LAVERKIN CITY PLANNING COMMISSION AGENDA

Regular Meeting

Wednesday, November 10, 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 October 13, 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:
• A. Riverwood Phase 3: Review the development agreement
• B. Riverwood Phase 3: Recommendation for the final plat approval
• C. Rezoning: Review and discuss possible rezoning of points east of SR 9 and south of 300 South.

• VI. New Business:

•A.    Plan upcoming agenda items. 

•VII.      Unfinished Business:

•A.    Hillside Ordinance: Planning Commission may review the hillside ordinance, to discuss restoration bonding, to review charts, and to designate general areas of application.

•B.     Discussion of large-scale utility facilities and the possible amendment of the Zoning Code in relation thereto.

• VIII. Adjourn:

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

Certificate of Posting

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 November 5, 2010

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

Kyle Gubler

City Recorder

LAVERKIN CITY PLANNING COMMISSION MINUTES

Regular Meeting

Wednesday, November 10, 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:   Kyle Gubler, Kevin Bennett, Katie Wilson; Public:  Chris Balling, Becky Marchal, Russell Bezette, Ray Justice, Derek Hall

Allen Bice and Joe Webb were excused.

Call to Order:  Chair Anna Andregg at 6:00 p.m.  Invocation and pledge of allegiance – Kyle Gubler

Approval of Minutes:   Motion by Commissioner Richard Hirschi to approve the minutes of October 13, 2010 regular meeting, second by Commissioner Dan Howard.  Motion carried with Andregg, Hirschi and Howard voting yes.

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

Reports:

1.       Beautification Committee:  Kyle Gubler reports on State Street clean up.  Christmas lighting contest will be judged on Monday, December 13^th with 5 places awarded.  Grand prize $35 gift certificate to Farmer’s Market and 4 others with $25.

2.      Economic Development Committee:  none

3.      Trails Committee:  none

4.      Director of Operations:  Derek Imlay is out with surgery and cannot report.  Kyle Gubler reports that the filters are all in place and will try and test by Friday.

Public Hearings and Possible Action:

A.     Riverwood Phase 3:  Review the development agreement:   Kevin Bennett reminds the commission that they have previously looked at this and Riverwood is here to report the final.  There is an architecture committee to replace the association.  Street parking has been amended.  Having reviewed the agreement, Kevin recommends it to the commission.  The application has been approved and the bond has been received and everything is in order.

Motion to recommend the development agreement by Commission Dan Howard and second by Commissioner Richard Hirschi.  Motion carried with Andregg, Hirschi and Howard voting yes.

B.     Riverwood Phase 3:  Recommendation for the final plat approval:   The subdivision is closer to the creek and further downstream.  The plan is shown to the commission.

Motion to recommend approval of the final plat by Commissioner Hirschi, second by Commissioner Howard.  Motion carried with Andregg, Hirschi and Howard voting yes.

