Minutes - 2.02.2011

                                 COUNTY OF SEVIER 

            Minutes of the Richfield City Planning Commission meeting held on Wednesday, February 2, 2011, at 7:00 p.m., Co-Chairman Steve Kunzler, presiding.

            1.    Roll Call.

            2.    Approval of Minutes.

            3.    Courtney Larsen Home Occupation.

            4.    Larsen’s Ace Hardware Greenhouses.

            5.    Central Utah Towing & Recovery impound lot.

            6.    Youth Group Home to be located at 1137 N Centennial

                   Plaza Dr.

           7.    Other Business.

            8.    Adjournment.

1.    Roll Call.  Roll call was answered by Steve Kunzler, Pat Hansen, Eugene Beck, Sue Southwick, Stan Chappell, and Brion Terry.  Blake Zobell was excused. 

Others present:   Deputy City Recorder Michelle Curtis, Building Official Paul Hinrichs, James Ames, Tevita Vakautakakala, Jodi Vakautakakala, Larrin Larsen, Landon Larsen, and Courtney Larsen. 

2.    Minutes  Approval.  Sue Southwick  motioned to approve the minutes of January 5, 2011.   Eugene Beck  seconded the motion.  The motion carried unanimously. 

3.    Courtney Larsen Home Occupation.  Courtney Larsen was present to request a Home Occupation Permit (Major) allowing her to operate a daycare business at her home at 749 Crestview Drive (R1-10 zone, C-1 use).  She would like to have one employee.  She currently tends eight children.  The State only allows eight children per babysitter.  If she has a helper, she could have as many as 16 children.  She doesn’t want 16 children, but a few more than eight children.   She wants to comply with State requirements by having another adult with her.  

Her business does not create parking or traffic problems.  Her mother will park in the driveway.  She was cautioned to be aware of any traffic or parking issues so the children are safe.  The home is located in a cul-de-sac so there is not much traffic in the neighborhood.   

Pat Hansen motioned to approve a Home Occupation Permit (Major) allowing Courtney Larsen to operate a daycare business with one employee, said business to be located at her home at 749 Crestview Drive (R1-10 zone, C-1 use).  Stan Chappell seconded the motion.  The motion carried unanimously. 

Eugene Beck abstained from voting because Mrs. Larsen is his granddaughter.  

4.    Larsens Ace Hardware Greenhouses.  Larrin Larsen and Landon Larsen are representing Larsen’s Ace Hardware in their proposal to construct greenhouses on the lot located at the southwest corner of 1100 South 100 East.  Paul Hinrichs reminded the Commission that Larsen’s Ace Hardware received approval last year for the construction of greenhouses on the east side of their property behind the store.  The only condition that was placed on that approval was that the buildings would be set back from 100 East allowing for future street widening, and the greenhouse on the south would have to meet the setback of 10 feet on that side.  Since that time, the Larsen’s have purchased the lot on the southwest corner of 1100 South 100 East.  They would like to put greenhouses on that lot also.  Again, those greenhouses would be set back to accommodate future right-of-way widening on 100 East.  The greenhouse on the north side of that lot would be set back 10 feet per City  ordinance for corner lot structures.  Mr. Hinrichs has discussed with Larsen’s the possibility of combining the two lots so they would not have to meet any setbacks between the two lots.  That would be an agreement they would enter into with the City. It would be recorded on both pieces of property and could be modified in the future, but it would need the City’s approval in order to do so.    

Mr. Hinrichs’ memo to the Planning Commission mentioned the requirement for street improvements to be constructed when the property to the south and adjacent to Larsen’s property was developed.  Steve Kunzler asked for clarification concerning the street improvements.   Mr. Hinrichs said this lot is part of a business park subdivision to the north and 100 East was never improved as part of that subdivision.  There are street improvements on 1100 South.   This would be a time to get an agreement.  When Larsen’s doubled the size of their retail store, the City Council agreed to tie the completion of those improvements with the development of the property to the south of Larsen’s.  When the property to the south develops, then Larsen’s will be obligated to do the street improvements along their property. 

As far as the number of greenhouses, they have added five on the new lot.  They plan to build the greenhouses in phases.  The site plan was previously approved so they wouldn’t have to come back to the Planning Commission every time they start a new phase of greenhouses.  Brion Terry said he doesn’t think the number of greenhouses was specifically approved, it was just an approval that they continue to build greenhouses across there as long as they meet setback requirements. 

