Regular Meeting

Wednesday, October 13, 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 September 8, 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:

VI.      Unfinished Business:

A. Hillside Ordinance: Planning Commission may review the hillside ordinance regarding retaining walls and corrective work; discuss density, review charts, and designate general areas of application.

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 October 8, 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, October 13, 2010, 6:00 P.M.

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

Present: Chair Anna Andregg; Commissioners, Dan Howard, Alternate Richard Hirschi; Staff: Kevin Bennett, Kyle Gubler, June Jeffery; Public: Ray Justice

 

Michael Hinckley arrived late. Allen Bice was excused. Joe Webb, and Robert Holland were not in attendance.

 

Call To Order:  Chair Anna Andregg at 6:01 p.m. Invocation and Pledge of Allegiance - Kyle Gubler

 

Approval of Minutes:  Motion by Commissioner Hirschi to approve the minutes of the September 8, 2010 regular meeting, second by Commissioner Howard. Motion carried with Hirschi, Andregg, and Howard voting yes.

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

 

Michael Hinckley arrived at the meeting.

 

Reports:  

Beautification Committee: Kyle Gubler reported that the Beautification Committee would be having the State Street clean-up on Saturday the 15^th from 8:00 a.m. to 10:00 a.m. Cross Creek boys, under the direction of LaGrande Imlay, met today and cleaned their section. The seven LaVerkin LDS wards have been assigned specific areas in town. Donuts and drinks will be served at the Wanlass Park pavilion to those who participate, at 10:00. The group with the largest number of participants will receive a $100.00 prize from the committee. The 7^th ward won last year. There were a total of 175 participants last year. Discussion that UDOT would pick up garbage bags left on the State Road, but the city will make sure the bags are picked up with this activity.

 

The Stephen Sanders family has donated the large metal-frame Christmas tree that Stephen lighted every year on his hillside property, to the city. The city is looking for a prominent place for it to be located. Winterfest will probably include a tree lighting ceremony, and recognition of Sanders this year.

 

The committee is working toward the Christmas lighting contest for this year.

 

Lawn was planted on the property adjacent to Wanlass Park. Half of the area was completed today, the other half will be done next year. John Postert was overseeing the improvements. There was no cost to the city, and it will look better with the weeds gone. Water was available to establish and maintain the grass. 

Richard Hirschi asked about some trees that had died at the park near the storage building. Gubler replied that the trees had been donated and were distressed when they were transplanted. They just "didn't take". The city has planted some new trees that are doing fine.

 

Economic Development Committee: Kyle attended the Washington County Economic Development Committee. There was a presentation about the St. George City and Washington City downsizing.

 

Director of Operations: Kyle reported for Derek Imlay who was not in attendance.

 

The State Street water project was completed. The irrigation filter project is beginning. The water will be out of the lines on November 1^st so the project can go forward. The contractor has 45 days to complete. Parts have been ordered. The contractor expects it to go quickly once it is started. The water will be turned into the lines once for testing after the filters are installed, then will be out of service until spring.

Hillside Ordinance: Planning Commission reviewed the hillside ordinance regarding retaining walls, corrective work, and density.

 

Michael Hinckley read beginning at F. Retaining Walls.

 

Section 2 - Height Standards: There was some discussion that terracing was more attractive than tall, single-level walls. There was some concern that this ordinance would only allow a height total of 10 feet according to sub-section b. Further review showed that sub-section c. allows for more height with greater separation between the sub-walls.

 

Discussion that the terraced area should be maintained by the property owner, whether private or city owned.

