Minutes – 04.03.2019

COUNTY OF SEVIER
CITY OF RICHFIELD
At the Planning Commission
In and For Said City
April 3, 2019
Minutes of the Richfield City Planning Commission meeting held on Wednesday, April 3, 2019, at 6:00 p.m., Chairman Monte Turner, presiding.

1. Roll Call.
2. Minutes Approval: Consider approving minutes of March 6, 2019.
3. Public Hearings:
   A. Zone Code Change. Receive comments on a proposal to amend the Richfield City Land Use

       Management Code to allow short-term rentals in all residential zones. The Code currently

       allows short-term rentals only in the R1-10 and larger residential zones.
4. Consider Motion on Public Hearings:
    A. Zone Code Change. Consider recommending to the City Council whether or not to change the

        Zoning Code to allow short-term rentals in all residential zones.
5. Home Occupation Permits:
    A. Bright Wonders Pre-School: Consider approving Courtney Spell’s application for a Home

        Occupation permit which would allow her to conduct a pre-school business at her home at

        401 East 1010 North (R1-10, C-1 use).
6. Conditional Use Permit:
    A. Bar M Towing & Road Service: Consider approving a Conditional Use Permit allowing Austin

        Mortensen and Kami Jensen to operate a business called Bar M Towing & Road Service at

        445 East Flying J Drive. (CG zone, C-1 use).
    B. Matt Harmon: Consider approving Matt Harmon’s request to construct a fence up to 9 feet tall

         at his home at 515 E 1170 South.
    C. Howard Hatch (former Topsfield Lodge): Discussion concerning Howard Hatch’s request to

         be allowed to use the former Topsfield Lodge for low-income housing, week-to-week, or

         month-to-month lodging. The address is 1180 South Cove View Road.
7. Other Business:
    A. Suggest names to fill expiring Planning Commission term.
8. Adjournment.
1. Roll Call. Roll call was answered by Monte Turner, Greg Bean, David Mower, Susan Jensen, and Blaine Breinholt. Brion Terry and Lisa White were excused.
 
City Staff Present: Deputy City Recorder Michelle Curtis.
Others present: Courtney Spell, Nash Spell, Don and Eve Guthrie, Amy Madriz, Matt Harmon, Kiran Patel, Jonathan Hatch, Howard Hatch, DeMar R. Davis, Austin Mortensen, Kami Jensen.
 
2. Minutes Approval. The minutes of March 6, 2019, were reviewed. Greg Bean motioned to approve the minutes of March 6, 2019. Blaine Breinholt seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Susan Jensen, and Blaine Breinholt. Those voting nay: None.
 
3. Public Hearings:
    A. (6:01 .p.m.) Zone Code Change. Receive comments on a proposal to amend the Richfield City Land Use Management Code to allow short-term rentals in all residential zones. The Code currently allows short-term rentals only in the R1-10 and larger residential zones. Chairman Turner explained that the Commission is considering making a recommendation to the City Council that short-term rentals should be allowed in the RM-11 zone. It is currently allowed in the R1-10 and larger residential zones.
 
Howard Hatch wondered what is the difference between item 3 and item 4 on the agenda. It was explained that item 3 is the portion of the agenda where public comments are received. Item 4 is the portion of the agenda where the Commission will discuss the proposal and decide on a recommendation for the Council.
 
The public hearing closed at 6:09.p.m.
 
4. Consider Motion on Public Hearings:
    A. Zone Code Change. Consider recommending to the City Council whether or not to change the Zoning Code to allow short-term rentals in all residential zones. After public hearing, the Commission discussed this matter. It is Greg Bean’s opinion that short-term rentals should not be allowed in zones smaller than the RM-11 zone. He would rather implement this use slowly as the question arises for the other zones. Blaine Breinholt agrees with this. Some cities are having a real problem with inventory of rental properties for their citizens because home owners are doing Airbnb or VRBO. Susan Jensen pointed out that it is unlikely that Richfield will be a destination that creates that type of a problem. Therefore, it would be alright to allow short-term rentals in all residential zones. She is also fine with deciding on a zone-by-zone basis as the question arises.

Greg Bean motioned to recommend to the City Council that the Zoning Code should be changed to allow short-term rentals as a conditional use (C1) in the RM-11 zone. Blaine Breinholt seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Susan Jensen, and Blaine Breinholt. Those voting nay: None.