Steven Kunzler points out the construction of the greenhouses will be similar to what was approved previously.  Fencing is not an issue.  All of the retail sales will be out of the store. 

Brion Terry declared a conflict of interest as he is employed part-time by Larsen’s. 

Stan Chappell motioned that Larsen’s Ace Hardware be given approval to construct greenhouses at 1100 South 100 East with the condition that this lot is tied with their other lot and street improvements being installed according to the previous agreement.  Sue Southwick seconded the motion.  The motion carried unanimously.    

5.    Central Utah Towing & Recovery.   James Ames was present.  He and his partner, Delmar Waters, are trying to establish a towing business.  He would like to locate the business at 225 East Annabella Road.  In order to function on the Richfield City dispatch rotation, he has to have a yard in Richfield City.  He spoke with Police Chief Johnny Evans and found out that is what he needs to do.  Putting the business with West Mountain Auto Body benefits West Mountain as well as Mr. Ames.  It will give him a central area for not only the Richfield City rotation, but also for the highway rotation.  That also gives him a yard if he needs to store a vehicle for a day or two for an insurance provider or a local shop.  The State is quite stringent  with requirements for impound yards. There has to be a 6-foot fence with three strands of barb wire, locked and secure with adequate lights to maintain security.  Before he can file papers with the State, he needs to have the City’s approval.  If he can get the City’s approval, he could possibly be in business within about 10 days. 

As far as lighting, Mr. Ames says there are two lights mounted on the sides of the building and he may be able to add a light on a power pole that is in the yard.  He doesn’t think the State will have a problem with the lighting because it is quite well lit at night. 

The only fence that will be open to the public road is a gate and a short piece of fence between the corner of the main shop which is about 30 feet wide.  If the Commission wants him to put slats up, he will do that.  He intended to put a gate across the front and use that section primarily as a short-term impound where he can park cars.  Those would be cars that  are nice and tidy.   It will also give him access to drive his truck through to the back.  The front area is 30 feet wide and 70 feet long and will be more of a driveway than damaged vehicle storage.   The damaged vehicles will be parked in the far north end which will be somewhat hidden from the road. 

Richard Busk is the owner of the property and he has provided a letter of consent.  The east fence is next to White’s Sanitation yard and White’s Storage Units. 

Concerning the fence, Mr. Ames was asked if the barb wire will be on an angle.  He said he plans to use 10-foot posts and run the chain link and then put the barb wire straight above it. 

As far as signage, Mr. Ames said the State requires a minimum 24 square foot sign on the main frontage to the yard.  It has to state the name, hours, phone number, and state impound yard.  The sign will be made by Sign Central.  It will be a quality sign attached to the fence. 

The wrecked and unsightly cars will be parked in the back on the north side of the property.    He wants it to look clean and will park the better cars towards the front.  Mr. Ames was asked what the average length of time a car stays there.  He said impounds are there maybe a week.  A wrecked car is a hold-for-owner.  Some of those might be there for a month or longer and that is why he wants to get those in the back end.  With his partner being Delmar Waters, after 30 days  they can file a permit the car can be hauled off.  If an insurance company has it tied up, cars are usually removed within less than a month.  He doesn’t plan on storing cars.  It is not a junkyard.  It is a representation of him and he wants it clean and professional.  If it piles up with cars, it ties up the limited space he has. 

Sue Southwick motioned that approval be given to James Ames allowing him to operate a business called Central Utah Towing & Recovery to be located at 255 East Annabella Road (MD zone, C-1 use) as presented and shown on the plan.  Eugene Beck seconded the motion.   

Stan Chappell suggesting amending the motion that the fence should be slatted for the front 30 feet.  Mr. Ames asked to be allowed a little bit of  time to install those, perhaps by mid-summer.  He said the privacy slats cost as much as the fence.   He hasn’t borrowed any money to do this and he is trying not to.  If he could have a few months to put those in, that would give him a little bit of time to earn some money to pay for them. 

Sue Southwick amended the motion to include that the fence will require slats in the 30 feet across the front of the property, those slats to be installed within 90 days of opening.  Eugene Beck seconded the amended motion.  The motion carried unanimously.   

