[0:04] Oh, what is what
Okay.
[0:06] » Which one do you want me to
[0:10] » That one?
[0:17] There's my note taker. It's online.
Okay.
[0:21] Tom Lacoste wants to enter. Say admit.
Okay.
[0:25] So, there's me and Tom. And so, then if
you click up in the top
[0:32] Yeah, up there it'll make it smaller.
Not that one.
[0:36] Try it. Not that There. Try that one.
There.
[0:38] » Is that how you want it to be?
Or do you want it to
[0:40] » No, the next one.
We'll leave it like that.
[0:43] » Okay.
>> Okay.
[0:50] Okay.
And then you need to scroll to the top
[0:54] for the agenda.
Okay.
[0:56] All right.
[1:02] One last thing. And don't forget when
these guys come up to talk, you're going
[1:08] to hit that button.
>> in the center. Got it.
[1:10] » Okay.
[1:13] Good evening and welcome to the Virgin
Town Planning and Zoning Regular Meeting
[1:18] and Public Hearing.
Um the time is 5:32.
[1:23] And um we're going to start our meeting
with the Pledge of Allegiance led by
[1:28] Mr. Kent Peterson.
[1:34] » Please join with me by leading the flag.
>> I pledge allegiance to the flag of the
[1:40] United States of America and to the
Republic for which it stands, one nation
[1:46] under God, indivisible, with liberty and
justice for all.
[1:54] » Thank you, Kent. And next we'll proceed
with our declaration of conflicts of
[1:59] interest. I'm going to start with um
Claudia.
[2:04] » I don't have
>> I have none.
[2:06] » None for me.
>> And Kent?
[2:07] » No.
>> All right, thank you very much. Um
[2:11] the minutes that were in our folder were
not these minutes, so we're just going
[2:15] to
um move the minutes approval for July to
[2:19] next month.
[2:23] If that's okay with everyone.
>> Yeah.
[2:27] » Okay. And um next we'll move to open
forum.
[2:31] Um just remember um
this is a chance for our public and our
[2:37] community to speak, and there is a
2-minute per speaker.
[2:42] You may talk about anything not on the
agenda. Is there anyone who would like
[2:46] to um or who has an open forum comment?
>> That's good.
[2:55] » Hi. Hi.
>> Yeah.
[2:56] » I'm interested
>> I'm sure that I'm going to vote
[2:59] in this matter.
>> Um
[3:02] I'm looking at the conflicts
I was looking through our ordinances and
[3:06] looking at our permitted uses and our
conditional uses, and I feel like
[3:11] they're really we're getting too many of
them in the
[3:13] public housing in the town.
And I'm just strongly encouraging you to
[3:17] look at that and realize the potential
economic impact that they have long
[3:22] term. So,
that's all I have.
[3:26] » Thank you, Chuck.
[3:39] And next we'll move to commissioner
comments. Kent, do you have any comments
[3:43] you would like to make?
>> No.
[3:46] » Lee?
[3:50] » No.
>> Um I just have one and um, I've had
[3:56] several people come and speak to me or
call me
[3:59] um, about the
what's it called? The substation.
[4:04] And um, so I will
[4:09] set up a meeting with Reiker so we can
go over like what what the requirements
[4:13] were that we set up for them at our I
believe that was our February approval
[4:17] meeting of their CUP.
Okay.
[4:21] So I just wanted to make them let them
know that I was
[4:24] going to follow up on that for them.
And Claudia, do you have any comments?
[4:29] » Uh, no comments but I've had several
people ask me if I've heard anything
[4:33] more about the road. So I don't know if
anyone else has heard of Sheep Bridge
[4:38] Road being paved or timing or anything.
Nobody's Yeah.
[4:43] » Yeah, well um,
they're doing
[4:45] I said they're doing um,
>> the final environmental
[4:49] » Final environmental assessments right
now.
[4:50] » Okay. Thank you.
[4:54] Thanks.
[4:59] All right.
[5:03] Thank you.
[5:07] All right.
And with that, we have two items before
[5:11] we go on to our public hearing. I
usually do an overview of the items on
[5:16] board and one is um,
the general plan
[5:21] after making amendments due to from the
feedback we received at our last
[5:27] um, public meeting and our last work
meeting on the topic.