5. Home Occupation Permits:

    A. Bright Wonders Pre-School: Consider approving Courtney Spell’s application for a Home Occupation Permit which would allow her to conduct a pre-school business at her home at 401 East 1010 North (R1-10, C-1 use). Courtney spell was present requesting a Home Occupation Permit allowing her to conduct a pre-school business at her home at 401 East 1010 North (R1-10, C1-use). Mrs. Spell is certified to teach. She has a master’s degree and a reading endorsement. Chairman Turner explained that this use is allowed by Conditional Use Permit. This means that the use can be allowed subject to conditions that can be placed on the business. Mrs. Spell acknowledges that she has read those conditions that are on the application.
 
Mrs. Spell has classes three days a week, both morning and afternoon sessions. The street where she lives is generally quiet. Cars don’t need to turn around in front of her home because they can go on around the circle to get back to 500 East. There are 12 children in each class. That could mean 12 cars coming to drop off and pick up at each session. Chairman Turner said the biggest concern is safety for the little ones while cars are dropping off/picking up. Mrs. Spell said when school is finished, she is with the children until someone picks them up. She does have a fenced yard.
 
Pre-school hours are 9 to 11 a.m. and 12:30 to 2:30 p.m. This is before the older kids are out of school and the school bus is not in the neighborhood at this time.
 
She was told she can have one employee.
 
Blaine Breinholt declared a conflict of interest because Mrs. Spell is his niece.
 
David Mower made a motion to approve Courtney Spell’s application for a Home Occupation Permit which would allow her to conduct a pre-school business at her home at 401 East 1010 North (R1-10, C-1 use). Susan Jensen seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Susan Jensen, and Blaine Breinholt. Those voting nay: None.

6. Conditional Use Permit:
    A. Bar M Towing & Road Service: Consider approving a Conditional Use Permit allowing Austin Mortensen and Kami Jensen to conduct a business called Bar M Towing & Road Service at 445 East Flying J Drive. (CG zone, C-1 use). Austin Mortensen and Cami Jensen were present. They have purchased Red Hills Auto from Jim Hare. Mr. Hare’s business was for auto repair and road service. Mr. Mortensen will not be doing any mechanic work there. This will be a towing and road service business which will be done off-site. If a semi-truck breaks down, he will go to them to make repairs. This property will be used to store vehicles when they aren’t in use.

They hope to have an on-location dispatch center as they get busier, but at the present time, there will be nobody manning the office. They will be on rotation for towing with the highway patrol. This will be a State-approved impound area. A vehicle will only be there until the insurance company picks it up, the person retrieves the vehicle, or it is sold at State sale. The longest a vehicle will be at the property is 120 days. Vehicles will be parked in an orderly fashion. There will be gravel with no oil spills. They will do a fence on the north side of the building that is 6-feet tall chain link with barb wire on the top and two 20-foot rolling gates. The vehicles will be located between the freeway and their shop so they will only be seen from the freeway side of the property.
 
Chairman Turner explained that because this is approved by Conditional Use Permit, if complaints are received, the business can be reviewed so that any problems can be resolved.
 
Mr. Mortensen said if vehicles are there too long, or if there are too many vehicles, he does have a place in Beaver where he can take them.
 
Greg Bean made a motion to approve the Conditional Use Permit allowing Austin Mortensen and Kami Jensen to conduct a business called Bar M Towing & Road Service at 445 East Flying J Drive. Blaine Breinholt seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Susan Jensen, and Blaine Breinholt. Those voting nay: None.
 
     B. Matt Harmon: Consider approving Matt Harmon’s request for a fence up to 9 feet tall at his home at 515 E 1170 South. Mr. Harmon recently built a home at 515 East 1170 South. There is a difference in elevation between the road and his home. The home is about 5 feet below the road.
 
Mr. Harmon plans to pour a concrete retaining wall and build a block fence that is up to 9 feet tall. He would like the fence to be 6 feet above grade of the road. At the very back of his lot, it would put the fence at 11 feet tall on his side. He has decided to backfill so that there is not a difference in the grade. With the fence being 12-feet off of the property line, he would level that out with the road. From the top of that he wants the fence to be 6 feet tall. He will ditch it or slope it so that he doesn’t get the run-off from the street.
 
His home faces south with the driveway being on the west end of the home. He plans to do xeriscaping along the street and the fence will not start until it is even with the set-back of his house. He knows the fence will have to be engineered.
 
Blaine Breinholt made a motion to approve Matt Harmon’s request for permission to build a fence up to 9 feet tall at his home at 515 East 1170 South. Susan Jensen seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Susan Jensen, and Blaine Breinholt. Those voting nay: None.
 
