Present: Chair Pro Tem Anna Andregg, Commissioners Allen Bice, Dan Howard, Alternate Richard Hirschi; Staff: Derek Imlay, Kevin Bennett, Rory Johnson; Public: Darwin Hall, Joel Timo, Doug Stewart, Ray Justice

Commissioners Joe Webb and Robert Holland were not in attendance, Michael Hinckley arrived late.

Call To Order: Chair Pro Tem Anna Andregg at 6:01 p.m. Invocation and Pledge of Allegiance by Richard Hirschi.

Anna Andregg recognized Stephen Sanders who passed away, as a great chairman who cared about LaVerkin and the people who live here. The board will miss him.

Anna recognized Allen Bice as a full member of the planning commission and Richard Hirschi as a new alternate.

Election of Chair and Chair Pro Tem:

Motion by Commissioner Howard to nominate Anna Andregg as Chair, second by Commissioner Bice. Motion carried with Howard, Bice, Hirschi, and Andregg voting yes.

Motion by Commissioner Howard to nominate Allen Bice as Chair Pro Tem, second by Commissioner Hirschi. Motion carried with Howard, Bice, Hirschi, and Andregg voting yes.

Michael Hinckley arrived at the meeting.

Approval of Minutes: Motion by Commissioner Hirschi to approve the minutes of the May 12, 2010 regular meeting, second by Commissioner Bice. Motion carried with Hinckley, Howard, Bice, Hirschi, and Andregg voting yes.

Approval of Agenda: Motion by Commissioner Bice, second by Commissioner Hirschi. Motion carried with Hinckley, Howard, Bice, and Andregg voting yes.

Reports:

Beautification Committee: Allen Bice reported that Professor Bell from USU presented plans for the crescent section at the intersection of SR9 and SR 17. They discussed design and materials. Bell presented the same at City Council that night. This highway is to be designated a National Scenic Byway and this intersection is important. It is expected that the design will be carried to the other three corners and that the pavement in the intersection could be designed with special materials.

Director of Operations: The State Street project is 40+ days over. Tie-ins for 300 S., Center, and 100 S. still need to be finished. Sidewalk installation needs to finish and general clean up. Expect 2 weeks before final walk-through and punch list. Discussion about sidewalks and the State Street project. Will only reinstall what was already there.

Irrigation filter project funding was approved for no-interest loan from State. All easements have been acquired. Should start project middle of October. The filter system will be auto cleaning down to 500 microns. This is the first year in five that the Conservancy District was allowed to flush the river. The installation will reduce the amount of cleaning maintenance city crews have to do now.

Bice wondered if there was anything that could be done now to clean the irrigation system. The operations crew is working to clean out. It is especially difficult to get the smaller organic stuff with the current filters.

Finished paving project that involved most of the streets north of Center and West of State, and included city office parking lot. Holbrook was the contractor. They crack sealed and put down an emulsion product that revitalizes the elasticity of the existing asphalt. Has 5 year warrantee, but is supposed to be good for about 7 years. Plan to rotate the maintenance process each year so that all roads get coated every 5 to 6 years.

Met with Alpha Engineering and the School District superintendent over buildings. They are going through the process to extend Main Street into the Interstate property and provide a building pad for an elementary school. Will have curb, gutter, sidewalk to the five-acre parcel. School will be patterned after the new Hurricane Elementary. Will be called Prairie Hollow. Will provide trails with complete subdivision development. Need to work with grading and similar issues. Will want to rezone from R-A-1.

Hinckley wondered about losing culinary and irrigation water pressure in Zion View Estates with the new development in the Interstate property. Imlay stated that it may be better, but cannot be affected negatively. Will be using the WCWCD tank. Will have to keep fire flows.

Public Hearing:

River Wood Phase 3: Ash Creek SSD requested preliminary plat approval of phase 3 of Riverwood Estates Subdivision a 6-lot subdivision fronting 900 N. and 370 W. between 344 W. and 875 N. in LaVerkin. Property is zoned R-1-14.

Derek Imlay discussed that Phase 3 included the last five lots on the west side of 900 N. and the corner lot across from them at the end of the road. The curb, gutter, sidewalk and asphalt were installed with Phase 1. Will need to complete the sidewalk and asphalt. All yokes are in the meter barrels, utilities have all signed off on construction and most of the infrastructure is in place. A wall has been installed at the river side of the subdivision that took it out of the flood zone. The report has been done and was advertised by Ash Creek.

This is the preliminary plat approval. Staff has looked at the plat. The lots are correct size, zoning is okay. There are no issues from staff. It will go to City Council for approval and then the final plat can be prepared.

Darwin Hall stated that the District owned the property next to this subdivision for grazing and to build a sewer treatment facility. They expected that the homes that would go in here would have the same requirements as the Phase 1 homes.

Chair Andregg opened the public hearing.

Doug Stewart, owner of lot 23 in Phase 1 wanted to ascertain that a home similar to his would be built on these properties. He followed the CCRs that were required by the development and is concerned that if the affordable type housing that was allowed above in Phase 2, property values would go down.