[5:32] And we are also going to
be looking and hearing public comment at
[5:37] an ordinance that um,
Reiker has put forward to us about text
[5:44] and zoning map amendments setting up
procedure
[5:48] so that is consistent
um within our code and
[5:53] matches state code, which has been
currently adjusted.
[5:58] All right. So, with that I'll take a
motion to close the public meeting and
[6:02] open the public hearing.
[6:05] » That we close the public meeting and
open public hearing.
[6:09] » Do I have a second?
>> I'll second it.
[6:12] » All in favor?
>> I.
[6:13] » I.
[6:18] Okay.
First item up for public hearing tonight
[6:21] is an ordinance amending and restating
our Virgin Municipal Code 16-2-330
[6:28] and 16-2-332
to establish procedures for zoning text
[6:33] amendments and zoning map amendments and
providing for related matters.
[6:40] I did not receive any emails. Um we have
no um
[6:45] letters in our folder. Are there any
public comments on this ordinance?
[7:06] This is not that.
>> So, this this ordinance is merely
[7:11] establishing the application process for
zone changes. Previously, that's been
[7:17] not clearly stated in our code, so.
>> No, a good question. It's always good to
[7:22] clarify.
All right. Are there any other comments
[7:26] on this item for public hearing?
[7:33] Being none, let's move on to our second
item, which is um
[7:37] an amendment to the Virgin Town General
Plan. This is the update we've been
[7:41] working on for quite some time.
Are there any public comments on this
[7:46] item?
[7:53] » I'm Arlene
and you can call me Arlene
[7:57] Sorry, this is going to count sound
pretty strong, but
[8:00] here you go.
Pretty strong about this
[8:04] So, I love the little old houses. I
listened to your pitches for the general
[8:07] plan. I took the time to submit detailed
input in good faith. Looking at this
[8:12] update draft, it's clear my concerns
were tossed straight into the garbage.
[8:17] This version is virtually identical to
the last, save for maybe three changes.
[8:22] None of them were good. Instead of
addressing the real issues raised by
[8:25] local property owners, you doubled down,
inserting even more restrictions on
[8:31] issues and more worried about dark
skies.
[8:35] We are naive. We know exactly what this
general plan is designed to do. It lays
[8:39] out the legal groundwork for future
ordinances meant to strip us of our
[8:43] property rights.
As major land owners in this town, we do
[8:47] not consent to the sensitive land
designation
[8:50] or refusal to address that washes can be
mitigated.
[8:55] If the
You think that it can arbitrarily slap
[8:59] sensitive land designations across our
property just to stop development,
[9:04] you need to think again or this town
will be walking directly into a lawsuit.
[9:10] Furthermore, claiming in the document
that nobody wants growth south of the
[9:13] river is not true.
And you
[9:17] I know you guys listened to Arlene. He
has most of the property
[9:21] and I think his concerns should be
addressed.
[9:24] Both the mayor and Arlene have openly
admitted to Chuck and I that they don't
[9:29] want any growth in the town.
You're governing strictly for yourselves
[9:32] and select few, while completely
ignoring the long-term land owners seen
[9:37] by this committee.
My father and others were their tails
[9:40] off to make this town place worth living
in. Good enough that every single one of
[9:45] you chose to live here.
Now that you've settled, you want to
[9:49] slam the door shut and lock the
insultingly don't fit out of using their
[9:53] own land.
I strongly recommend that the planning
[9:56] and zoning commission review
and make some changes to this thorough
[10:00] plan before voting to send it to the
town.
[10:03] Thank you.
>> Thank you.
[10:08] » Wait, wait.
[10:11] Go ahead. Go ahead. I'll switch you
over.
[10:13] » Oh.
Tell me when.
[10:23] Okay.
>> Chuck Mascola, Burton Town Business
[10:25] Improvement District.
Uh I was I'm just going to send this
[10:28] letter to
all council people in Burton. And
[10:31] everybody said so we're not wasting
paper.
[10:34] Um you can sign it.
>> Thank you.
[10:36] » Um
I'm writing this for only one reason, my
[10:38] serious concern regarding the way the
town
[10:41] is proposing to do the next slide.
And then during the draft, several
[10:47] critical gaps and concerns came
lack of economic growth strategy.
[10:53] Where in this draft are private sector
job creation and local business
[10:57] incentives addressed?
