April 13, 2011 PC Agenda & Minutes
LAVERKIN CITY PLANNING COMMISSION AGENDA
Regular Meeting
Wednesday, April 13, 2011, 6:00 P.M.
City Council Chambers, 111 South Main Street
LaVerkin, Utah 84745
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I. Call To Order: Chair Anna Andregg
Invocation and Pledge of Allegiance
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II. Swearing In of New Commissioner
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III. Approval of Minutes:
Commission may approve the minutes of the March 9, 2011 regular meeting
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IV. Approval of Agenda
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V. Reports:
Beautification Committee, Economic Development Committee, Trails Committee,
Director of Operations will present updates on meetings and activities.
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VI. Public Hearings:
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A. Ordinance No. 2011-__: An ordinance amending portions of Titles 9, 10, and 11, of the La Verkin City Code, to provide the legal basis for, and the rules and regulations associated with, Commercial Planned Unit Developments (CPUDs); providing for exemptions from certain public-street frontage requirements for CPUDs and certain other commercial developments; correcting and making consistent the language in the code relative to noncomplying structures; making certain grammatical, spelling, and citation corrections to the text of the code; and providing an effective date.
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B. Bart Penrod is requesting preliminary and final plat approval for a proposed Commercial Planned Unit Development (CPUD) project on property located at 195 W 500 N.
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VII. Business:
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A. Discussion and possible action on the approval for the Commercial Planned Unit Development (CPUD) ordinance.
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B. Discussion and possible action for the preliminary plat for the La Verkin Business Park (subdivision).
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C. Discussion and possible action for the final plat for the La Verkin Business Park (subdivision).
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D. Discussion of encroachments and setbacks and prescriptive easements.
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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 April 8, 2011.
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, April 13, 2011, 6:00 P.M.
City Council Chambers, 111 South Main Street
LaVerkin, Utah 84745
Present: Chair Anna Andregg; Commissioners: Allen Bice, Dan Howard, Richard Hirschi; Staff: Derek Imlay, Kevin Bennett, Katie Wilson; Public: Ray Justice, Lara Penrod, Willyne & Doug Beecher, Adam Showell, Ray & Joyce Potter, Josh Allred
Call to Order: Chair Anna Andregg opened the meeting at 6:01 pm. Invocation and pledge of allegiance was given by Richard Hirschi.
Anna Andregg asked the Planning Commissioners to review the Hillside Ordinance for the next meeting.
Swearing In of New Commissioner: Kyle Gubler was not present to swear in Richard Hirschi.
Approval of Minutes:
Motion made by Commissioner Bice to approve the minutes of March 9, 2011 regular meeting as written, second by Commissioner Hirschi. Motion carried with Andregg, Bice, Hirschi and Howard voting yes.
Approval of Agenda:
Motion made by Commissioner Hirschi to approve the agenda, second by Commissioner Bice. Motion carried with Andregg, Bice, Hirschi and Howard voting yes.
Reports:
•1. Beautification Committee: Allen Bice reported that there was only one committee member present at the last meeting.
•2. Economic Development Committee: nothing
•3. Trails Committee: nothing
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4. Director of Operations: Derek Imlay reported.
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a. Road Overlay Project - the Notice of Award was given to Holbrook Asphalt Co. during the last City Council meeting. Zion View phase 1& 2 and Main Street at 500 N to the north will be seal coated.
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b. Filter Project - A building around the control panels has been built, but because of vandalism a building will also be built around the filters. The building will not be started for another 2-3 weeks.
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c. SCADA system - The filter, water tanks, and Cottam Well will be controlled by computer. They will be able to turn them off by computer if there are problems, see the turbidity levels, and flow rates. La Verkin is one of the only cities without this format already. WCWCD is helping with the costs involved. When it is all online, Derek will show the commissioners.
Hirschi brought up a discussion of the enforcement of irrigation users using the water 24/7. Enforcement is hard to do. Derek informed the Commission that they are trying to educate users. The District can check meters and can shut the city off if we use too much and the city would have been shut off at the beginning of September last year if they had been measured then like they are now. They have visited a few people to talk to them and educate them. Our city code states that the city can regulate the irrigation usage if need be.
Public Hearings:
•1. Ordinance No. 2011-__: An ordinance amending portions of Titles 9, 10, and 11, of the La Verkin City Code, to provide the legal basis for, and the rules and regulations associated with, Commercial Planned Unit Developments (CPUDs); providing for exemptions from certain public-street frontage requirements for CPUDs and certain other commercial developments; correcting and making consistent the language in the code relative to noncomplying structures; making certain grammatical, spelling, and citation corrections to the text of the code; and providing an effective date.
