2.         APPROVAL OF MINUTES.  The minutes of February 6, 2008, were reviewed.  Page 3 line 6 states that Stan Chappell arrived.  That needs to be changed to Stan Poulson.  Stan Chappell motioned to approve the minutes of February 6, 2008, as corrected.  Stan Poulson seconded the motion.  The motion carried unanimously.     

3.         PUBLIC HEARING.  Comments were received concerning an application filed by Karla Kay requesting that the Richfield City General Plan and Zoning Map be amended allowing the zoning of the property located at approximately 100 East 900 South to be changed from the RM-11 zone (Multiple Family Residential) to the CS zone (Commercial Shopping).   Braden Gardner represented the property owner Karla Kay.  Recently the zone of the property was changed from CS to RM-11 because someone was interested in purchasing the property and building apartments there.  Mrs. Kay thinks the property is more valuable and has more potential if it is zoned commercial.  David Nielson of Central Valley is present.  He owns property north and west of this property.   He wonders if the City rezones property every time a new buyer comes along.  Chairman Zobell said it depends on the use.  If it meets the General Plan, and it doesn’t violate zoning ordinances, then there are no grounds to deny the rezone.  To say that we always rezone, the answer is no.  Some people have been turned down because it didn’t meet the General Plan or it created islands of zoning.  Mr. Nielson said his concern is that the entire stretch from 400 South to Wal-Mart is agriculture property with livestock.  That can create a conflict.  If there is a commercial enterprise next to his property where there are horses and cows, then there will be a conflict.  However, he does agree that having the property zoned RM-11 creates more conflict.  Beyond this property to the east is in the County and he doesn’t think it makes sense for this property to be either commercial or residential.  He thinks it should be agriculture.  Until there is a significant amount of pressure to redo the whole area, the property should be agriculture.   Stan Poulson understands Mr. Nielson’s point because sometimes developments go in and then complain about farms and animals that have been there for years.  It does cause problems.  However, this property is too close to Main Street to not have it zoned something besides agriculture.   There being no further comments, the public hearing closed at 7:13 p.m.

4.  GENERAL PLAN AND ZONING MAP.  After public hearing, the Commission discussed Karla Kay’s request  that the Richfield City General Plan and Zoning Map be amended allowing the zoning of the property located at approximately 100 East 900 South to be changed from the RM-11 zone (Multiple Family Residential) to the CS zone (Commercial Shopping).  This property is otherwise known as the waterslide property.   

Stan Chappell and Stan Poulson think the property is a better fit as a commercial zone.  Steve Kunzler agrees with that, but he wonders about changing the zone again when there is not a specific proposal for the property.  He would rather see a definitive plan before changing the zone again.  Stan Poulson said if it is changed back to commercial, then if a request comes in at another time for a zone change, he won’t be as willing to vote to change it again.   Blake Zobell agrees; however, if someone were to come in with a valid petition to change it to RM-11, then it might be hard to deny it.  He thinks it could be either zone, but he doesn’t like changing it back and forth.  Mr. Kunzler thinks unless there is a reason to change the zone, then why change it.   Mr. Gardner said the owner feels like the value will be higher if it is zoned Commercial and it won’t be worth as much if it is zoned RM-11. 

Paul Hinrichs suggests it might be alright to leave the property zoned as it is and then if someone brings in an actual plan for a development, decide then whether to change it.  It appears it is being changed just because the perception is that it is worth more as commercial.     

Blake Zobell thinks there would be less interference with livestock if it is a commercial development rather than residential where there are children, toys, etc.  It is Stan Chappell’s opinion that this should have been Commercial property all along and now there is a chance to put it back to what makes more sense, and he thinks it ought to be changed back.   

Stan Chappell motioned to recommend to the City Council that the General Plan and Zoning map be amended allowing the zoning of the property located at approximately 100 East 900 South to be changed from the RM-11 zone (Multiple Family Residential) to the CS zone (Commercial Shopping).  Steve Kunzler seconded the motion.  The motion carried unanimously.   

5.  LUXURY HOMES REVIEW.   John Hughes was present to review the requirements for curb, gutter, and sidewalk for Luxury Homes which is located at 1280 South 400 West.  This was discussed two years ago and was set to be reviewed at this time.  The owner of the property is John DeHaas who is also the owner of Luxury Homes.  He owns the property all the way north to 1100 South.  The property was previously owned by Max White and they leased it from him.  They have since purchased it.  There are two separate parcels.     

