Rockville Planning Commission Meeting

September 08, 2015

Page 6

Rockville Planning Commission

September 08, 2015

Rockville Community Center

1.  CALL TO ORDER AND ROLL CALL – Chair Bob Ford called the meeting to order at 6:00p.m. The following members of the Rockville Planning Commission were present: Karen Lodinger, Jane Brennan, and Sharon Hatfield. Linda Brinkley was excused. Town Clerk Elaine Harris recorded the meeting.

2.  DECLARATION OF CONFLICTS OF INTEREST WITH AN AGENDA ITEM – Chair Ford reported a conflict of interest with the Arts to Zion matter. He stated that he would recuse himself from the discussion and vote.

3.  DISCUSSION AND ACTION ON AN APPLICATION FOR A TEMPORARY USE/SPECIAL EVENT PERMIT FOR THE BUTCH CASSIDY 10K/5K FUN RUN – TOWN OF SPRINGDALE – Joyce Hartless was present on behalf of the Butch Cassidy Fun Run Planning Committee. She reported that the number of runners will be capped at 450. It was anticipated that SR-9 will be closed from 8:45 to 9:30 a.m. and Grafton Road will be closed from 8:30 to 10:30 a.m. Police will follow the last runner.

Ms. Hartless reported that the Historic Rockville Bridge Fundraising Committee has received significant support from the Butch Cassidy Planning Members and have added them to their online registrations where contributions can be made directly to the Bridge Project. As of August 25, 108 runners have signed up and contributed $228. If that trend continues to all 450 runners, an estimated $950 in contributions will be raised. In addition, the Butch Cassidy Committee is allowing items to be placed in the SWAG bags. They have also agreed to contribute one-third of the proceeds, which will generate an additional $1,000 to $2,000.

Because the application is complete with the exception of the UDOT permit, which is still pending, and because the application complies with the requirements of Section 7.25, Special Event Regulations of the Land Use Code, Sharon Hatfield MOVED to approve the Town of Springdale’s application for a Temporary Use/Special Event Permit for the Butch Cassidy 10K/5K Fun Run with the following conditions:

1.  The Rockville Phone Tree shall be activated to alert residents to the date and time of the road closure.

2.  The UDOT permit be submitted to the Town Clerk prior to the event.

3.  Waive the fee as the event meets Section 7.25 of the Land Use Code, which provides that the fee may be waived if the event is charitable, not for profit, and is a direct benefit to the community.

Jane Brennan SECONDED the motion.

VOTE on motion:

Sharon Hatfield – Aye

Jane Brennan – Aye

Karen Lodinger – Aye

Bob Ford – Aye

The motion passed unanimously.

4.  ACTION ON A REQUEST FOR A CONDITIONAL USE PERMIT TRANSFER FOR THE CURRENT DREAMCATCHER INN LOCATED AT 225 EAST MAIN, ROCKVILLE – LEZLIE HELLER-BRANTLEY – The applicant, Lezlie Heller-Brantley reported that she is in the process of purchasing the business and plans to close the sale on September 28. The owners previously booked guests for several dates in October. In order to avoid disrupting their vacation, she would like to get the request approved now. The existing business will continue but the ownership will be transferred. Parking issues were discussed. Ms. Heller-Brantley reported that she walked the site and discovered that there is room for eight cars to park in front and three in back. Only four rooms can be rented and her son and his wife will be running the business. In all, Ms. Heller-Brantley was requesting eight parking spaces, all of which can be accommodated in front.

Sharon pointed out that the owner or manager must reside on the premises. She also made sure that Ms. Heller-Brantley understood that she is permitted to rent rooms but not the entire home.

With respect to signage, Chair Ford stated that the existing sign conforms in terms of size and lighting. Ms.Heller-Brantley stated that she will be changing the name from Dreamcatcher Inn to Zion Dreamcatcher Inn. She will incorporate the name change into the sign.

