Council reviews a package of planning ordinances; clarifies DRC review process and open-space rules

Virgin — The Virgin Town Council reviewed several planning ordinances referred from the Planning Commission on July 9, including a parking-lot ordinance, an open-space zoning reinstatement, a live-work definition, and changes to procedures for Development Review Committee (DRC) reviews.

Councilors said Planning Commission staff uploaded clean copies of three ordinances shortly before the meeting; council discussion focused on specific edits, how to implement the open-space zone, and when DRC review is required.

Why it matters: The ordinances shape permissible uses, procedural review, and land-use enforcement across the town's planning framework. Reinstating an open-space zone and clarifying DRC review affect where development, short-term rentals, and other uses may be allowed.

Major items and council direction - Parking-lot ordinance: Staff said a revised ordinance will replace the May draft and includes new definitions; council members asked staff to ensure the definition section (chapter 16.2.0.12) contains a definition for "public parking lot." Staff confirmed the revised text is available in the Planning Commission packet and will be included for council review next week.

- Open-space zoning (reinstatement): The Planning Commission recommended reinstating an open-space zoning chapter. Council and the town attorney discussed adding an explicit list of prohibited uses (rather than relying solely on a catch-all clause) and lowering the draft minimum parcel size from 40 acres to a smaller figure (suggested 20 or possibly 10 acres) to promote use of the zone. Council directed staff to proceed with reinstatement but to work with Planning Commission on prohibited-use language and minimum-area adjustments. Staff noted that adding prohibited uses would require another public hearing.

- Live-work ordinance and terminology: The ordinance adds live-work housing options. The town attorney recommended using the term "dwelling" instead of "unit" or "building" for consistency with existing code. Council asked staff to propose consistent language ("live-work dwelling") and to notify the ordinance authors of the recommended change prior to the council's business meeting.

- Development Review Committee (DRC) scope and process: Council reviewed a proposed ordinance clarifying what goes to the DRC. Listed items include conditional-use permits, subdivisions and amendments, commercial site plans, lot-line adjustments, dwellings in the short-term rental overlay zone, and road dedications. - The draft would prevent applicants from seeking DRC review for uses that are not listed as permitted or conditional in the underlying zone; instead, the draft would require those applicants to request a code amendment or planning review first. The provision's stated purpose is to avoid wasted DRC time and applicant expense when the underlying zoning does not permit a use. - Council debated whether the community development director or the planning commission should determine whether a proposed use is "substantially similar" to a permitted or conditional use. Several council members and staff recommended the director make an initial determination, with the planning commission available on appeal. - Council asked staff to insert language making DRC review a required conceptual step (a "pre-review") for the listed application types so that plan submittals include DRC feedback before applications are considered complete. - Council agreed to include dwellings in the short-term rental overlay zone among items requiring DRC review.

- Complaint-procedure housekeeping: Council considered an ordinance that removes a complex complaint procedure from the land-use chapter and relocates a streamlined complaint process to an administrative section of the municipal code.

Quotes "I think we ought to look at something less than 40 acres, likely 20 and possibly even 10 as to promote open space within the town," the town attorney said, urging a lower minimum parcel size.

"If a question arises concerning an appropriate classification of a particular use, the community development director may submit the question to the...planning commission," staff said, describing a process for interpretation and appeal.

Ending Staff will return with revised ordinance language and the clean copies already uploaded to SharePoint; council scheduled some ordinance items for the next business meeting and asked planning staff to prepare public-hearing materials where required.