Chairman Zobell explained that when Luxury Homes first moved to this property, they were leasing the property from Max White.  At that time, they were given a grace period for curb and gutter.  They came back in 2006 and the grace period was extended to 2008 because there was a holdup as to whether they were going to purchase the property or continue leasing it. The property has been purchased.   Mr. Hughes is concerned about drainage.  He has spent thousands of dollars on the parking lot trying to get it to drain.  He is not sure the drainage issues on his property will be solved by installing curb and gutter along his property.  Until the property to 1100 South is developed, it won’t help him at all to spend his money on curb and gutter.  The canal is on the south side of the property and in some places it is higher than the property.  In some places the sidewalk would be two feet above the curb.  By putting curb and gutter on the south half of 400 west, there will be curb and gutter out in the middle of nowhere that won’t do anybody any good until it is developed from 1100 South.  He is not trying to get out curb and gutter when it serves a useful purpose, but if the purpose is to control drainage, this won’t do it because the curb and gutter in some spots will be 2 feet above the existing grade.   

Stan Poulson read from the minutes of January 4, 2006, where it states:  “They are using the property now without curb and gutter and there does not seem to have been any issues.  When they develop the rest of the property, then they could do the curb, gutter, and sidewalk at that time. Drainage is maintainable the way things are situated now, but when they do develop the balance of the property, drainage could be a problem and would be addressed at that time.”  The balance of the property has not been developed at this time. Those minutes also state that these improvements could have been funded with State Road money, but Max White declined that.  Steve Kunzler said any funding that might be available from the State would be a long time off.  He points out that the curb and gutter won’t change whether it is done today or later.  It will be in the same place and same elevation.  The price of curb and gutter will only go up.   Paul Hinrichs said curb and gutter does get put in piecemeal and gradually, over time, it all gets done.   Mr. Kunzler thinks now would be the time to install curb and gutter.  Stan Chappell feels like the intent was that curb and gutter would be required to be installed when they had purchased both parcels.   Chairman Zobell said at the time Luxury Homes moved to this property, they didn’t know if it would be temporary because they were leasing the property and so they were granted a grace period.  Now they have been there a number of years and have purchased the property so it would be appropriate to require those improvements.     

Mr. Hughes asked if a sidewalk needs to be done in conjunction with the curb and gutter or could that be put off until the rest of the street is done.  He was advised that sidewalk is part of the requirement.  Street improvements include curb, gutter, sidewalk, and asphalt on the shoulder or the road.     Mr. Hughes understands these improvements will need to be installed along the parcel where Luxury Homes is located.  Mr. Hughes is still concerned about drainage where the curb will hit the driveway.  Mr. Hinrichs said it will have to be designed by a civil engineer and reviewed by Jones & DeMille to make sure it works properly.  Mr. Hughes says he believes in order to get rid of the water, it would have to go across someone else’s property to get it to the canal.  He wondered if they could tie into the sewer for storm drainage.  Mr. Hinrichs advises drainage can’t go into the sewer.  Larger developers have retention ponds or dry wells.  The engineer would have to look at this and design it so that it works.     Improvements will only be required on 400 West and not on the west boundary of the property.     

Stan Poulson motioned that Luxury Homes, located at 1280 South 400 West, shall be required to install street improvements along the east side of their property on 400 West, from the southeast boundary to the north boundary of the parcel.  Steve Kunzler seconded the motion.  The motion carried unanimously.   

Mr. Hughes wondered how much time he has to complete this?  Mr. Hinrichs said it should be done during this construction season which would give him until fall.  By the time he gets this engineered, six or seven months is probably reasonable.  

6.  RIAL THOMPSON REVIEW.  Rial Thompson owns the antique store located at 359 South Main.  He has signed papers to sell that building.  He will have to move everything out of the building.  He owns the property behind where there are storage containers, but those containers are full.  He needs to buy two more containers to store things and then he plans have auctions in the summer and fall to downsize and get rid of his stuff.  He plans to have it all gone within two years.  Currently he has seven containers and five or six other buildings.  He has not signed final papers yet, but they have given him six months after final signing to move things out.   Building Administrator Paul Hinrichs has told Mr. Thompson that the new ordinance does not allow shipping containers.  The existing containers were there before the ordinance and are non-conforming.  He can keep the ones that are there but cannot add upon them.     

Chairman Zobell said his concern is that the Planning Commission is not allowed legally to let him violate the Code and the Ordinance.  They can’t let him put additional units back in there.  Two years is a long period of time.  If the purchaser comes in and tears down the building, then the lot will be vacant and the shipping containers will be able to be seen from Main Street.   Mrs. Thompson asked if they could move the existing containers further back on the property.  They would be allowed to do that because they wouldn’t be making the situation any more than what it is.  It would reconfigure but not add upon it.   

7.         APPOINT CHAIRMAN AND VICE-CHAIRMAN.  Stan Chappell motioned to appoint Eugene Beck as Planning Commission Chairman.  Stan Poulson seconded the motion.  The motion carried unanimously.  Stan Poulson motioned to appoint Blake Zobell as Vice-Chairman.  Steve Kunzler seconded the motion.  The motion carried unanimously.   

8.         ITEMS FOR NEXT AGENDA 

9.         ADJOURNMENT.  The meeting adjourned at 8:10 p.m. 

PASSED AND APPROVED on the 2^nd day of April, 2008.