C.     Rezoning:  Review and discuss possible rezoning of points east of SR 9 and south of 300 South:  Issue on 480 South regarding Russell Bezette in the R-1-14 Zone which abuts the tourist commercial zone.  Bezette would like to add another dwelling on his property which the zoning currently does not allow.  He would like the zoning to be changed to the R-3-6 zone to accommodate his request.   This is a possibility as a transition zone for a multiple family dwellings from large dwelling zone to the tourist commercial.  The R-1-14 zone only allows one dwelling and prohibits multiple dwellings.  Russell Bezette has been allowed to speak to the commission.  Bezette states he built his home on his property and 4 years ago came to the commission to add another dwelling and mother-in-law home was agreed upon.  They are a one family unit, with power, gas, etc. as one dwelling unit.  He connected 2 dwellings with a roof.  His family is growing further and wants to add again to his home.  Wants to add another dwelling attached at the roof.  He proceeded, admittedly further than he should have.  He was told by the city attorney that his plans are not up to city code.  He is not asking to become condominiums and it will only be a family unit in multiple dwellings.  Derek Imlay sent Bezette a letter suggesting a possible rezone to R-3-6.  He states that he has cooperated with the city 100% and will continue to do so.  He does not want to go against his neighbors.  The inspector told Bezette that it would make a good transition between tourist commercial and R-1-14.  He wants to accommodate his family which includes an ailing father and his daughter’s family.  Bezette adds that what he has done has been approved previously through the city.  Kevin Bennett reminds the commission that it is not for approval but for recommendation to the council.  Kevin states that the house has been added onto before and Bezette has not given engineer drawings to the city.  It does not fulfill the fire code.  Kevin states that there will be separate kitchens for each dwelling and therefore not a single dwelling.  He assumes Bezette’s plans will fit the R-3-6 zoning.  He only suggested this as a possible option for Bezette to consider.  Kevin asks the commission if they would like to revisit this if the current zoning is where they want it to go, because there is no transition.  Commissioner Howard understands Bezette’s confusion because Bezette was allowed to build the 2^nd dwelling without the approval of the city.  Bezette wanted to clarify that he has given the city the plans.  Kyle Gubler reminds that the 2^nd dwelling was approved before the commission officially passed it.  Kevin admits that the 2^nd dwelling was not done to city code but includes that it does not allow Bezette to continue to go against the code even though he was allowed previously.  Commissioner Howard does not want it to extend more than Bezette’s land.    Commissioner Hirschi reminds Bezette that he will still have to attend with the fire code.  The fire district cannot restrict building only occupancy of that building.  Commissioner Hirschi does not want to approve just one lot but Kevin informs the commission that there is no code saying it cannot be just one lot.  Kevin states that changing to R-3-6 could be considered an upgrade to developers and realtors.  Kevin reminds the commission that they have changed their mind previously in a northern section of town.  Commissioner Andregg would like more time to consider and Commissioner Hirschi would like to look at the section.  Commissioner Howard reflects that the town has changed dramatically and the southern part of town hasn’t been touched much.  Bezette would like to work something out with the city so he can keep his family close to him.  He states that he will abide by restrictions as long as he can have his family is taken care of and near to him.  His land is not obtrusive and is hidden from view.  He admits that he went ahead without a building permit but instead on the approval of inspectors.  Kevin is willing to invite Bezette to the development meeting agenda and meet with everyone involved.

No direction at this time and the commission will place it on the agenda as a discussion of rezoning on December 8^th, 2010.

New Business:

A.     Plan upcoming agenda items: 

a.      Rezoning south end

b.      Hillside Ordinance

c.       Priorities for the upcoming year

d.      Width of sidewalks on State Street

Unfinished Business:

A.     Hillside Ordinance: Planning Commission may review the hillside ordinance, to discuss restoration bonding, to review charts, and to designate general areas of application.  No comment on this at this time.

B.     Discussion of large-scale utility facilities and the possible amendment of the Zoning Code in relation there-to.  

Kevin states there are 2 parts to this:

1) The city was contacted by the codifiers of a discrepancy in Ordinance 2010-06 that states “one-half (1/4)” on page 4 of the ordinance.  The fix needs to come through the Planning Commission.  Kevin recommends the commission to set it up for a public hearing to clarify this to be “one-quarter (1/4)”. 

2) There is also a request for a distribution facility for natural gas in Riverwood.  There are 3 issues with putting it in Riverwood. 

            A) Kevin proposes to define “Quasi-public Corporation” just to clarify for the future although he believes they are fine as is. 

            B) This issue has to do with Questar and where it is located.  One lot zones owned and maintained by quasi-public entity or it can be over-lay zones.  Commissioner Howard mentions concern with Quasi-public Corporation and if this would allow Ash Creek, for example, to build a facility to allow dealing with sludge in an upscale neighborhood.  Kevin responds to this by reminding of 10-6-K2 ordinance which would prevent that as long as they meet the zone change and easement requirements and impact and Kevin believes they meet the zoning requirements.  Questar informs the commission that the home owner’s association supports this facility in Riverwood and would like it to be for public hearing in the next city council meeting. 

