LAVERKIN CITY PLANNING COMMISSION

Regular Meeting

Wednesday, January 11, 2012 6:00 pm.

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

Present: Chairman Anna Andregg; Commissioners: Michael Hinckley, Hugh Howard, Dan Howard; Staff:  Kyle Gubler, Derek Imlay, Kevin Bennett, Christy Ballard; Public: Richard Hirschi, Blair Gubler

I.              Call To Order: Chair Anna Andregg at 6:04 pm

Invocation and Pledge of Allegiance given by Dan Howard

II.           Appointments:

1. Kyle Gubler swore in Hugh Howard

2. Commissioner Dan Howard nominated Anna Andregg for Chair, second by Commissioner Hugh Howard. There were no other nominations. Motion carried unanimously

Commissioner Dan Howard nominated Commissioner Michael Hinckley as Chair Protem, second by Commissioner Hugh Howard.   Motion carried unanimously

III.         Approval of Minutes:

Motion was made by Commissioner Michael Hinckley to approve the minutes of

November 9, 2011, second by Commissioner Dan Howard.  Motion carried unanimously.

Approval of Agenda:

Motion was made by Commissioner Dan Howard to approve the agenda, second by Commissioner Michael Hinckley.  Motion carried unanimously.

IV.        Reports:

Beautification Committee- no one to report

Economic Development Committee-no one to report

Trails Committee-no one to report

Director of Operations-Derek Imlay

1.        Animal Shelter is done. He invited the Commissioners to stop by and look at shelter.  Commissioner Hinckley asked if it was being used yet and Derek explained the issue they had with the floor.  Before that they did have three dogs in there.  They are in the process right now of moving the dirt pile, and building up the road to the shelter. They are also going to be putting in a four foot high fence along the ledge.

2.       Larry Montoya and Derek met regarding the lights on the bridge. Prior to that meeting Derek had talked to the person that installed the lights and he is sending one of the lights that had come off in the wind up north who will then send it on to the manufacturer back east to see what new product they can bring back to the bridge that will not have the same issue.  There are several more lights that look like they are about to come down.  Hurricane Power services the lights on the bridge which may cause franchise issues with Rocky Mountain Power.  Derek also found out that Hurricane has a contract with the State to maintain the lights.

3.       Sunset View Estates-Derek met with the people from Park City that have bought the property.  They are connecting with the engineer that originally drew up the plan and will be reapplying so that they can finish the subdivision. Commissioner Howard asked if they were still planning on a park.  Derek stated the overall plan would have some pavilions and grass.

4.       Korita's is still planning on opening but they ran into a power meter issue so they are working with the owners of the property to get it re-routed.  They have installed the grease trap. The inside work has been stopped until they get the City a set of plans to show the remodeling.  They will be located just off of 300 North and State

V.           Business:

A.     Discussion of the concept of allowing multiple dwelling on large parcels in R-A-1 and R-1-14 zones

Kevin Bennett went over the meeting held a year ago, when priorities were being discussed                                                                                                                                                     and the idea of thinking outside of the box and not be held in by the past, came about.  The    result of that idea was the Hillside Ordinance and also CPUD's.  This made it possible to    resolve such issues as the Penrod building, and the property that was going to be a hotel.      There have been some large parcel property owners that have come to the city interested in developing their property in such a way to allow family members to either build on it, or         wanting to allow more than one immediate family member to live in the home.   This may   create the need for adding on to the home turning a single family dwelling into a multiple        family dwelling.

Mr. Bezette is one of those property owners.  He was here a year ago; he and his attorneys have come to the City again this past week.  We are not discussing Mr. Bezette's property specifically or determining whether or not the Staff's interpretation of the codes is accurate or fair.  This discussion is staff initiated in an attempt to address some issues brought up by property owners of large parcels.  And to see if the Commission is   amenable to some flexibility with regards to these large parcels in the R-A-1 and R-1-14 zones.

Kevin discussed some of the issues that would go along with changing those zones.

1.       Access, typical as well as Emergency vehicles.  Public or private roads

2.       Frontage

3.       Utilities, how to service utilities if they have more than one home on the property

4.       Enforcement, pointing out that family compounds, as they are sometimes called, don't and really can't remain as such

The staff has been trying to be proactive. A year ago there was talk regarding some of the

properties that adjoin the Resort Zone.  Kevin went over the type of housing typically located in Resort Zones and stated that in the previous discussion buffer or transitional zones were brought up but some of the Commissioners did not like that idea.  However, it can be something to think about now.  There was some thought then about doing something with the R-A-1 and R-1-14 Zones, since there is a large amount of property, that would allow multiple dwelling structures being situated properly so that in the future if divided off they would all still fit the code without the property owner having to come up with all of the costs up front.

