Call To Order:  Chair Stephen Sanders, Invocation by Invitation; Pledge of Allegiance

Approval of Minutes:  Commission may approve the minutes of the June 10, regular meeting.

Approval of Agenda:

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

Public Hearings and Possible Action:

New Business:
Rezone Request: Bart Penrod is requesting rezone for building at 195 W 500 N. to allow for a transmission shop. Planning Commission may recommend approval.

Annexation Review: Ken Anderson is requesting a review of annexation plans and proposal for Zion-Virgin River Zip Tour Program at Pah Tempe Hot Springs Resort located at 825 N. 800 E. in Hurricane Utah. Planning Commission may make recommendation.

Unfinished Business:
General Plan Update: Planning Commission may review and update the General Plan.

Adjourn:  

Present: Chair Stephen Sanders, Commissioners Anna Andregg, Dan Howard, Allen Bice; Staff: Lloyd Watkins, Derek Imlay, Kevin Bennett, Troylinn Benson, June Jeffery, Kyle Gubler; Public: Karl Sorenson, Charlie Israel, Ray Justice, Lara Penrod, Toni Foran, Maurine Roberts, Karl Rasmussen, Ken Anderson, Russ Gallian

Commissioner Michael Hinckley arrived late. Commissioner Joe Webb was not in attendance.

Call To Order:  Chair Stephen Sanders at 6:00 p.m. Invocation and Pledge of Allegiance – Dan Howard.

Approval of Minutes: Motion by Commissioner Andregg to approve the minutes of the June 10, regular meeting, second by Commissioner Bice. Motion carried 4-0 with Sanders, Bice, Andregg, and Howard voting yes.

Approval of Agenda: Motion by Commissioner Andregg to approve the agenda with clarification that Item 1 under New Business would be for conceptual approval, second by Commissioner Hinckley. Motion carried 5-0 with Sanders, Bice, Andregg, Howard and Hinckley voting yes.  

Reports:  
Beautification Committee: Maurine Roberts informed the commissioners that the judging for the Eastern Washington County community beautification contest would be on October 23rd. The committee is looking to have a city-wide clean-up on the 17th focusing mainly on State Street. They will be working with UDOT for safety vests etc. There will be signs posted to notify citizens of the project. The committee is also focused on acquiring and planting the trees that were donated by the Rotary Club.

Director of Operations:
At The Edge, a consignment business, is opening in the old Chum’s building.
There was a building permit taken out by the Mountain View Bible Church for an addition that will double their current size. The addition will be on the North/East side of the existing building.
Crew is working on an irrigation clean out at Main Street near the cemetery. The 12” valve should be installed by tomorrow.
Working on the new filters at the irrigation filter station. Engineers have approved the conceptual design. Will meet with Rocky Mountain Power and electrician for 3 phase power. Calls for irrigation problems have gone down. Still a little debris getting through. Good pressure throughout the city. Zion View is weakest.

New Business:
Rezone Request: Bart Penrod requested a rezone for building at 195 W. 500 N. to allow for a transmission shop. Derek gave a brief history on the building. Penrod received approval for a 7-unit building to be located at the west side of Farmer’s Market several years ago through the conditional use process. He built one of the units for his real estate office at that time. He requested a building permit last year to finish the building. In the interim there had been a rezone from General Commercial to Retail Commercial. Penrod was notified at that time of the zone change and again at the time of the building permit. Staff would recommend that the zone be tweaked to allow for similar uses with conditions of possible set-back from State Street to locate in the retail zone. There needs to be care that the appearance along State Street will be protected. Staff believes that there will never be a perfect way to buffer between commercial and residential in LaVerkin. The building walls are 18’ on the residential side, and act like a sound barrier. Imlay referred to concerns that some had about noise, and odors and believes that those concerns could be used in the list of conditions to tweak permitted uses in the zone.

