1. CALL TO ORDER AND ROLL CALL – Chair Sharon Hatfield called the meeting to order at 7:00 p.m. The following members of the Rockville Planning Commission were present: Rob Snyder and Vivian Cropper. Town Clerk, Elaine Harris, recorded the meeting.
2. DECLARATION OF CONFLICTS OF INTEREST WITH AN AGENDA ITEM – Rob Snyder declared a conflict with agenda item number seven. He will be presenting the application to the Planning Commission, so he will not vote on the item.
3. PUBLIC HEARING FOR THE FOLLOWING PROPOSED AMENDMENTS TO THE ROCKVILLE LAND USE CODE:
a. Chapters 1, 2, 8, 12, and 13 to delete all references to Board of Adjustment and replace with Variance Hearing Officer.
b. Chapter 7 to add regulations regarding the maximum height of all buildings and the minimum amount of the posting bond for commercial filming.
c. Chapters 1 and 4 to provide a process for a Takings Appeal Board.
d. Chapters 17, 18, 19, 22, and 23 to add Congregate Living Facilities as permitted uses.
e. Chapter 2 to revise definitions of Non-conforming Uses and Non-complying Structures and Frontage and to add definitions for Demolition and Vacant.
f. Chapter 1 to change the process for amending the Land Use Code.
Rob Snyder MOVED to open the public hearing for the proposed amendments to the Rockville Land Use Code and to table item (f) until the October Planning Commission meeting. Vivian Cropper SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
Chair Hatfield explained each of the proposed amendments. With respect to item (a), she noted that, although the Town has changed from a Board of Adjustment to a Variance Hearing Officer, the Land Use Code had several remaining references to the Board of Adjustment. Item (a) would replace all references to the Board of Adjustment with Variance Hearing Officer.
Item (b) would add regulations regarding the maximum height of all buildings to Chapter 7 of the Land Use Code. The Town established maximum heights for buildings (25 feet), but the regulation was not added to Chapter 7. The proposed amendment would make the Code consistent. Item (b) would also establish the minimum amount of the posting bond for commercial filming.
Logan Hebner joined the meeting (7:07 p.m.).
Item (c) would amend the process to appeal a government taking and reflects the Town’s change from a Board of Adjustment to a Variance Hearing Officer.
Item (d) would add Congregate Living Facilities as permitted uses. State law requires towns to accommodate Congregate Living Facilities in all residential areas. The ordinance permitting such facilities was passed, but the information still needs to be incorporated into all zoning chapters of the Code and this amendment would accomplish that.
Item (e) would revise definitions of “non-conforming uses” and “non-complying structures” to bring the Code into compliance with State law. The old definitions would be removed and replaced with new definitions.
Julie McKown addressed the Commission. She asked about the definitions of non-conforming uses and non-complying structures. Chair Hatfield explained that the proposed language comes from the State statute. Julie asked where the Commission was going relative to non-conforming uses and non-complying structures. It was pointed out that the Commission is proposing to amend the definitions of non-conforming uses and non-complying structures in Rockville’s Code to be consistent with recent changes of those definitions in State Code. It was further pointed out that there was no intent to regulate from a definition.
Item (e) would also amend the definition of “frontage” and add definitions for “demolition” and “vacant.”
Item (f) has been postponed until October.
4. ADJOURN PUBLIC HEARING
Rob Snyder MOVED to adjourn the public hearing. Vivian Cropper SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
5. PUBLIC COMMENT PERIOD – Megan Honer-Orton expressed her appreciation for the Commissioners and the work they have done with respect to the amendments.
6. RECOMMENDATION TO THE TOWN COUNCIL REGARDING THE PROPOSED AMENDMENTS TO THE LAND USE CODE AS OUTLINED ABOVE IN THE PUBLIC HEARING – Logan Hebner MOVED to recommend the Town Council approve the proposed amendments to the Land Use Code as outlined by Chair Hatfield, with the exception of Item (f), which was tabled. Rob Snyder SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
7. REVIEW AND ACTION ON AN APPLICATION FOR A TEMPORARY USE/SPECIAL EVENT PERMIT FOR THE ANNUAL BUTCH CASSIDY EVENT – TOWN OF SPRINGDALE – On behalf of the Town of Springdale, Rob Snyder presented an application to the Town for a temporary use/special event permit for the Butch Cassidy race to be held on November 5, 2011. The race is limited to 400 participants and Springdale will provide water for the racers. Chair Hatfield asked that the Town’s telephone tree be used to inform residents about the race and the associated bridge/road closure. Clerk Harris suggested adding the event and subsequent bridge/road closure to the Town’s newsletter in the future. Logan Hebner also suggested using e-mail to notify residents regarding the closure.
