Planning and Zoning Commission Meeting

Planning and Zoning Commission Meeting

will be held at 6:30 pm on

WEDNESDAY, JANUARY 14, 2009 at the

Town Hall in Virgin, 114 South Mill Street

WORK MEETING: 6:00pm Virgin Town Hall

Review minutes; general discussion

REGULAR MEETING: 6:30pm Virgin Town Hall

1. Call to Order.

2. Declarations of Conflict of Interest.

NEW BUSINESS:

3. Close Public Meeting and Open Public Hearing on the following items:

Note: For the most part, tonight’s public hearing is being held as a legal formality as part of the process to amend our Land Use ordinance. Over the course of many months, the town has updated, added to, or otherwise amended various chapters in the Virgin Uniform Land Use Ordinance (VULU). Most of the hearing items are related to these changes. Because of this, the necessary research has been conducted and legal opinions have been obtained relating to these issues. Therefore, it is the intent of the Planning Commission to recommend action on most of these items tonight.

a. Division of Land Waiver and Concept Plan for “Four Winds” subdivision, parcel V-96-A-2, located on the north side of 225 NORTH / St. Francis Street. A legal description of this property is on file in the Town Office;

b. Amendments to various chapters of the Virgin Uniform Land Use Ordinance (VULU) as follows:

1) Chapter 3-1, Board of Adjustment (BOA): Appointment, Term and Removal to match state code requirements.

2) Chapter 4-16, Supplementary and Qualifying Regulations, Water and Sewer Requirements to allow for independent sewer systems.

3) Chapter 4-18, Supplementary and Qualifying Regulations, Lots and Dwellings on Private Streets-Special Provisions, to eliminate conditional use permit requirement and give power to Board of Adjustment.

4) Chapter 8-3, Town Standards, Conditions, and Conditional Uses. Conditional Use Permit Requirement regarding applicability of new development standards to existing uses.

5) Chapter 8-13, Town Standards, Conditions, and Conditional Uses. Standards for Conditions by use to add standards for trail ride staging and wineries.

6) Chapter 8-13(g), Town Standards, Conditions, and Conditional Uses. Standards for Conditions in consideration of existing septic tanks for restaurants.

7) Remove the entire Chapter 18, Mobile Home District (MH).

8) Chapter 24, Open Space District (OS) to add date of adoption.

9) Add definition for "Primary Use".

Remove "other uses" from all zones.

Add a requirement to purchase outside water supply if approved use exceeds one Equivalent Residential Unit (ERU) per acre.

Adopt the International Building Code (IBC).

Amend requirements for building permits.

Add “casita” with standards, as a conditional use in the Rural Residential Zone.

4. Close Public Hearing and Open Public Meeting.

5. Review, discuss, and possibly recommend action on the items covered at the public hearing:

a. Four Winds Subdivision Division of Land Waiver (Joel Haws and Sharon Bagley)

b. Amend VULU as follows:

1) Chapter 3-1 to match state code

2) Chapter 4-16 to allow independent sewerage treatment systems

3) Chapter 4-18 to eliminate conditional use permit requirement and give power to Board of Adjustment

4) Chapter 8-3 regarding applicability of new development standards to existing uses

5) Chapter 8-13 to add standards for trail ride staging and wineries

6) Chapter 8-13(g) to consider existing septic tanks for restaurants

7) Remove the entire Chapter 18, Mobile Homes District (MH)

8) Chapter 24 to add date of adoption

9) Add definition for “primary use”; remove “other uses” from all zones; add requirement to purchase outside water supply if approved use exceeds one ERU per acre; adopt the International Building Code; amend requirements for building permits; add “casita”, with standards, as a conditional use in the Rural Residential zone.

6. Determine and/or recommend 2009 Planning Commission meeting schedule.

7. Review with possible approval of the minutes from November and December 2008 Planning and Zoning Commission meetings.

8. Review and work on new sign ordinance draft. (time permitting)

9. Commissioner comments.

10. ADJOURN Planning and Zoning Meeting.

Ray Golata, Town Clerk

Posted at the following locations on this 13th day of January 2009:

1. Virgin Town Hall Office 2.Virgin Post Office 3. Red Coyote Café

In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communication aids and services) during this meeting should notify Ray Golata, Town Clerk, at (435) 635-4695, at least 24 hours in advance.