Kevin Bennett stated that when Color Country Homes built those smaller homes, they had to get all the property owners to sign off and come before the Planning Commission and City Council to amend the CCRs for those lots.

Darwin Hall stated that at this point he anticipated the homes to match those in the Phase 1 area. Bennett said that it is the expectation, but can't say that it will never change.

Joel Timo, the owner of lot 21 had concerns similar to Stewart. If Ash Creek were to sell the lots, what would be the anticipated value of the lots? Hall stated that the sign at the gate of the subdivision says $49-170,000. These would be the high end lots. Timo would like the District to develop with the existing home owners in mind. He would like to know if his property will be devalued, stay the same, or increase.

There was general discussion that Color Country was allowed by the Council and Commission to build smaller homes, but the roofline, and other elements were held to the same standard as the original Riverwood homes. They were also considered to provide a buffer between the apartments at the top of the road and the nice homes below. They were not allowed to move the smaller homes into the Phase 1 area, though they applied.

Economy homes are not an advantage to Ash Creek. Timo suggested that Ash Creek would not have any say about the houses that would go there; they would be selling the lots. There was general discussion that the city doesn't uphold the CCRs. Derek Imlay stated that the city does have a development agreement with the subdivision that will hold some of the elements for occupancy permits. There was more discussion that HOAs don't hold up. The agreement the city holds requires walls, landscaping, pitch and stucco.

Bennett remarked that development can be approved all at once or in phases. This was an expandable development. It was discovered that the developer never created the HOA as was required. The developers acted as the HOA. The city rules still apply.

Timo wondered that if there were changes to the requirements or agreements, if the HOA would be notified. There was discussion that this public hearing is the process. Specific types of land use must be notified to owners within 200 feet of the development parameters. Notice is also posted on the city website, the state website, published in the newspaper, and posted on the city office buildings.

Stewart stated that Bob Porter, one of the developers approved his home for CCRs before he could occupy.

Dan Howard said that Ash Creek is a public entity, they are not the developer but this is an investment. They will not be involved with getting approvals for the building permits. He wouldn't want to have anything approved that would be inconsistent with the CCRs. But he also agreed with the logic that came with the smaller homes next to the apartments.

Chair Andregg closed the public hearing.

Possible Action: Motion by Commissioner Howard to recommend approval for Riverwood Phase 3 Subdivision to City Council, second by Commissioner Hinckley. Motion carried with Hinckley, Howard, Bice, Hirschi, and Andregg voting yes.

Unfinished Business:

Public Facilities Zone: Planning Commission reviewed a draft outline for a Public Facilities Zone. Kevin Bennett introduced the item saying that this was spurred when Ash Creek acquired 40+ acres in the canyon near Confluence Park. The ordinance would outline what uses would be allowed in a governmental or quasi-governmental zone. The General Plan provides for a Public Facilities Zone, but there is nothing in the city code. There is zoning designated on the map for City, but there is nothing outlined for appropriate uses. He presented a draft ordinance for review to introduce the concepts.

The first section is the purpose and intent.

Second section lays out possible permitted uses so that anyone who bought property next to a PFZ would have an idea as to what could be there and how that might impact their property. Included in the permitted uses are intermittent uses like carnivals, fireworks etc. Allowance for some infrequent commercial use in a residential zone is included. Needs to allow flexibility for the governmental entity.

The third section lays out an approval procedure. Requests would need to come before Planning Commission.

The ordinance is written somewhere between the Hurricane City ordinance and one from American Fork.

Included in the verbiage is some allowance for farming with large acreage - with an eye toward the Ash Creek property in the river area. Item M looks at sewer treatment. There was a great deal of discussion about existing uses that become crowded by development. Can't keep development away, but there becomes a place where the original use becomes a nuisance. Bennett wondered about set-back, odor or noise easements, notice on plats. Discussion about size of facility, depth of set-backs.

There was discussion about the history of the Ash Creek purchase of the property. They originally owned 4 acres to build a facility on. Confluence Park changed rules and they were no longer allowed to build on that parcel. They purchased the other 39 acres for grazing, irrigation and to make money to keep the sewer rates low. When the water is sent back to the river, cities lose the right to that water. If it is put back on the ground it has use. Other SSD property could become recreation land when the water is classified for contact with people.

Hall said that the odor generally comes from sludge, which will be removed at this facility. There was further discussion that conditions for the ordinance could include sludge removal, no composting. The District is experimenting right now to see how well microbes are at removing the sludge.

The current facility there produces a smell when the pump releases air after water in the pump is rancid. There is a great deal of noise when the pumps are working.

It was suggested that Ash Creek provide parameters for the ordinance.

Hillside Ordinance: Planning Commission delayed discussion on the hillside ordinance until the next meeting.

Adjourn:  Motion by Commissioner Bice, second by Commissioner Howard. Motion carried with Hinckley, Howard, Bice, Hirschi, and Andregg voting yes.  7:30 p.m.

Minutes transcribed by June Jeffery

Planning Commission Chair, Anna Andregg

Date Approved: July 14, 2010