Rob also suggested that parking issues in Rockville should be addressed for future Butch Cassidy events. Chair Hatfield agreed.
Chair Hatfield noted that, because the event is not for profit and because it benefits Rockville as a portion of the proceeds go to Grafton, the Town has traditionally waived the application fee.
Logan Hebner MOVED to accept the application, as amended, for the Butch Cassidy Run and to waive the application fee in light of the event’s donations to local causes. Approval is contingent upon Springdale’s provision of the approved UDOT permit. Vivian Cropper SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion, except Rob, who abstained from voting.
Megan Honer-Orton noted that the race has, in the past, issued permits for more than 400 runners. She does not believe Grafton can reasonably accommodate more than 400 runners. She also indicated that there is no parking in the area, so a shuttle is the best alternative.
8. REVIEW AND APPROVAL OF THE APPLICATION FOR A COMMERCIAL FILM PRODUCTION PERMIT FORM – Chair Hatfield introduced the form. She noted that some of the language will need to be amended if the Town Council passes the recommended amendments discussed above.
Logan Hebner MOVED to accept the application for a commercial film production permit form. Rob Snyder SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
9. CONSIDER APPROVAL OF THE REVISED BUILDING PERMIT APPLICATION REQUIREMENTS FORM – Chair Hatfield pointed out the changes to the original form. In response to a question from an audience member, Logan explained that, although water rights can be transferred to Rockville from other locations within the State, the water would be taken out of the ground in Rockville, thus the water originates with Rockville.
Logan Hebner MOVED to approve the amended Building Permit Application Requirements, which are a part of the Building Permit Form. Rob Snyder SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
10. APPROVAL OF THE MINUTES OF THE:
a. July 07, 2011 Work Meeting.
b. July 20, 2011 Work Meeting.
c. August 03, 2011 Work Meeting.
d. August 09, 2011 Regular Meeting.
Rob Snyder MOVED to approve the minutes of the July 07, 2011 work meeting, as amended, and the minutes of the July 20, 2011 and August 03, 2011 work meetings, and the August 09, 2011 regular meeting, as written. Vivian Cropper SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
11. PLANNING COMMISSION ADMINISTRATIVE BUSINESS
Logan Hebner reported that the person giving the night sky presentation is available in either October or November. Chair Hatfield suggested scheduling the presentation for October 13. The Commissioners discussed whether to combine the residential issues meeting with the night sky presentation. Logan also reported that the Town Council will be discussing maintenance options for Eagle Crags Road.
Logan Hebner was then excused (7:50 p.m.).
Chair Hatfield asked whether the Town has received all of the required documents from the Electrick Children organization. Clerk Harris reported that all of the required documents have been submitted. Chair Hatfield also asked Rob Snyder to follow up with the ATV rental company regarding permits. Chair Hatfield reported that the Town received a request from the Anasazi home owner’s association regarding the Rockville Bench Trail. Chair Hatfield contacted the BLM, which told her that it does not plan to open the trail, as there is insufficient parking and no trailhead amenities. Chair Hatfield also reported that the horses have been removed from Greer Chesher’s property.
12. ADJOURNMENT – Rob Snyder MOVED to adjourn. Vivian Cropper SECONDED the motion. A roll call vote indicated all those present VOTED in favor of the motion.
The Planning Commission Meeting adjourned at 7:55 p.m.
Minutes prepared by:
Teri Forbes, Owner
T Forbes Group
Planning Commission Chair/Vice-Chair
The foregoing minutes were posted in the cabinet of the Rockville Town Office by __________________ at approximately __________ AM/PM on ______________ and on the Rockville Website.