Upon reviewing the Code, Kevin came across a term "dwelling group "as a definition but states that it does not appear anywhere else in the Code.  There is permission in the R-1-10 Zone for duplexes, town houses and twin homes.  That is a concept that may not help Mr. Bezette but will give him some tools.  Kevin did invite Mr. Bezette's attorneys to this meeting. They are not here now but may come later and want to give some input for the Commissioners to consider.  Derek and Kevin have given it a lot of thought and wanted to see how the Planning Commission wanted to look at it or if they even thought it was possible.

Derek explained some of the issues that the city could have regarding the current Fire Code, stating that a fire hydrant needs to be within 400ft of the furthest point of the home and within 250ft of the furthest property line on a dedicated city street.  If Mr. Bezette wants to change anything on his property at this point it would require an upgrade to be done.

Derek also went over Code 10-7-2, lot standards. Taking the Code as it exists now and using Mr. Bezette's property as the model for properties that have large acreage.  Mr. Bezette's property does not currently meet this code.  Stating that anyone building a home in La Verkin not on a dedicated street is required to dedicate the parcel of property needed for the street as well as put in the curb, gutter, sidewalk, and half of the asphalt plus ten feet. Or pay the city equivalent, the City in turn, takes that money and does a road project where they may incorporate a larger section depending on if they will be doing anything else there.

Commissioner Hinckley asked how much of 480 S. was dirt and how much was paved.  The first 100 feet approximately is paved, the remainder is dirt.

The other requirement for R-1-14 and R-A-1 zones is 100feet per building of frontage on that dedicated street.  If we did those things that have been discussed, Mr. Bezette would qualify to build three homes under the current zoning.  However, if they cluster the homes together to close, when they decide they want to divide it, the homes would not meet the current zoning setbacks and it could not be approved.

Derek went over different possibilities of the utility services, such as having a master meter that would service all of the homes on the property.  The property owner would be responsible if bill did not get paid.  Another idea is a towns home affect, with zero lot lines.   Cluster on buildable property and then open the rest up to an open space. This may also take care of the issue of people having a large lot but not being able to take care of it.

At this point the City would require a certain amount of footage, if there is 100 feet required for that zone then it may be changed to 150 feet to allow the additional building.  Off street parking would also be required.  Planning Commission would need to decide on the open space.  Derek mentioned that the Planning Commission has already put a lot of thought in this and that he has been working on it, time permitting, but with the attorney's showing up it has been moved it to the top of the list.

Kevin went over what was stated in Mr. Bezette's proposal, the master meter idea as well as just running the services individually.  He also discussed the pros and cons, saying it is like a condominium conversion situation, and that it is also important to remember that laws change.   Something you are vested in today could have different rules in the future.  He has given some sample language for the R-A-1 and/or the R-1-14. Kevin stated that we are not bringing Mr. Bezette's case here because there are other issues that go along with that, but that they are using it because this might be a tool for Mr. Bezette.  He also discussed one lot subdivision, stating that it was one of those times where the Planning Commission looked outside of the box to make it possible for a property owner to do something to let their family live nearby.  That is another option for this situation.

Commissioner Hinckley asked about it becoming commercial, like an apartment, having the same issues with meters and sewage systems and water.  Kevin went over the master meter option stating that PUD's work better in that situation. They will not be allowed to sell any of those homes and that brings up another issue with a "family compound".  How do you enforce that they are not renting them out or that they don't sell one.  As far as it being a commercial issue, it will be like being the landlord owner, so it will be basically like an apartment.    Kevin suggested a small PUD or a situation where there is a clustering approach, where the land could be divided up a little more uniquely so that the land is open and also so that you won't need to enforce who is in there.  There are no rules stating that owner occupied has to be, that the owner can't rent it out.