 

Dan Howard stated concern that the requirements for landscaping in the terraces would create restrictions that were unnecessary. There was discussion that weeds and other unsightly use of the terraces would fall under nuisance code already in place. Kevin Bennett suggested that there are no other specific requirements for properties in flat land, and that the burden shouldn't be put on slopes without specific reason. By stating requirements for specific type of planting, plants, or trees the ordinance limits the personal use of the terraces. Some might like gardens or flowers and should be allowed that, so long as erosion or flood control was not a problem. Planning commissioners agreed that the landscape requirements should be removed from the code in both sub-sections a. and b. "The separation area between the sets of sub-walls shall be planted with low water use/low maintenance shrubs or other vegetation as approved in the landscape plan. Trees are not to be planted in the zone between sub-walls unless separation is at least twenty feet (20'). This vegetation will help reduce the apparent visual height of the wall or walls." The figure call-out following this statement will need to be reviewed to make sure it is still applicable. There was discussion that some trees need more than 20' space and some less. The type of tree should be left up to the individual property owner and not stated as a restriction.

 

Sub-section a. should remove "as outlined above" in the fifth line of print.

 

Sub-section c. is addressed by other code under fences and walls, and retaining walls in Title 7, and should be stricken completely.

 

Sub-section d. should be stricken as well.

 

Density discussion began on 10-6I-4 and was back on the discussion because of some questions that were raised at the last planning commission meeting. Kevin discussed transferring density from one area of town to another. The receiving zone should not be one that is already densely saturated. There are some areas of town that could receive more density, but credit transfers work to move density from one area to another and there is no provision in the current code to allow that.

 

There was some feeling expressed, that this code referred to clustering rather than transferring. Bennett discussed that clustering allowed a developer to have open space in the development that may be beneficial to the development or to the city, and group the residences that would have been allowed by the acreage, closer together for the maximum number that would be allowed by the total property size.

 

Anna Andregg stated her personal feeling that the property owner should develop only the area that was developable, to the underlying zoning requirements.

 

Bennett went on to discuss PUDs. There are some inherent concerns in allowing PUDs. LaVerkin City had a bad experience and did away with that code. Clustering, especially for developments for mature individuals is often preferable. They don't want large lots and may want to be closer to their neighbors.

 

The city does still have the PCD ordinance for the topside that will allow mixed development similar to a PUD, on a large scale. Dan Howard was not in favor of the PUD and asked about the history of Hillside Terrace. June Jeffery stated that the subdivision was set up as a PUD, but never was required to install any amenities to hold the homeowner's association together. Those residents paid their homeowner dues, but never saw anything for them. When their streets started to fall apart, they didn't want to maintain them and applied to the city for relief.

 

Bennett restated that there were some good PUDs and some bad. There were more failed subdivisions in LaVerkin than there were failed PUDs.

 

There was direction given from the commissioners to remove the language concerning density out of the ordinance and any reference to it. Dan Howard would like to see the underlying zoning applied to the hillside areas.

 

There was brief discussion as to whether this ordinance would apply only to areas under the ridges, or the ridges as well. That will be a part of the discussion at the next meeting. Several maps were included in this week's packet. One was designed by Derek Imlay that showed a blanket area of all hillside. The Interstate Rock area north of Zion View Estates under SR9 should be included in the overlay zone.

 

There was brief discussion concerning steep roads in hillside. The ordinance was changed in 2007 to allow up to 15% grade with approval from the city council. At that time, the fire department didn't support that grade. They wanted the maximum at 12% and stated at that time that they may not be capable to respond where grades were above 12% because of the limitations of emergency equipment. Those grade requirements are found in Title 7-3-10 of the city code and don't need to be addressed in this ordinance.

 

Anna expressed thanks to June Jeffery for her service. This would be Jeffery's last planning commission meeting.

 

Next meeting's agenda would include a review of the drawings, and discussion about designation of the hillside overlay.

 

Adjourn:  Motion to adjourn by Commissioner Howard, second by Commissioner Hinckley. Motion carried with Hirschi, Andregg, Hinckley, and Howard voting yes. 7:11 p.m.

 

 

Minutes taken by June Jeffery.

 

 

Anna Andregg

Planning Commission Chair

 

 Date Approved: November 10, 2010