Russell Gallian, attorney for Mr. Penrod, stated that Charlie Israel wanted to rent a substantial portion of the building and that he would be replacing the current use with a transmission shop. He reiterated that when the building was allowed under a conditional use permit in 2004, the uses that were proposed were in context with the General Commercial zone. 2006-2007, the zone was changed to retail commercial and then amended. Penrod had spent $1.5 million to build and now was being told that there would need to be a zone change to allow the use originally proposed. There was minimal office space, the major part of the building was for storage and developer’s space. The transmission shop works well in this building and will generate 3-5 jobs. It is expected that $30,000 per year will be generated through sales tax. He stated that the new zone only allows permitted uses and no non-permitted uses, and no allowance for conditional permits. Gallian read a portion of a letter Mr. Imlay had written in July 2008 with the application to finish the building, stating that the building would have “the same conditions, approvals and zoning” as approved with the original building in May of 2004. Penrod then expected the same application of zoning and condition to apply to his building, even though the rezone applied to a bigger area. Gallian said the new tenant expects to be in place by August 1st and that Mr. Israel has said that the operation is very clean, there is no pollution and oil is strictly handled in disposal tanks. Gallian requested that this conditional use permit be allowed as the building doesn’t fit the uses listed in the current zoning. He discussed case law from Western Land Equity vs. City of Logan. This is a substantial economic hardship/barrier created by the rezoning of the property.

There was brief discussion that the rezone would make a permanent change to the property, allowing any other general commercial activity to locate there.

Allen Bice wondered if there would be cars for repair parked, or would the company only be receiving transmissions for repair. Gallian stated that parking would not be an issue - there may be a couple of cars. Mr. Israel stated that he will rent the 2nd section of the building to park cars - there will be no vehicles outside. The large doors make it very accessible for the car to be parked inside.

There was a question from the commission about whether this is a conditional use permit, or whether the use is grandfathered. Kevin Bennett stated that the conditional use permit is vague and only allows the building in the commercial zone. There was a public hearing with the zone change. Bennett was concerned about “detrimental reliance” and that the building, which is obviously meant for this type of business – with garage doors, was allowed to be built. Grandfathering is applied to a use that continues. There has not been a use, so there is no grandfathering. Conditional uses are attached to the use, not the structure. He would suggest that this business be allowed because of the detrimental reliance concern, and that the ordinance be written to allow this type of use with conditions.

Michael Hinckley wondered about selling the individual units as opposed to renting. Gallian stated that the condition would allow the sale, but not require. There was discussion that the only area in the building with an occupancy permit is the office and before the remainder of the building could be occupied, the inspection list would need to be completed and signed off by city staff, Ash Creek, and the Fire Department. Mr. Israel will be sharing the office with Penrod’s real estate office.

Planning Commissioners stated agreement with the concept. There was more discussion about grandfathering. Discussion that before the zone change, the use was very clear, but the use permit was not acted on for a couple of years. Grandfathering exists only for the use that was in place at the time of the zone change. The city allowed the building to be built, and there is a need to legitimize this building.

There was discussion about moving the item to City Council. Council meeting will be July 15th. There will need to be direction for conditions to allow businesses as expected in this building. The city gave reliance by allowing the building permit, and through the letter. This and allowance for possible future use need to be fixed.

Motion by Commissioner Howard to recommend allowance of this use based on the conditional use permit granted in 2004, with occupancy subject to the Certificate of Occupancy regulations, second by Commissioner Hinckley. Motion carried 5-0 with Sanders, Hinckley, Bice, Andregg, and Howard voting yes.

The item will be on the July 15th City Council agenda.

Annexation Review: Ken Anderson requested a review of annexation plans and proposal for Zion-Virgin River Zip Tour Program at Pah Tempe Hot Springs Resort located at 825 N. 800 E. in Hurricane Utah.

Derek Imlay stated that staff’s position has been stated in the letter written by Kyle Gubler in the packet. There will be no further recommendation and commissioners may make any recommendation to City Council.

Hinckley wondered if an annexation or development agreement had been written yet. Kevin stated that the agreements cannot be completed until Council gives direction. He also stated that there a lot of issues coming out simultaneously concerning this annexation. The County is challenging the validity of the annexation; Washington County Water Conservancy District ownership and access ownership; Hurricane has written a protest letter and has given oral protest with the land use authority; and Hurricane has updated their annexation plan to include this area. Toni Foran, a Hurricane employee, stated that the area has always been part of Hurricane’s annexation plan. Bennett stated that the new plan shows the area as proposed.

Sanders wondered if the property was currently in the County. The developer stated yes. Hurricane has said that part of the road is located in Hurricane. Karl Rasmussen, the project engineer, said that the project has UDOT approval for the access. There was a meeting with the WCWCD, who expressed no objections to the zip line as long as Ken meets the conditions listed. He handed out a memo from Barbara at the Conservancy District. The conditions come from the settlement between the District and Mr. Anderson. “…including but not limited to:

• Full payment of Scott Stratton for work performed under settlement agreement,

• Warrantee deed and clear title (all encumbrances cleared) to property that should have been deeded to or retained by District under settlement agreement,

• Updated Addendum with realistic deadlines completed,

• Engineer’s confirmation that zip line as designed will not interfere with District functions,

• Dedication of public road finalized and executed.