The private community requires a
[11:00] forward-looking strategy that supports
sustainable economic growth.
[11:06] Good point.
Over-regulation versus encouragement.
[11:10] This plan fails to encourage balanced
development in Burton.
[11:15] On the contrary, it creates additional
barriers for economic distributed.
[11:19] Over-regulation that dampens economic
opportunity
[11:23] and property rights.
[11:27] Transparency and red light.
I hope I'm getting the term right. Red
[11:31] light means where you
see the old draft and by side so you can
[11:34] see
what's been changed.
[11:37] And while the proposed changes not been
provided redline below
[11:42] without a clear line by line comparison
against existing general plan
[11:47] not the the draft existing general plan
adopted in 2020.
[11:52] It should be also in side by side.
Uh
[11:56] it's nearly impossible for residents,
property owners, and officials to
[11:59] evaluate precisely what is being
altered, added, or
[12:04] I strongly urge the town council and
planning commission to pause the
[12:07] adoption process without a fully redline
comparison of the current plan with the
[12:11] existing draft
and reopen discussions to amend the
[12:14] existing general plan and the plan
development policy.
[12:19] And that's the letter that
basically we got a town plan as a gift.
[12:25] And I feel like it would be
beneficial for everyone in town to
[12:30] to actually see the old side by
side cuz as it is right now
[12:36] luckily she has the notes she made at
the meeting 6:30 cuz she just got them.
[12:42] Otherwise, she wouldn't even know to see
what changes were made since then.
[12:47] I think people would like to know what
changes have been made and understand
[12:50] them in order to give input and
feedback.
[12:54] Um
not just the select few that might do
[12:58] that was going on. So
And my other suggestion is when
[13:02] something as big as the general plan is
on the agenda, I understand that
[13:07] it's a public notice that goes out.
But unless you're signed up to the
[13:12] public website
I'm guessing a large percentage of the
[13:16] town is not on it.
You wouldn't even know about this thing.
[13:19] » Mhm.
>> So the general public that aren't
[13:22] necessarily
have their finger on the ball about town
[13:26] planning and are working places kids
they should know that this is this is a
[13:30] meeting that they may want to attend.
They may want to put their input in.
[13:36] Once they have the information they
need.
[13:38] So, I just have to write the information
to
[13:40] is clear enough and I told him
that we are giving everyone
[13:45] in town the opportunity.
Uh shortly
[13:48] then try to use it.
Keep track of what's going on
[13:52] in town. Yeah.
Uh
[13:57] So, that's what I called.
Make sure you have consideration and so
[14:02] » Thank you, Chuck. Thanks, Chuck.
[14:05] Are there any other comments at this
moment from the public?
[14:17] And hearing none, um we will I will take
a motion to
[14:23] close the public hearing and open the
public meeting.
[14:30] I move we close the public hearing and
open the public meeting.
[14:35] Do I have a second?
>> I'll second it.
[14:39] » All in favor?
>> I.
[14:41] » I.
>> I.
[14:46] » All right.
So,
[14:52] there were no comments on the text and
zone change
[14:59] um item to clarify from the public to
reduce confusion. Is there anything you
[15:07] wanted to point out where we have
members of the public here on this item?
[15:11] » Um just to further explain that this
ordinance comes as a result of changes
[15:15] in state code. Um the state is now
requiring that application requirements
[15:21] or application checklists be listed on
the town's website and backed up by the
[15:25] town's code.
And so as a result of that, we've taken
[15:28] this process that previously has been
combined into one process as and
[15:34] separated into two distinct processes
with their own application requirements
[15:39] rather than creating confusion between
the two. So, it's it's not
[15:45] too crazy, but it's just
a a clarification on the application.
[15:50] » each other if you've read the ordinance,
they do kind of parallel. And we will be
[15:54] discussing this item thoroughly next
week at our work meeting
[15:58] um for a vote in
September.
[16:03] So,
all right. Um does any other
[16:05] commissioner have any anything that they
would like to comment on this particular
[16:09] item?
[16:12] I have one question about it. Um just
I read it, but it's been a week or two.
[16:20] Um
does it mention We've had trouble in the
[16:24] past where
overlay zones were passed without the
[16:28] the same procedure that a regular zone
change requires, and I don't know if the
[16:34] there's anything in the text of that to
mention an overlay
[16:39] re-zone.