Kevin Bennett restated to the Commission that this CPUD ordinance provides:
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a. Frontage on private access, preventing an "asphalt jungle"
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b. Small lot subdivision
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c. Corrects language
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d. Provides a planned unit development for commercial only
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e. Easier development of the downtown area.
Commissioner Andregg opened the hearing to the public hearing at 6:17 pm.
Commissioner Hirschi asked for clarification concerning the multiple Titles and Kevin explained. The staff is okay with this ordinance and it is going to City Council next week.
After no public comment Commissioner Andregg closed the public hearing at 6:18pm.
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2. Bart Penrod is requesting preliminary and final plat approval for a proposed Commercial Planned Unit Development (CPUD) project on property located at 195 W 500 N.
Derek pointed out the plats on the board. Before the Mylar will be signed there are still requirements by John Postert and Chief Kuhlmann that need to be met. Once those are finished there are no other issues.
After no public comment Commissioner Andregg closed the public hearing at 6:21 pm.
Business:
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1. Discussion and possible action on the approval for the Commercial Planned Unit Development (CPUD) ordinance.
Commissioner Bice was amazed at the inconsistencies in our code and thought this ordinance was well written.
Motion made by Commissioner Bice to accept Ordinance 2011-__ that has been discussed this evening for approval, second by Commissioner Hirschi. Motion carried with Andregg, Bice, Hirschi and Howard voting yes.
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2. Discussion and possible action for the preliminary plat for the La Verkin Business Park (subdivision).
Motion made by Commissioner Hirschi to approve the La Verkin Business Park preliminary plat, second by Commissioner Bice. Motion carried with Andregg, Bice, Hirschi and Howard voting yes.
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3. Discussion and possible action for the final plat for the La Verkin Business Park (subdivision).
Motion made by Commissioner Bice to recommend approval for the final plat, second by Commissioner Hirschi. Motion carried with Andregg, Bice, Hirschi and Howard voting yes.
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4. Discussion of encroachments and setbacks and prescriptive easements.
Derek Imlay requested that Mrs. Beecher speak to the Commissioners, which was approved.
Willyne Beecher passed out photos of her backyard to the Commissioners and explained that they are installing an in-ground pool and they have been in communication with Derek from the beginning of the project. The Beechers want to totally enclose the pool with a cinder block building around it and garage type doors as the entrance. There was a fiberglass pool previously and with the wind blowing debris in it they were constantly putting in new pumps. The city code now states that buildings must be 10 feet from the property line. Derek is okay with allowing 8 feet on the east side of the building but they need to encroach on the setback to the south by 5 feet. It is a common request in other cities and those are usually granted. The building will be attached to the home on the north side.
Adam Stowell and Josh Allred from Cutting Edge Pools and Landscaping and are working on this project, explained what other cities in the county do in these circumstances. Those cities have the utility companies sign off on it if there are no issues and then they grant a 3 foot setback. Adam and Josh answered Commissioner questions.
Derek explained that this is an easement and an ordinance issue.
Commissioner Andregg thanked the Mrs. Beecher, Adam and Josh for their time.
Derek passed out information from the Washington City and from the Saint George ordinances. He then explained what those ordinances state. Derek also explained why the Beechers are approved for an 8 foot setback on the east side.
Our ordinance states that a detached accessory building can be built within 2 feet of the property line but if it is attached to the mail building it must have 10 feet. Kevin explained that this is a contradiction.
Derek stated that if changes were to be made to the ordinance it would apply city wide and not just for the Beechers.
Mrs. Beecher explained that she is not requesting any home construction. The building will be attached to her home, but there will be no living space in it.
Derek went on to say that the possible ordinance change would require utility approval and only if the utility companies were okay with it would the city allow encroachments on the setbacks. The fire code would also be enforced.
There was a discussion of who in the utility companies would have the approval to sign the utility approvals.
The commissioners gave approval to proceed.
Adjourn:
Motion made to adjourn by Commissioner Howard, second by Commissioner Bice. Motion carried with Andregg, Bice, Hirschi and Howard voting yes at 7:01 pm.
Kyle Gubler swore Richard Hirschi in as Planning Commissioner for La Verkin City after the meeting was adjourned.
Minutes taken on behalf of the City Recorder by Katie Wilson
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