Richard Hirschi asked about mother in law houses requiring separate hook-ups for sewer.  Blair Gubler stated he believes that if it goes through the front residence and are tied together then they don't.  Commissioner Dan Howard commented that there is no sewer down by Mr. Bezette's residence so anyone that builds there will need a septic system.  Blair explained that if it is a pre-existing lot before a certain year you can put in a septic system.  Otherwise they would have to follow the Ground Water Study that was done by the Conservancy District.  Derek asked Blair if Mr. Bezette received permission from Ash Creek to add on.  Blair thought he did as long as the existing septic tank would work.  There was not enough acreage to do two separate septic tanks.  The Health Department told Mr. Bezette that his septic tank had enough capacity to add on but that it would max it out.  Derek commented that Mr. Bezette's situation is unique, that most people are on the sewer system.  It was asked if approval was given to Mr. Bezette for the new home he is planning or for the existing home.   Blair stated that he would need to double check on that because it has been a year, but that he thought it was for the new one.  He also said that Ash Creek tries to work with the cities and the Health Department.  Kevin brought up the issue of impact fees and the impact on the septic tanks.  Blair commented that the septic tank was designed to handle that impact so the only thing Ash Creek gets involved with is if they have to upsize that septic tank or leach fields then it will go before their Board.  Derek commented on all the issues it seems to bring up.  Commissioner Dan Howard stated that if this is allowed then you have to not allow further division of that property.  If it is a cluster dwelling then it needs to stay a cluster dwelling.  Otherwise you have co-mingled septic systems and power systems that will just create problems for owners in the future.

Blair explained the upper phase of Harrisburg, stating that they started as a master meter and then divided them off.  Now it has a master meter but every lot is individually owned.  It has been a problem when they have come in to contest how much water they have used.  It is a concept that needs to be looked at.

Kevin stated that it is a question that has been answered in the past by subdividing.  Mr. Bezette isn't the only one that wants a family compound.  And wondered if there is something that can be done or does the Planning Commission just want to leave it alone?  Does the Planning Commission know why there is even a reference to it in the code?  Commissioner Dan Howard remembers discussing it before and the Commission was amenable to it and the staff was against it.  He also stated that he will work with the staff whichever way they want to go but that it seems like there are some minefields with it that have been discussed and that if the Planning Commission decides to allow a cluster dwelling then it needs to remain a cluster dwelling.

Commissioner Hugh Howard asked if they clustered two homes could they go through the subdivision process.  Kevin answered that if they clustered at one end of the property with sufficient separation between them and frontage on the road that they could divide.  Another option is the zero lot line situations.  That would work with two homes but if there is a third then he doesn't know how you could divide it unless you had enough property that you could bring back the concept of the PUD.

Commissioner Dan Howard left at 6:59pm

Derek went over some of the options discussed and the consequences to those options.

Commissioner Hugh Howard asked if Mr. Bezette wants to build another structure.  Derek answered that he tried but that the staff had to stop him because he did not file any paperwork.  He also stated that he wished Mr. Bezette's Attorney's had been here to present their side to the Commissioners.  It will come before the Planning Commission again in February.  Derek encouraged the Commissioners to drive around and see the properties that this would affect.  They are welcome to come into the office and Derek will give them a zoning map.

Commissioner Andregg asked if the Hillside Overlay will be affected by the change.

Kevin Bennett commented that the Resort Zone will also need to be kept in mind when making a decision.

B.     Review and discussion of Priority List 2012

Commissioner Andregg asked the Commissioners if there was anything that needed to be added or switched.  There were no changes made.

C.     Distribution (for Commissioners review) of initial draft of Hillside Overlay Map

Derek will be getting a copy of the map he referred to in the meeting to the Commissioner's.                                      He went over the boundaries of the Hillside Overlay stating that they tried to follow the toe of slop as it comes down the hill, at the same time incorporate the existing subdivisions.   The only adjustment that was made was for a section that was brought up at the last public hearing for the Boy Scouts to use.  If the Commissioner's would like to make any changes or adjustments to the map, please let Derek know a week and a half before the next Planning Commission Meeting that way he can get those changes made and have it ready to be presented at that meeting.  The topside on its own is very restrictive on where you can build. The idea is for the home to least affect the view

Richard Hirschi commented that if it ever does get developed it will need some kind of ordinance.

Derek discussed a little bit of  the process that The Mosaic Subdivision went through and the PCD Ordinance that only pertains to topsides, stating that if the Commissioners get a chance to read that ordinance he thinks they will be satisfied.

Commissioner Andregg asked if the Overlay area incorporates anything for a future trail that would connect St. George to Zion.  Derek didn't think the area would work for a trail but that Sunset view estates has come in for re-application and they have a trail system behind there lots.  Also, Interstate Rock is online for a trail system that will go down around the school and houses, underneath the bridge and connect up with Riverwood and Confluence Park.

Adjourn:

Motion was made by Commissioner Hugh Howard to adjourn, second by Commissioner Hinckley.  Motion carried unanimously at 7:17pm.

Minutes taken on behalf of the City Recorder by Christy Ballard