>> So, this would not govern that portion
[16:44] of the code necessarily. Um it it would
depend on how overlay zones specific
[16:50] overlay zones were written.
Um so,
[16:54] essentially it would be dependent upon
the overlay zone code to call on this
[16:59] process to be required for the change if
that makes sense.
[17:03] » It does, but I think that the existing
overlay zones have at least
[17:09] some of them
specifically say that one of the steps
[17:13] is to get the re-zone from the town.
>> And so if that were the case, then it
[17:16] would have to follow this process.
>> Okay, I see.
[17:19] It would be good to reread that section
of code prior to our meeting next week
[17:23] though.
>> Yeah.
[17:24] » Okay.
Any other thoughts?
[17:27] Claudia?
>> Thank you.
[17:28] » Kent?
>> No.
[17:29] » All right, thank you.
And then um
[17:32] the last item for our discussion tonight
is discussion and possible
[17:37] recommendation
of the Virgin Town Plan.
[17:45] Um
I would have to respectfully um
[17:51] point out that um
I believe as does
[18:00] our consultant from Five Counties
believe
[18:06] because I asked him this
that we more than adequately adequately
[18:10] reached out to the town.
More than adequately offered them a
[18:15] chance uh
giving additional input once the initial
[18:18] input stage, which is very different
from what was done at the previous plan
[18:24] which it was never put out for any
public input after the initial
[18:30] um general meetings.
Um
[18:35] I just want to clarify for the record
that um
[18:40] I am not anti-growth. I am about
balanced growth.
[18:45] Since my name was specifically meant and
we will be respectful
[18:51] as I was to anyone who makes a comment.
Um
[18:58] we even in the last one we made more
than two or three changes and we
[19:03] actually documented those changes as as
we
[19:08] had a robust discussion.
I and when we actually made the changes
[19:15] in the document, we linked them
in our notes
[19:20] to whoever made that comment.
>> Mhm.
[19:23] » And I believe we ex-
had changes from almost everybody's
[19:28] comments of the very last hearing that
we had.
[19:33] So, I I just wanted to clarify that.
Um
[19:40] And this is a new general plan, so
it will be replacing and it's not a
[19:45] matter of the redlining. It's not
It's not an edited No, not an edited.
[19:51] It's a start from scratch.
>> And once again, in the previous
[19:56] reiteration,
that was not done either.
[20:00] » No.
>> The changes were not done. That was not
[20:04] done.
Um
[20:09] That's all I have to say. I think that
my personal belief is we put a lot of
[20:13] effort to hear people and this document
is ready for the next step.
[20:20] » Can I say
>> Absolutely. I'm going to call each of
[20:22] you.
>> I just want I don't know um
[20:26] how many people observed all of this,
but uh
[20:30] when we first started working on this,
we went through, you know,
[20:36] what do they call them? Element by
element. And we had a lot of
[20:41] debate over each thing. And
lots of people
[20:47] lots of viewpoints were represented and
negotiated
[20:52] and so, what what you have in front of
you now is
[20:57] the result of a lot of sort of
compromise and
[21:02] you know, investigation and uh all of
those things. Um
[21:08] Uh
yes, it's been a long time since we
[21:10] started this project. So, I mean, I
don't know if anybody even remembers the
[21:14] early days of it. Uh but it was
it was very um
[21:21] active, this the whole debate. So, I
just wanted to point that out.
[21:26] And also that this is not
this is not something that we are going
[21:31] to adopt as
uh
[21:35] rules. It's an advisory document.
So, it doesn't have a whole lot of
[21:41] effect on whatever regulations what are
uh
[21:46] existing in the town. So.
Or new ones that come up.
[21:52] That's it for me.
>> Kent, do you have any comments on this
[21:54] idea?
>> Yeah, I do uh
[21:56] agree with what's said. Uh
it's been a lot of hard work and a lot
[22:01] of uh
thought and and compromise
[22:05] in this plan
uh
[22:08] that's being
sent to the town.
[22:12] We're voting to send it to the town or
not.
[22:15] I do think that um
[22:19] Chuck made a
an interesting comment that maybe we can
[22:24] work with. And and that would be that
there are a lot of people that just
[22:29] aren't interested in this kind of stuff.