            C) The commission needs to look at development agreements if Questar goes through with their plan.  Chris Balling speaks for Questar at this time concerning the zoning and shows the commission the Riverwood plat where their concern is.  The natural gas is under a high pressure and Questar has to take that gas and distribute it to homes.  The size of the facility will reduce the pressure on what is called a “bird cage”.  With the development in Riverwood, Questar now requires a larger facility and the new growth encroaches on the bird cage and there is now a safety issue.  Questar started looking to place a regulator station, a 10x10 structure similar to a Tuff Shed with valve assemblies above ground and wants to this facility in place of the bird cage.  Questar was told they couldn’t put it in the park so they then looked at an Ash Creek sewer treatment plant and was approved.  But the pressure on the lines would stay the same and not be reduced so there was no point.  So they went back to closer area to where the existing bird-cage is and at the lot next door which is in a bank foreclosure.  This lot is not in the public facilities zone.  Not an issue of the zoning but where Questar needs the facility and it needs to be located near where they are servicing.  There is no other facility like this in LaVerkin and there is a need for this regulator station.  Questar is concerned with the limitation place upon them.  Becky Marchal passes out Questar’s initial proposal and the new proposal.  The lot they propose has an easement on 2 sides of it already.  Questar’s thought is to use this lot but needs it rezoned.  They met with land-owners in the development as well as the developer.  Questar will make it look really nice and a majority of the land-owners were okay with it if it couldn’t go in the park.  Chris met with Dave and the land owners would like to put it on the lot by the park by the volleyball courts.  It will increase the size of the park and gets the regulator station away from the street and homes.  Questar needs a clarification on the zoning.  They need a regulator to provide for LaVerkin.  They are asking for an exclusive easement for rights to put their facility in the park.  Questar and home owners would prefer the park.  Lot One is cheaper but if they bought the land in the park, or given an exclusive easement, the city would have the funds to improve the park.  Kevin states the fact that they have a land-dedicated park so Questar cannot place the facility in the park. 

The issue for the Planning Commission is for zoning that lot to allow the facility.  Kevin reminds Commissioner Howard that the one-half was decided to change to one-quarter but in clerical error not properly changed in the ordinance.  Commissioner Howard doesn’t believe to have an overlay. 

Questar has issues with providing service without this facility.  Questar is making a similar facility in Hurricane which is allowed.   Kevin states their high pressure lines are near the homes and Questar reminds they are already there.  Kevin sees a potential safety issue and Questar agrees.  Questar reminds that the residential area was built around their birdcage facility.  Questar wants to build a regulator station to lower the pressure … bring in on high pressure line to distribute at a lower pressure to residents and businesses.  Questar says there is no way around getting the gas to the people.   Questar states that in other cities they are given permission to put them where they are needed.  Commissioner Hirschi says they ones in Hurricane are 25-30 feet from residents.  Questar states they are overcautious in their safety and don’t feel the facilities are dangerous.  Becky Marchal states they are inspected and lines are tested and repaired as requested.  Questar’s goals are safety and provide gas economically.  Questar wants to provide the gas to residents and business and need to build this facility to upgrade LaVerkin’s systems.  Becky Marchal states the need to upgrade to have the right pressure.  Commissioner Hirschi understands the predicament because they were there before the residences and now they are restricted.   Kevin reminds Questar that they were given the opportunity to speak out while the residences were being built.  Questar states that since the development was built they now require increasing the size of the regulator.  The birdcage is not safe as it stands now.  Derek Hall’s, a homeowner, position is that they don’t support the building now as formerly proposed by Questar.  They no longer support putting it on Lot One but the homeowners also don’t want to stop the facility.  They would like it in the park by the volleyball court.  Kyle Gubler states from the staff they would like it in the park too, but legally the City cannot put it there because of the way the city acquired the land.  He has gone over this with Kevin and the city’s hands are tied and cannot allow it in the park.

Commissioner Andregg and Commissioner Howard state the Planning Commission is being held hostage.  Commissioner Howard requests the discussion go on without the Planning Commission.  Commissioner Howard doesn’t know how the city will develop in the future.  He would like the flexibility to accommodate as the city grows. 

Adjourn:  Motion to adjourn by Commissioner Howard, second by Commissioner Hirschi. Motion carried with Andgregg, Hirschi and Howard voting yes at 8:07pm.

Minutes taken on behalf of the City Recorder by Katie Wilson.