NOTES FOR 1/14/2009

PLANNING AND ZONING COMMISSION MEETING

1) Chapter 3-1, Board of Adjustment (BOA): Appointment, Term and Removal to

match state code requirements.

NOTE: State code requires that members of an appeal board cannot have previously heard an item being appealed. This section of VULU currently requires one member of the Planning Commission (PC) to be on the BOA. However, since the PC is the body that hears all land use applications, one of its members cannot sit on the BOA.

2) Chapter 4-16, Supplementary and Qualifying Regulations, Water and Sewer Requirements to allow for independent sewer systems.

NOTE: VULU Division of Land Chapter 9 Section 3(5)(b)(1)(x) already allows individual septic systems, and this should be clarified in Chapter 4-16.

NOTE: This section relates to flag lots, which are not allowed in VULU. Therefore, authority to take action on flag lots approvals is assigned to the BOA.

9) Add definition for "Primary Use".

NOTE: This definition becomes necessary if new development standards are applied to a secondary use only when such use occurs on an existing commercial lot (ex: Rockin K Riding Stables at Fort Zion).

Remove "other uses" from all zones.

NOTE: This action was recommended long ago by the Utah League of Cities and Towns. Town officials agreed this should happen.

Adopt the International Building Code (IBC).

NOTE: This is another formality since the Town Council has already adopted a resolution announcing its intent to adopt the IBC. The Council is simply awaiting recommendation from the PC to do so.

Amend requirements for building permits.

NOTE: The town wants its requirements to match the IBC requirements for building permits. Additionally, we want input from residents on the types of structures that should go through a design review and, therefore, require a building permit.

Add “casita” with standards, as a conditional use in the Rural Residential Zone.

NOTE: Casitas, or mother-in-law apartments, were favored in the Vision of Virgin survey. Updating VULU to include this use is another step in implementing the survey results.

FINAL

VIRGIN TOWN PLANNING AND ZONING

COMMISSION MEETING MINUTES

Wednesday, January 14, 2009

Present:

Members: Adele Pincock, Chair

Larry Amodt

Chris Downard

Daniel Snyder

Kim Spendlove

Others: Ray Golata, Town Clerk

Lee Ballard, Town Council Planning and Zoning Liaison

Sharon Bagley, Representing Four Winds Subdivision

Lenny Brinkerhoff

Kelby Jackson

Nicole McDermott, Representing Form Tomorrow

Dennis Parker, Representing Four Winds Subdivision

Gene Sturzenegger

David Varga, Representing Four Winds Subdivision

Kenton Wilson

Kody Wilson

REGULAR MEETING

Call to Order.

Chair Adele Pincock called the meeting to order at 6:30 p.m.

Declaration of Conflicts of Interest.

There were no conflicts of interest declared.

NEW BUSINESS

Close Public Meeting and Open Public Hearing on the Following Items:

Chair Pincock commented that the public hearing items primarily consist of changes that need to be made based on other updates and amendments to the zoning ordinance. Research was done and legal opinions obtained on the primary items.

Chris Downard moved to close the public meeting and open the public hearing. Kim Spendlove seconded the motion. Vote on motion: Kim Spendlove-Aye, Larry Amodt-Aye, Adele Pincock-Aye, Chris Downard-Aye, Daniel Snyder-Aye. The motion passed unanimously.

a. Division of Land Waiver and Concept Plan for “Four Winds” Subdivision, Parcel V-96-A-2, Located on the North Side of 225 North/St. Francis Street. A Legal Description of this Property is on File in the Town Office.

Chair Pincock reported that the division of land waiver forgives the requirement of presenting preliminary and final plat to the Board. Recordation and drainage issues were discussed.

The meeting was opened to public comment.

Mr.Golata commented that the Town Engineer did not conduct an on-site visit, which might explain why he did not recognize the turnaround. Chair Pincock thought it would be necessary for the Town Engineer to visit the site.

There were no further public comments.

b. Amendments to Various Chapters of the Virgin Uniform Land Use Ordinance (VULU) as Follows:

1) Chapter 3-1, Board of Adjustment (BOA): Appointment, Term, and Removal to Match State Code Requirements.

Chair Pincock reported that State Code does not allow a member of an appeal board to have previously heard the item being appealed. The Town’s ordinance requires a Member of the Planning Commission to serve on the Board of Adjustment. In her opinion it was unreasonable to think that a Member of the Planning Commission serving on the Board of Adjustment would not have heard an item previously. As a result, the intent was to do away with the requirement that a Member of the Planning Commission serve on the Board of Adjustment to comply with State code.

