what they would like with their property but said he wishes somewhere other than State Street was zoned General Commercial. He said he would be in favor of allowing it if the business could be completely unobtrusive to neighbors and the street. There would also need to be conditions set on the business so that the City wouldn’t have to deal with what happened before.
Kevin suggested deciding where the Commissioners feel would be a good location for this type of use and then work out the regulations.
Derek discussed some of the conditions the City could require to make this type of business okay for surrounding businesses. It should also be allowed only in certain parts of the General Commercial Zone.
Kevin explained the Commissioners discussed a light industrial zone in the north part of town but the property owners did not want it.
Commissioner Andregg would like more time to consider the best location for this type of business. She told Mr. Moss that it could be a difficult process finding an area.
Mr. Moss stated he would like to have his business in La Verkin if something could be worked out because this is where he lives but he will be looking in other areas also.
3. Discussion and possible action to recommend approval on the La Verkin City State Street Zone Map to be included with the ordinance making minor clarifications in the Tourist/Resort Commercial Zone and establishing or revising the boundaries of the existing commercial zones within the City.
Kevin explained this was presented with the Transition Zone. This item had no public comment during the public hearing. It changes the boundaries of some of the commercial zones along State Street and changes the language to allow certain types of vehicles to be sold and/or rented in the Tourist Zone. The map (Exhibit A) with legal descriptions (Exhibit B) and ordinance need recommended approval.
Motion was made by Commissioner Allen Bice to recommend approval on the ordinance amending the Zoning Code and the Zoning Map 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, second by Commissioner Karl Benson. Howard-yes, Andregg-yes, Bice-yes, Benson-yes. Motion carried unanimously.
4. Presentation, discussion, and direction on allowing RV Resorts in La Verkin City.
Derek mentioned the City has the technology to view the RV resort in Virgin on a mapping system in this meeting if the Commissioners would like to, instead of going to the property.
Commissioner Andregg pointed out under Definitions on page 2, item D “Recreational Vehicle” a) there are no single chassis, it will need to be changed to dual chassis. b) three hundred square feet would be sufficient for a 60-foot truck and trailer, which is the longest it could be.
Derek pointed out the change made by the fire department on page 5 under Traffic circulation and street design.
This will require a project to follow the most current fire code adopted by the State of Utah. It will regulate the street width, circulation, exiting and fire hydrant spacing.
Kevin mentioned the process portion of the draft will not be included in the ordinance.
The Commissioners need to first decide if an RV Resort Zone would be a good thing for La Verkin City and then begin at about page 5 of the draft and decide what should be permitted, expected, the setbacks, location, etc.
The Commissioners are in favor of an RV Resort Zone.
Commissioner Bice said there needs to be a certain number of amenities for the resorts to have the desired look.
Some of the information should be standard, like the pad size, he is not sure what the requirements for that should be.
The Commissioners need to decide if they would like to create a new zone or an overlay for the existing Tourist Zone.
There was a discussion on the five-acre minimum requirement.
Commissioner Benson asked how the number of employees per resort was derived and if that number included family numbers.
Kevin explained this item would prevent long term living facilities but would also allow employees to live on site which is currently not allowed in La Verkin.
Kyle suggested beginning on page 5 and reading each section and make necessary changes.
Commissioner Andregg began on page five with General operations and maintenance requirements.
1. Item e will be removed. An on-site manager will be required.
Item f will be left as written.
Park size and density restrictions
The minimum property size will be five-acres and the property must be adjacent to a current Tourist Zone.
Traffic circulation and street design
1. A) The requirements will need to be tied to the most recent State Fire Code.
B) require roads to be paved but remove City paving requirement.
1. No changes
1. No comments were made.
1. No changes.
1. A 35-foot setback will be required for any building structure, common area and Residential Zone.
1. No comments were made.
Water supply-Sewage disposal and Drainage
1. No changes.
1. No changes.
1. No changes.
1. Change to “May include but not limited to”
1. No changes.
1. No changes.
Commissioner Bice stated the ordinance should have teeth enough to be enforceable.
Commissioner Benson feels it may be appropriate to permit sewage dump stations and would like it permitted.
Derek will contact Ash Creek Sewer District for requirements.
Commissioner Benson pointed out there are no provisions for fixed, short term rental structures (tiny houses).
Derek will do some research and find out if the vacation rentals should be allowed with a Development Agreement or if provisions should be included in the RV Resort ordinance.
There was a discussion on whether to allow restrooms in the tiny houses.
Commissioner Bice said he feels like there should be restrooms allowed in them.
5. Discussion and direction on the possible allowance of vacation rentals in the R-3-6 (Multiple Family Residential Zone) and the Mobile Home Zone.
Derek explained staff feels vacation rentals in the R-3-6 Zone would be okay for the single detached buildings only, no duplex or four-plex buildings in the R-3-6 zone. Staff also feels allowing vacation rentals in the Mobile Home Zone would be okay. The lot size requirements are the same as the R-3-6 Zone and the buildings are single detached buildings.
Kevin pointed out the use should not be based on whether the building is stick built if the lot size and parking requirements are the same. Multiple family dwellings have different issues with parking and common walls.
Commissioner Bice feels the City should limit the density that we allow. He admits he doesn’t know a fair way to control that.
Kevin said most cities do not allow vacation rentals in residential zones, only commercial. The Planning Commission needs to address vacation rentals in the R-3-6 Zone issue and then look at the community becoming a resort community.
Commissioner Andregg suggested using the LDS ward boundaries as the boundary and decide on a maximum number of allowed vacation rental homes within that boundary.
The Commissioners directed staff to draft an ordinance allowing vacation rentals in single family dwellings of the R-3-6 Zone and the Mobile Home Zone.
1. Discussion and input regarding the proposed update to the Affordable Housing element of the General Plan.
This item will be discussed at the next Planning Commission meeting.
Kevin reported the Spectrum has been reporting all week that the County has determined Washington County has no place to put people. Tabling this business item will give the Commissioners time to consider that possibility.
He also passed out a flier regarding vacation rentals stating the government should back off and let people rent their homes if they want to.
6. Report on possible future agenda items:
1. Vacation rental ordinances and consideration of allowing short term room rental (boarding).
Derek explained people are contacting the City wanting to rent rooms in their home so when the Planning Commission reviews the vacation rental ordinances this item will need to be considered.
Christy passed out the two ordinances regarding vacation rentals for the Commissioners to review.
Motion was made by Commissioner Hugh Howard to adjourn, second by Commissioner Allen Bice. Andregg-yes, Howard-yes, Bice-yes, Benson-yes. Motion carried unanimously at 7:47pm.
Minutes taken on behalf of the City Recorder by Christy Ballard.