6.    Youth Group Home.  Tevita and Jodi Vakautakakala were present to discuss the possibility of operating a youth group home to be located at 1137 North Centennial Plaza Drive (RM-11 zone).   Mr. Kunzler advised applicants since the business plan was not delivered to the City office until this morning, so this is the first opportunity the Commissioners have had a chance to review the plan.  Because of that, it is unlikely the Commission will be able to make a decision at this meeting.    

Tevita said they are looking at using one of the office duplexes at Centennial Park for the school and then the kids would reside in one of the three-story condo buildings.  They plan to occupy the two units on the top level, a unit on the middle level, and one unit on the bottom level.  This is a 12-unit building and two of those units are currently occupied.   The lease would be for one year.  They intend for this to be a temporary location if the number of students grows. 

Tevita explained this program is focused to Polynesian kids.  The State and Church are trying to find a program for these kids and he is trying to put it together.  They are looking for a physical location where they can start.  They want to get started as quickly as they can.   

As far as the Zoning Code Use Table, the only use that comes close is a residential facility for persons with a disability.  The way the ordinance is written, unless it is spelled out as an allowable use, it isn’t allowed.  Tevita said some of the students have had substance abuse problems, but they are not currently in trouble with the law.  Mr. Hinrichs said the only thing that has been addressed in the Zoning Code concerning substance abuse facilities is that they can’t be located within 500 feet of a school.  It sounds like the proposal is for some type of group home or boarding school.  He isn’t sure where or if this use fits in with the Zoning Code and will need to get with the City Attorney after tonight’s discussion to get his opinion. 

Mr. Kunzler wondered if it is more of a boarding house or a group home.  Mr. Hinrichs said it’s different because the school is a separate property and ownership than the residence.  Usually a boarding school is located in one facility.  Centennial Park is zoned single family so he doesn’t know if a group home would be allowed in that zone.  Even if group homes had been addressed, he isn’t sure we would put them in a single family zone.  This use might be more appropriate in a multi-family zone.  Mr. Hinrichs points out that Centennial Plaza has a homeowners association so even it if were approved by the City, the applicant would still need approval from the homeowners’ association.   Mr. Kunzler advised Tevita that he needs to contact the president of the homeowners’ association and make sure they are aware of this proposed use. 

Mr. Hinrichs said the question will be whether the City will allow a group home in an R-1 zone.  This use probably doesn’t fit with the intent of that area.    

Tevita said the students will be ages 13 through 17.   They will live in the three units with an advisor staying with the kids in each unit.  There will be two to four students living in each unit.  The students will be monitored 24/7.  They will go to school during the day.   

The State license they have applied for allows up to 20 students.  If they decide to take more than 20 students, they will have to get the State’s approval for that.  Their intent would be to move to a different location as the business grows.  They like this location because they can walk from their living quarters to the school rather than transporting students.

Mr. Hinrichs asked if the State is alright with them having students live on three different floors and the school in a different building on a different piece of property, surrounded by other residents.  Will the State be alright with that?  Tevita said he thinks the State leaves that part up to the City.  The State is only concerned about safety issues with the buildings. 

Mrs. Vakautakakala asked if they found a home to rent somewhere else in the City, could the students stay in that house and still have the school at the office in Centennial Park.  Mr. Hinrichs said he thinks the question is whether it is an allowable use in an R-1 zone or possibly an RM-11.  Perhaps it should be in a commercial zone.  He doesn’t know the answer to that question because he has never dealt with this type of request.     

The condos in Centennial Park are zoned R1-6 and the commercial building is zoned CG.   The school is an allowable use in the CG zone.  

Mr. Kunzler advises this item will be tabled for the time-being to allow Mr. Hinrichs to check with the City Attorney concerning whether or not the use is allowable.  This item will be placed on the agenda for next month.  The applicant will need to have a letter from the homeowners association saying the use doesn’t conflict with their protective covenants.    

Mrs. Vakautakakala asked if  it turns out this isn’t an allowable use in any of the zones, what would be the process to amend the Ordinance to allow the use.   She was advised there would have to be a public hearing at both the Planning Commission and City Council levels with notice published in the paper.  That process generally takes at least three months. 

7.    Other Business.  There was no other business. 

8.    Adjournment.  The meeting adjourned at 8:00 p.m.    

PASSED AND APPROVED this 6^th day of April, 2011.

/s/  Michelle Curtis

      Deputy City Recorder