Torrey Planning and Zoning Commission Meeting Minutes
Wednesday, June 20, 2018, 6:30 p.m.
Torrey Town Hall
1) Roll Call: Don Gomes, Mike Clark, Mary Bedingfieldsmith, Richard Jensen, Donita Pace, and Aaron Jensen.
Town Board Member Present: Pearl Thorndal-Stewart
Members Absent: Tracy Potter
Guests: Linda Townsend, Joy Morris, Cathy Benson, JR Alexander, JoAnn Davis. Nycole Durfey, and Shane Durfey.
2) Approve May Minutes:
Richard moved to approve the minutes as corrected of the May 16th meeting, 2nd by Don, unanimously approved.
Correction: Change 'Draft available to the public after the public hearing' to 'will be available when the public hearing is announced in the newspaper'.
3) Report on the Land Use Academy of Utah meeting. Report by Don Gomes:
Those who attended the meeting from Torrey: Don Gomes, Mary Bedingfieldsmith, Pearl Thorndal-Stewart, and Annie Holt.
The meeting was broadcast to the Snow College South campus in Richfield. Meg Ryan is on the Review Board for Land Use Academy of Utah (LUAH). This is the prominent information Don brought back from the meeting:
P&Z Meetings: They are expected and generally required by law and open to the public. The public may attend but not speak until designated time for community comment. Differentiation between public hearings and public meetings, public hearing requires 10 days' notice and must be very specific as to the purpose. Time limits can be imposed on input. Written comments are acceptable, if can't attend a hearing may submit a letter; everyone who attends must be allowed to speak. There is a signup sheet and suggested to 2 or 3 minutes of speaking time per person. Good protocol to balance pros and cons. Try to manage if there is person after person on the same side, ask if there is someone with another opinion. Public meeting has 24 hours' notice and has an agenda and public input is not required at the public meeting. The P&Z commission is the land use authority for the town and is empowered to act on all land use after exploring options with the town council. If there is an appeal, if you are the body that makes the decision, you can't be the body that makes the appeal, it needs to be a separate authority; it can be a person or a group. The appeal has to be based on fact, not opinion or hearsay. An agenda needs to be as specific as possible. Mary reminded the committee that right now Torrey's appeal authority is the Town Council, the LUAH suggested the town council should not be the appeal authority.
The agenda: it is best to not discuss anything that is not on the agenda. The recording is a public record, if something is discussed that is not on the agenda, there could be implications to favoritism to someone who is in attendance or on the board.
Minutes: a recording serves as minutes but the pending minutes need to be available within 30 days and the recorded minutes within three days. The final minutes need to be available within three days of approval. LUAH suggest that people engage in training on an annual basis, there are a number of dates that basic land use 101 is recommended, it's two full days of training. Mary suggested the meetings be broadcast to the Utah State University education center in Bicknell.
4) Draft of the short term rental ordinance and set a date for the public hearing:
Sent the ordinance to David Church, General Counsel for the Utah League of Cities and Towns, and he responded with 13 items to review before going public, those items were addressed and corrected at this meeting. Discussion about House Bill 253 and how it pertains to this ordinance.
The ordinance could start in one fashion then revisit after the commercial zoning is completed, it could be changed at that time. Remember what we are doing: we approved an ordinance, present, take public comment, once the public hearing is closed, we can continue at the meeting and adjust the ordinance and then recommend at the town council meeting. The town council can also make adjustments to the ordinance, and can accept it or amend.
It was moved by Don and seconded by Richard that we cap the number of non-owner occupied short term rentals at the current number including the three that came after the fact. The owner occupied short term rentals shall not be limited. Unanimously approved.
It was moved by Don and seconded by Donita to remove the 3/4 acre minimum for short term rentals (this will remain at the 1/2 acre minimum as imposed by the Torrey Town). Unanimously approved.
A motion was made by Aaron and seconded by Don to only require STR's to have one license (not two licenses), this would be a business license and the fee for that will be $200 per year.
We will probably be looking at this ordinance again when the commercial zoning ordinance is completed.
Motion made by Don and seconded by Donita that this amended draft is the draft to be used for the public hearing. Unanimously approved
Who will follow up on which part:
Mary will ask Dustin to set up the Pavilion for the public hearing. Mary has the draft ready and will get it put on the town's website for public review. Needs to be posted in the usual places in the entirety, can pick up copies at the town hall or on the website. Don will post at the usual places.