There were no public comments.

2) Chapter 4-16, Supplementary and Qualifying Regulations, Water and Sewer Requirements to Allow for Independent Sewer Systems.

Chair Pincock commented that the above issue involves a portion of Chapter 9, which allows for independent sewer systems. Chapter 4-16, however, does not. The existing and proposed language was reviewed.

There were no public comments.

3) Chapter 4-18, Supplementary and Qualifying Regulations, Lots and Dwellings on Private Streets – Special Provisions, to Eliminate Conditional Use Permit Requirement and Give Power to Board of Adjustment.

Chair Pincock stated that the intent was to amend the chapter to eliminate conditional use permit requirements and give power to the Board of Adjustment. She stated that it makes more sense for the Board of Adjustment to hear these types of issues since the standards in Chapter 8 for conditional uses do not fit. Town Council Member Lee Ballard stated that the Board of Adjustment Chapter already gives the Board that power. There were, however, other places in the ordinance where there are conflicts. It was noted that currently a conditional use permit is required to build on flag lots.

Lenny Brinkerhoff expressed concern with flag lots and the ability to access someone’s property. Chair Pincock responded that perhaps more work and research on flag lots was necessary. She clarified that the purpose of tonight’s discussion was to remove the requirement for conditional use permits, which is a conflict in the ordinance. Ms. Brinkerhoff did not agree that it was an issue that should be addressed by the Board of Adjustment. Lee Ballard preferred that the conditional use permit requirement be removed and the issue of whether to allow flag lots researched separately.

There were no further public comments.

4) Chapter 8-3, Town Standards, Conditions, and Conditional Uses. Conditional Use Permit Requirement Regarding Applicability of New Development Standards to Existing Uses.

Chair Pincock stated that a public hearing was held on the above matter previously. She explained that the issue was being addressed because of changes to the Commercial Zone and the Highway Resort Zone. She explained that some lots in Town have existing uses with the possibility for additional uses on the lots. Fort Zion was one example. The determination to be made was whether to make a distinction by adding a definition for “primary use” and accept some of the new standards that apply to that use which is already in conformance with all of the rules and regulations. The secondary use would have to be meet the new standards already adopted.

There were no public comments.

5) Chapter 8-13, Town Standards, Conditions, and Conditional Uses. Standards for Conditions by Use to Add Standards for Trail Ride Staging and Wineries.

Chair Pincock explained that the Planning Commission developed a list of standards previously for trail rides. Sample standards for wineries were also submitted. She noted that the Town Council approved a conditional use permit for the Red Rock Winery with very specific conditions.

There were no public comments.

6) Chapter 8-13(g), Town Standards, Conditions, and Conditional Uses. Standards for Conditions in Consideration of Existing Septic Tanks for Restaurants.

Chair Pincock stated that the intention was to amend the language so that septic tanks in existence prior to the new standards being adopted are given special consideration. Lee Ballard explained that when the Town signed the contract with the Water Conservancy District there were a number of existing uses and ongoing projects. It was recognized that there might be other more intense uses that will be grandfathered in.

7) Remove the Entire Chapter 18, Mobile Home District (MH).

Chair Pincock stated that removal of Chapter 18 was recommended due to the fact that it was unlikely that the chapter will be used again. The Town was advised by professionals to remove unused chapters from the zoning ordinance.

There were no public comments.

8) Chapter 24, Open Space District (OS) to Add Date of Adoption.

Chair Pincock clarified that the objective was to add the date of adoption to the location section. When the chapter was adopted the intent was that any lands that were public on that date would be included in the Open Space District. The proposed amendment was read. Chair Pincock clarified that the location includes all public lands as of the date the chapter was adopted.

There were no public comments.

9) Add Definition for “Primary Use”.

Chair Pincock stated that the above definition relates to the standards discussed earlier. If the Town decided that it wanted flexibility to apply development standards relative to new development and provide flexibility for some of the existing conforming enterprises, a definition should be added for primary use. Specific examples were given.

There were no public comments.

Remove “Other Uses” from All Zones.

Chair Pincock stated that some chapters were not included when “other uses” was removed previously. Professional planners from the Utah League of Cities and Towns advised Virgin and other municipalities to remove the clause from the zoning ordinance.