Whereas the application is complete with the exception of proof of ownership and whereas the applicant understands and agrees to comply with the standards in place when the original was granted as outlined in Section 6.2 regarding conditions placed on all bed and breakfast establishments, Sharon Hatfield MOVED to approve Lezlie Heller-Brantley’s application for a conditional use permit transfer of the property known as the Dreamcatcher Inn to be known as the Zion Dreamcatcher Inn conditioned upon proof of ownership being provided to the Town Clerk prior to conducting business. Karen Lodinger SECONDED the motion.

VOTE on motion:

Sharon Hatfield – Aye

Jane Brennan – Aye

Karen Lodinger – Aye

Bob Ford – Aye

The motion passed unanimously.

5.  ACTION ON A BUSINESS LICENSE APPLICATION FOR THE ZION DREAMCATCHER INN LOCATED AT 225 EAST MAIN, ROCKVILLE – LEZLIE HELLER-BRANTLEY – It was noted that the applicant is requesting three employees including the two managers and a housekeeper who will all reside in the facility. It was reported that there are eight bedrooms and five bathrooms in the home.

Whereas the application is complete and in compliance with Section 6.6, the Business License Requirement section of the Land Use Code, Sharon Hatfield MOVED to approve Lezlie Heller-Brantley’s business license application to operate the Zion Dreamcatcher Inn contingent upon an inspection by the Fire Chief and proof of ownership being provided to the Town Clerk prior to conducting business. Karen Lodinger SECONDED the motion.

VOTE on motion:

Sharon Hatfield – Aye

Jane Brennan – Aye

Karen Lodinger – Aye

Bob Ford – Aye

The motion passed unanimously.

6.  REQUEST BY THE ARTS TO ZION GROUP FOR ACTIVITIES USING ROCKVILLE COMMUNITY CENTER AND OTHER ONCE-A-MONTH ACTIVITIES IN CONJUNCTION WITH SPRINGDALE AND VIRGIN IN THE ZION CORRIDOR – Chair Ford reported that he has been involved in the Arts to Zion Group and due to a conflict of interest, he recused himself from the discussion. Sharon Hatfield assumed the Chair.

Bobbi Wan-kier introduced herself and stated that she runs the Arts to Zion Art and Studio Tour, which has been in existence since 2012. It involves artists throughout the county. Signs are placed only during the actual event. Last year there were 64 artists, 23 galleries, and 1,500 visitors per day spread throughout the County. Their goal is to increase art sales and attract art patrons rather than large numbers of people. They target specific patrons rather than the general public. Ms. Wan-kier did not realize that in-home sales are not allowed in Rockville. She was willing to work with the town and stated that overall the idea is to help the artists get their name out and sell art in the studios.

Ms. Wan-kier commented on the signage and stated that the Zion Canyon Art Studio will be open on Fridays and Saturdays. She explained that a tour was taken and it was determined that instead of just being an annual event, it will run from September to June in different hubs. The first week of the month there will be open studios and a gallery walk in Santa Clara and Kayenta. The second weekend will be in Zion Canyon. St. George is ready to begin this month and continue the third week of the month where there will be a gallery stroll. Hurricane Valley may not be ready to participate until February of 2016. Because there are no galleries there, Plein Air events were envisioned where artists would paint outside and sell their artwork. Various events were discussed. Ms. Wan-kier mentioned the possibility of having a Plein Air event in Grafton.

Sharon reported that Rockville’s planning policy specifies that development proposals must be compatible with the General Plan, which states that the majority of Rockville residents have chosen to prohibit commercial and industrial activities in the town. In addition, commercial activity is perceived as not being conducive to the character of the community. In the past, residents have had no problems with the program. The problem was with selling the artwork because it becomes a commercial enterprise. Fundraisers that have taken place in town were not considered commercial enterprises. In addition, agricultural produce sales are allowed as well as home-based businesses. Cash sales, however, are not allowed in conjunction with home-based businesses. Ms.Wan-kier stated that their organization is non-profit. She does not actually sell herself and would be happy to participate in fundraisers. Her goal was to support local artists and make their presence known in the community. The event was described as an opportunity for people to think of Washington County as a place where art is made.