And there are people that don't know how
[22:33] to
uh find out about it if they become
[22:36] interested or something like that. But I
know that the mayor is and the town is
[22:41] really, really good about giving
opportunity for people for comment in
[22:46] her newsletter
and on the website. And I wondered, you
[22:51] know, if there could be some
recommendation that in maybe the
[22:58] newsletter that comes to everybody for
their
[23:00] utility bill
says that how they can get online or
[23:04] they can come into the town office and
get a copy of the
[23:09] proposed um um document that
>> And we've done that.
[23:13] We've had hard copies available in the
office.
[23:16] Um for those who
are not familiar with digital access or
[23:21] or don't have it.
>> Mhm.
[23:23] » So I So I'm recommending again for the
same thing that that the town have
[23:28] available a copy about the general plan
as they discuss it if not now uh that
[23:34] people could uh
be helped to get a copy of it or be able
[23:39] to find it online
uh if they don't know how or if somebody
[23:43] could help them do that. So
um
[23:47] we have as you say
worked to this to
[23:51] to the
a very tiring point and we're anxious to
[23:55] move it forward to
the town council and and to the mayor.
[24:00] And and I'm certainly voting for that.
[24:05] » Are you Is that all?
>> Yeah.
[24:08] » Okay. Claudia?
>> Um I was thinking about it when Chuck
[24:12] was talking about it. I love the idea of
putting it more frequently in the
[24:17] newsletter about the town meetings. I
know that it's everywhere and it's
[24:21] always the same, but I was that person
that was always traveling for my work
[24:26] and um family and I was always gone. And
so when I was in town
[24:32] I was trying to catch up. I really at
the time didn't understand the
[24:35] difference between town council and
planning and zoning. And I've only been
[24:40] in this world for 4 months, so I have
not worked as hard on this as all you
[24:44] have. So um but I do remember even with
all of my traveling and going going in
[24:50] and seeing all the work that you guys
have done. I know that you've talked
[24:54] about it. I I that you've had
discussions. so I feel like as much as
[25:00] I was out of town for work, um,
I was aware of it. So, I think people
[25:05] who live in this town,
um,
[25:09] should have the ability and the energy
and the interest to jump in. So, I think
[25:16] that
I think one more time, and maybe it's a
[25:19] final blurb on that newsletter every
week to remind people about it or every
[25:24] month, sorry. I think that would
probably be super helpful.
[25:28] Um, for people like me who
didn't know it until I got into this
[25:34] role pretty much. So, I think it'd be
very helpful.
[25:38] But, I feel like you've worked really
hard on it. I think you've made every
[25:41] opportunity available to people, and I
know that when I first moved here, there
[25:44] was
no access to things. So,
[25:48] um, I feel really good about the work
that's been done.
[25:54] » Are there any further comments?
[25:58] Um, record, do you have anything to add
on this item? I know that you weren't
[26:02] intimately involved in it, but I just
wondered.
[26:04] » Yeah, I haven't been
>> you an opportunity as well.
[26:06] » to be involved in this process. Um,
my only note is is that as we've
[26:13] as we've discussed, um, potential future
amendments to the plan,
[26:18] um,
that we just ensure that we continue to
[26:21] to get
uh, public input and make sure that
[26:25] that's incorporated into the document.
So,
[26:27] » Absolutely.
All right, if there are no further
[26:31] comments, I will take a motion for a
vote on this. Do you have a further
[26:35] comment?
>> No, I'd like to make a motion.
[26:37] » Oh, okay.
>> I'd like to move that we,
[26:41] uh,
move the,
[26:44] uh, recommend we
[26:51] move the amendment for the Virgin Town
General Plan as discussed to the town
[26:57] council.
>> Do I have a second?
[27:00] » I'll second it.
>> I'm going to do a voice vote on this.
[27:04] Claudia?
>> I.
[27:08] » Darlene? I.
Lee?
[27:10] » I.
>> Kent?
[27:11] » I.
[27:14] » All right, that is the final item for
our meeting um and unless there's
[27:19] something I don't know
that's not listed here. Um
[27:23] I will take a motion to adjourn.
>> I will move that we adjourned.
[27:29] » Second?
[27:31] » Second.
>> All in favor?
[27:33] » I.
>> I.
[27:34] » I.
>> I.
[27:36] » Thank you, everyone.
Have a good evening.
[27:44] » Stop.
[27:49] And then