We anticipate receiving further information from you to ensure that we fully understand the proposal prior to executing any easements.
We anticipate executing the necessary easements to facilitate the zip line project once the above requirements have been met.”

Rasmussen handed out a copy of a warrantee deed from January 2007. He stated that the Conservancy District said that though the time for the settlement had lapsed, they would be willing to work with Mr. Anderson.

Sanders wondered about completion of the items spelled out in Kyle’s letter. 1) Culinary water would not to be installed prior to City Council, but all paperwork needs to be in place. Cost for the water line will be shared with the Conservancy District. Originally the District would not allow the line to run on the existing trestle, but is now willing to do so. Still need to get River Agency approvals for stream alteration. WCWCD has pipe specs that will be followed. 2) The agreements can’t be written until City Council gives input. 3) Title report has been given to staff. There are a lot of exceptions, but it was submitted, and the warrantee deed should take care of those concerns. 4) Documentation from all property owners include the memo from WCWCD laying out their criteria. They won’t sign easements until all other conditions are met. 5) Public road. WCWCD has a Mylar from 2006 dedicating roads to LaVerkin City.

Kyle wondered about Rocky Mountain Power. Rasmussen said they will have to raise the lines and will be under the same concerns with the State Engineer to cross the river with 30’ from bank full requirements. Derek has met with Tom Shirley. The power company has been set in motion.

Kevin mentioned that the WCWCD plat had some problem that needed to be corrected. The plat needs to show that they retain the rights for the pipelines already laid.

Discussion about the water lines and service from Hurricane. Reference to a tug-of-war between cities. Rasmussen believes it is best to have the development all in one city. The developer has already applied to LaVerkin. He doesn’t see a concern if part of the road is in one city or all in the same city. Similar to any road that begins in one place and runs through another. It is up to the two jurisdictions to work that out. Expression that the city should decide and let the County make the final -  and how long the County may want to review.

Sanders is concerned about the level of comfort to send the item to City Council. Planning Commission would like to see the items completed before sending it on. Discussion that City Council would require everything to be complete prior to the annexation. The annexation and development agreements cannot be done until the developer meets with City Council for direction.

Motion by Commissioner Howard to recommend approval to City Council subject to the staff recommendation letter, second by Commissioner Andregg. Motion carried 4-1 with Sanders, Andregg, Howard, and Hinckley voting yes, Bice voting no.

Kyle Gubler restated that staff would need adequate time to review any paperwork, including staff, engineer, and attorney.

Unfinished Business:
General Plan Update: Chief Watkins discussed the duties of Law Enforcement. He would like to include a statement in the General Plan to maintain a ratio of 1 certified/sworn officer per 1,000 citizens. He discussed ratios throughout the states and that different agencies vary depending on duties, facilities and area covered. Hurricane is currently at 1.7, St. George is at 1.97, LaVerkin was at 1.3 when this General Plan was written. The city is currently at about .45. The department is in the process of hiring another officer, but to gain the desired ratio, the city would need 5 officers for “one-officer 24/7” coverage.

Commissioner Hinckley read 9.4 Emergency Services – Law Enforcement in the General Plan.
1st paragraph: include goal of one sworn officer /1,000 ratio.
2nd paragraph: delete capacities in St. George center and state “provides support”.

Fire and Ambulance: There are a lot of changes in this section, and with the Fire District coming there will be more. Allen Bice has just passed tests to be certified with the fire department. He will pull the information together for the update.

Fire Protection Policies: Michael would like to include a 4th item: require road access for emergency vehicles including turn around.

Emergency Preparedness Policies: Chief Watkins discussed the current city emergency plan. It is made to mesh with the County and State plans. The city doesn’t have resources, but will respond similarly.

Watkins will prepare update information on the law enforcement items.

Adjourn: Motion by Commissioner Howard, second by Commissioner Andregg. Motion carried 5-0. 7:30 p.m.


Minutes taken by June Jeffery

 

Stephen Sanders, Planning Commission Chair

 

Date Approved, August 12, 2009