Jodi McGregor introduced herself and stated that she moved to the area in February and has been a professional artist for the last 30 years. She stated that she sells very few paintings at shows; however, her goal is to get name recognition and exposure. In her business she works on a commission. While she has a studio she doesn’t have clients. People who want a painting call her after being given a business card or seeing her work during a studio tour. The work is done in her home studio and she delivers the art to the client. No retail sales are involved.

Sharon stated that the town does not object to internet sales in local galleries but would have to find a way for the proposed use to occur without violating the Code. Ms. Wan-kier stated that she connects artists with buyers.

In response to a question raised by Jane, Ms. Wan-kier stated that the events will take place from September to June. Rockville’s hub will be the second weekend of the month. Signage will be posted the Thursday night prior to the event and taken down Saturday night. Concern was raised about the potential traffic generated by the event. It was noted that the events will be very small and the traffic generated will be very light and scattered throughout the community.

From the audience, Joyce Hartless commented on how the proposal could work with the bridge efforts. She reported that the Historic Rockville Bridge Fundraising Committee has reserved the Canyon Community Center from June 1 through July 1, 2016 for an Art Sale to benefit the bridge fundraising endeavors. Ms. McGregor had been working with the committee and helping spread the word to the Arts to Zion people. When the fundraising idea was originally presented to the committee, the original vision was to have a Plein Air Paint Out. She agreed that having several artists descend on the community at one time might not be favorable. For that reason the event remained open to allow people to come any time.

Jane asked about the potential of allowing art to be marketed in homes as an event on a temporary basis. Sharon was concerned that it would open the door to others who wish to have a commercial enterprise.

Karen requested clarification on how the event will transpire over the course of nine or 10 months. She stated it seemed like a lot for the town to agree to when they have so little information. As o little is known about how this would work in Rockville, parking considerations, etc., she thought it would be better to allow it, if we choose to do it, on one or two occasions and see how it goes before committing beyond that. She asked what is allowed in the Community Center and if there is a way to develop a special use permit from time to time where commercial activity could potentially be allowed, perhaps as a fundraiser for the town. Sharon agreed that there is not enough information available and recommended that a specific proposal be submitted now that the applicants know what is and is not allowed in Rockville.

Ms. Wan-kier commented that Arts to Zion has a special event sales tax number issued by the state for studios that sell art for an artist who is not normally in business. The tax generated is submitted to the state who then distributes it to the municipality from which it was collected. Sharon commented that such activity would be considered commercial. She explained that in order to change the policy the General Plan would have to be addressed. Ms. Heller-Brantley asked if it would be possible for customers to view the artwork and then place an order online.

Chair Ford reported that recently he represented Rockville at a Washington County Arts Commission Special Meeting. At that time all of the information was provided to Pam Leach who would be discussing it at the tomorrow night’s Town Council Meeting. He reported that 15% of the new RAP tax is to be used county wide. The remaining 85% goes to the towns. Application must be made annually where funds will be received from the tax to be applied to community activities that enhance the arts, natural history, music, dance, or culture.

Jane did not object to open galleries but expressed concern with utilizing the Community Center over the 10-month period. Karen wanted more time to consider the request. She liked the idea of art walks and respected the fact that Rockville is an agricultural community.

7.  APPROVAL OF THE JUNE 09, 2015 REGULAR MEETING, THE JULY 14, 2015 REGULAR MEETING, AND THE AUGUST 11, 2015 REGULAR MEETING – Chair Ford resumed the Chair.

A correction was made to the June 09 meeting minutes.

Jane Brennan MOVED to approve the minutes of June 9, 2015, as corrected. Karen Lodinger SECONDED the motion.