Moved by Donita and seconded by Richard that public comments about STR's are accepted at this point in the meeting so the people do not have to wait for the entire meeting to be finished before giving their comments. Unanimously approved.
Public comments:
Discussion on HB 253.
The reason the survey went out to the 'water district', it is because those individuals could potentially be annexed into town and it is important they be informed.
Moved by Aaron and seconded by Don to close the public comment period. Unanimously approved.
Allowed JR Alexander to discuss the sign ordinance at this point in the agenda. Discussion about sign ordinance and how it applies to Mr. Alexander's business. Moved by Don and seconded by Aaron to close the discussion about JR Alexander's sign comments. Unanimously approved.
5) General Plan discussion:
Don suggests that we have two ad hoc committees to put a survey together, a smaller group and a larger group and then present to the town council. P&Z commission agreed that public input is important and that without solid community input, it's just us talking about what we want and where we think we should go. The General Plan should go out by mid-July and the ad-hoc committee(s) should be put together now. The P&Z commission is responsible for the town General Plan.
Don will contact people for the ad-hoc committees.
The second ad-hoc group would take in the results of the survey and talk about the different elements. Once the survey results are in, use that to help start crafting the vision statement and present a draft to the P&Z commission. The committees should have a good mix of short term residents, long term residents, business owners, and a good mix of others in the Torrey water district. Don is in charge of both groups. Trying to get the survey group done and organized and put out with the water bill that goes out the first or second week of July. Ask Colleen to wait until the 9th of July and that will give us two full weeks for the survey (Mary will talk to Colleen about this). The next group would need two weeks to get the results, and by the 25th we will have the results in. Need the survey back by the 20th of July; Mary will put the survey on Survey Monkey. A draft general plan from the group should be in by the 15th of August or earlier. The group could have results in by July 30th.
Mary: there will be a Main Street Planning on August 23 and that will talk about walking paths, biking paths, grant potentials, etc. There may be some things that happen in that meeting that affect the General Plan. We could have the first draft by August 15th and update with information from the August 23 meeting.
Who will chair each committee? The committee will meet and decided who will chair each committee.
Put aside the rest of the General Plan discussion.
Aaron Jensen talked about subdivision laws. Aaron talked to several people and the feeling he gets is there is limited means to subdivide. He proposes to see a little more freedom to subdivide property in Torrey Town. The current General Plan says the planning and zoning commission should set up a sub division plan.
P&Z Commission Minutes: From conversation with the land use meeting. Ask if there was a town employee to do the minutes. Minutes should be done by a town employee who has been trained to do minutes and they could be kept consistent and in the town office. The Torrey Council agreed to extend Colleen's days to three days to administer short-term rentals and other duties. A town employee could listen to the recording and type the minutes from the recording. The P&Z Commission needs some administrative time from the town office staff to do the minutes, copies, etc.
Motion by Richard and seconded by Aaron that we ask the town council if a town employee can type the minutes from a recording. Unanimously approved.
The Town Council should start with the July 2018 minutes posted to the town Website. The recorded MP3 minutes should be posted in three days to the town Website and the PENDING (draft) minutes could also be posted until the approved minutes are available. This item needs to be on the town agenda because we are looking for approval.
6) Review assignments:
Don: Ad hoc committee and the survey committee. The ad hoc committee to do the draft of the General Plan and the committee that will come up with the survey questions.
Mary: Get the minutes to Whitney (town Website person). Talk to Colleen Dudleston (town clerk) about holding the water bill to July 9th for the survey questions.
Pearl: Will talk to the council about the typist for the P&Z Commission minutes, publishing and posting and recording the minutes. Asking for a bigger budget for the P&Z, the budget is now $250. Ask the Torrey Town Council about making copies of documents for planning and zoning. We need about $1000 a year for the budget.
7) Other:
Mary requested that each person sends a message back that they received the e-mails she has been sending out, she needs to know the emails have been received by each commission member.
Pearl will not be at the P&Z meeting on July 18th.
8) Comments from public:
No public comments.
9) Next regular meeting: Wednesday, July 18, 2018 at 6:30 p.m. at the Torrey Town Hall.
10) Moved by Aaron and seconded by Don to adjourn meeting, unanimously approved.
11) Adjourned at 9:00 p.m.
Notice of Special Accommodations (ADA)
NOTICE OF SPECIAL ACCOMMODATION DURING PUBLIC MEETINGS
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Paula Pace at 435-425-3600.