Regular Meeting

Wednesday, September 8, 2010, 6:00 P.M.

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

I.      Call To Order: Chair Anna Andregg, Invocation by Invitation; Pledge of Allegiance

II.      Approval of Minutes: Commission may approve the minutes of the August 11, 2010 regular meeting.

III.      Approval of Agenda:

IV.      Reports: Beautification Committee, Economic Development Committee, Trails Committee, Director of Operations - will present updates on meetings and activities.

V.      Public Hearings and Possible Action:

A1.  Ordinance No. 2010-____: An ordinance amending Chapter 6 of Title 10 of the   LaVerkin City Code, and providing for a public facilities zone; and providing an effective date.

A2.  Possible Action: Planning Commission may recommend approval of Ordinance No. 2010-____ amending Chapter 6 of Title 10 providing for a public facilities zone.

VI.      Unfinished Business:

A. Hillside Ordinance: Planning Commission may review the hillside ordinance.

VII.      Adjourn:

In compliance with the American with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify June Jeffery, City Recorder, (435) 635-2581, at least 48 hours in advance.

The undersigned City Recorder does hereby certify that the agenda was sent to each member of the governing body, sent to the Spectrum newspaper,  posted on the State website at http://pmn.utah.gov, posted on the LaVerkin City website at www.laverkin.org

and in the following public places within LaVerkin City limits on this September 3, 2010

These public places being: 1) LaVerkin City office building 111 S. Main; 2) LaVerkin City office building 435 N. Main;

June Jeffery, CMC

City Recorder

Regular Meeting

Wednesday, September 8, 2010, 6:00 P.M.

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

Present: Chair Anna Andregg, Commissioners Allen Bice, Dan Howard, Alternate Richard Hirschi; Staff: Kevin Bennett, Derek Imlay, June Jeffery; Public: Ray Justice

 

Michael Hinckley was excused. Joe Webb, and Robert Holland were not in attendance.

 

Call To Order:  Chair Anna Andregg 6:00 p.m. Invocation and Pledge of Allegiance by Kevin Bennett.

Approval of Minutes:  Motion by Commissioner Hirschi to approve the minutes of the August 11, 2010 regular meeting, second by Commissioner Bice. Motion carried with Hirschi, Andregg, Bice, and Howard voting yes.

Approval of Agenda: Motion by Commissioner Bice to approve the agenda, second by Commissioner Hirschi. Motion carried with Hirschi, Andregg, Bice, and Howard voting yes.

 

Reports:  

Beautification Committee: As reported in the last city council meeting, the Beautification Committee has set the city-wide clean-up for October 16^th. Notice is on the website.

 

Director of Operations: There was a notice for some free training sent to the commissioners for October 8^th in Ephraim. The training has been offered at no cost for four commissioners because Andregg will be on the panel. Hirschi is interested and will look at his schedule. Those wanting to attend will need to notify June Jeffery as soon as possible.

 

The State Street water project is expected to finalize at city council meeting next week. All reports show the project coming under the loan amount, and there were several extra projects completed.

 

The filter project is beginning. Staff has met with Rocky Mountain Power and the city will do the power trenching "in-house". Appropriate easements have been received. The original plan was to begin near Dan Howard's home on 100 West, but there were four water lines (including one owned by the WCWCD) as well as gas and fiber-optics there.  The plan now is to install a pole on 480 South, and run power underground - 360' to the station. Will install a SCADA system. New plan will be less expensive because of trench length.

 

The contractor, Royal T, will be meeting with staff tomorrow. They are scheduled to begin work on October 15^th, but may push back to November 1^st if the weather is still good.

Ordinance No. 2010-____: An ordinance amending Chapter 6 of Title 10 of the LaVerkin City Code, and providing for a public facilities zone; and providing an effective date.

Chair Andregg opened the public hearing.

 

There was no public comment.

 

Chair Andregg closed the public hearing.

 

Possible Action: Motion by Commissioner Bice to recommend approval of Ordinance No. 2010- ____ An ordinance amending Chapter 6 of Title 10 of the LaVerkin City Code, and providing for a public facilities zone; and providing an effective date, second by Commissioner Hirschi. Motion carried with Hirschi, Andregg, Bice, and Howard voting yes.

 

Hillside Ordinance: Richard Hirschi read beginning at Item-3: Drainage Plan Certification.

There were no changes. Allen Bice began reading at 10-6I-7(B-7): Building Sites.

 

Item C-1: There was discussion about how to tell where the ridgeline begins. Kevin Bennett gave examples of how ridges can fold back and look different from below. June Jeffery referred to other sections of this ordinance that state that the general areas of application for the overlay would be designated on the zoning map by the planning commission before the process was finished, but the specific application would be determined at the time of development.

 

There are references in this section to "figures". Those are drawings that go with the descriptions in the ordinance. Jeffery will include those drawings in the packet for next month's discussion.

 

Item C-2 Cuestas: There was a question about the definition of "cuesta". Bennett had copied a definition from Wikipedia. Dan Howard said that it is the sharp edged peak of a ridge. Discussion that the word needs to be defined in the ordinance if it is not already.

 

Item D-2 b: The word "incorporated" should be "incorporate".

 

Item E-2: The statement that "homeowners are required to maintain common open space" was left by staff as they reviewed this ordinance. Jeffery stated that there had been a lot of verbiage in the Washington Ordinance allowing for home owner associations. As she and Derek originally reviewed the ordinance, those references were all taken out. This statement was left as a reminder to discuss how to manage the open space. Sections of this ordinance allow for clustering and an adjustment of property sizes with open space. Dan Howard is concerned that people living in a subdivision do not have the right to care for property that doesn't belong to them. He stated that if the open space is "natural" there should be no need to care for it. Derek Imlay wondered if there should be no provision for clustering - developers would need to fit in the developable space. Howard wondered if the subdivision ordinance allowed for clustering. Bice believed that clustering could present problems, property size should conform to the underlying zone. Howard expected that the required setbacks could provide open space. He mentioned Vintage Park Mesa, where the open space is a park owned by the city. Those lots do conform to the zoning. Kevin Bennett referred to several ways to handle open space. PUDs have management under a home owner's association. There are inherent concerns there. There could be a way to allow clustering and require some area to be set aside as conservation. TDR is a transfer of rights to another area in town. When someone owns property, there is a right to use that property. Some cities provide this transfer as a way to allow use of land. There can be court problems if a city creates too much restriction to land use. If the land is left undisturbed there would be no need for maintenance - it is natural. June Jeffery stated that clustering as referred to in this ordinance doesn't allow transfer of rights to other areas of town, but does allow credit for undevelopable land area to increase the density in the developable area. She agreed that there should be no reason to "maintain" open space that is left in its natural state. There was some discussion to the PCD for the topside. Commission gave direction to strike all of this item two referring to home owner requirements to maintain common open space. Jeffery will include the section about clustering and density in the packet for the next meeting.

 

There were no further changes.

 

Andregg asked about an article included in the packet concerning hillside in St. George. Jeffery said it came from the Spectrum Newspaper and was included as information about problems other cities have had.

 

Adjourn:  Motion to adjourn by Commissioner Howard, second by Commissioner Bice. Motion carried with Hirschi, Andregg, Bice, and Howard voting yes. 6:52 p.m.

 

 

Minutes taken by June Jeffery.

 

Anna Andregg

Planning Commission Chair

 

Date Approved: October 13, 2010