     C. Howard Hatch (former Topsfield Lodge): Discussion concerning Howard Hatch’s request to be allowed to use the former Topsfield Lodge for low-income housing, week-to-week, or month-to-month lodging. The address is 1180 South Cove View Road (CS zone).
 
Howard Hatch was present. Kiran Patel, the current owner of the former Topsfield Lodge building, was also present. Mr. Hatch is considering leasing the former Topsfield Lodge at 1180 South Cove View Road. He wants to do short-term week-to-week or month-to-month lodging. Chairman Turner advises that apartments are not allowed in this zone.
 
The first item of the DRC comments states:
Building Code. First and foremost, the DRC would like to know if this building
meets Uniform Building Code standards for the proposed use of the building. The
DRC believes Mr. Hatch should get with the City’s building inspector in order to see
what is going to be involved in getting this up to UBC standards. There would be a
$65.00 inspection fee to be paid for by Mr. Hatch.
 
Mr. Hatch said the most recent use of this building was by a church which offered housing for people in need. Apartments are not allowed in this zone, but it was allowed under a section in the Zoning Code allowing religious and welfare services. Mr. Hatch said he is trying to follow that previous use which was to make accommodations for homeless people or people struggling to find a place to live. It seems to him that as long as the uses were compatible and the same as what it has been used for before, it ought to be appropriate.
 
Mr. Hatch said he felt like it was suggested in the DRC notes that the building hasn’t been used since 2006. Demar Davis was present and remembers a time when he helped provide meals on special occasions for people living there. That was in 2012 and 2013.
 
Mr. Hatch understands there is a very strong need for short-term housing for people who are struggling, having been put out of a home where they have been living, or short of income.
 
Chairman Turner reiterated that it was previously approved under section12.3.4.5 as a welfare service owned and operated by the Assembly of God Church. Mr. Hatch cannot operate under the umbrella of a church. Therefore, it would have to be a motel which is changing the use of the building. The change requires this review and approval process.
 
Mr. Hatch wonders if he could do this under the mixed use provision it the Zoning Code. He was told he can’t do that because a mixed use would have to be comprised of a combination of commercial and residential uses. What he is proposing does not fit that definition.
 
This does not qualify as a homeless shelter because it will be a business where rent is charged. He does not have the means where he can operate for free.
 
The building was used as a motel years ago. The development requirements are the same as for other commercial businesses. Now it is changing back to a motel, the change must meet certain requirements.
 
Chairman Turner said,as stated above in the DRC comment, this is likely in a temporary hold because of items that might be triggered by an inspection. There may be things that have to be done to bring the building up to building code standards. He does not think it is prudent to go ahead until that has happened. An inspection needs to happen and then Mr. Hatch can come back for review and possible approval of his proposal. At that time, the Planning Commission will make a recommendation to the City Council that the application be approved or denied.
 
Mr. Patel said before Mr. Hatch came, the building was approved by the State. Some gentlemen had planned to put in a drug rehabilitation center at this location. They have since backed out. As those gentleman were working on the building, he believes it was approved for use by the State. He does not have the documentation of the approval by the State.
 
Amy Madriz was present and asked to speak. She is leasing the Royal Inn which is the neighbor northeast of this property. She has an option to buy. It is operated as a motel. She has been trying to sell a vacant lot next to the motel. The realtor has told her that if the zone is changed to RM-11 for the Topsfield Lodge, it will devalue her property. Also, she is a member of the Assembly of God Church and was involved when the Church operated the homeless shelter. She is not in favor of a homeless shelter or low income housing. At first it was a very good thing, but by the end, it had turned into a disaster with drugs, etc. She said the kitchen roof is caving in, the awning is caving in, the posts holding up the awning are giving away. The Church couldn’t use it with so many problems. The water heater isn’t large enough for the number of the rooms. Chairman Turner said these are the items that would be addressed in an inspection.
 
Greg Bean motioned to table this matter pending the results of a building inspection. David Mower seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Susan Jensen, and Blaine Breinholt. Those voting nay: None.
 
After all of audience had left, Don Guthrie who is the owner of the Royal Inn, wanted to speak. He states that he has improved the Royal Inn and turned it around. He kicked out the drug addicts. He has been inside and outside of the Topsfield building for many years. He believes the roof is rotten. They did not comply with the sprinkling that was required for the Church. He believes if anything is put into the Topsfield building, the property value of the Royal Inn will fall tremendously.
 
Mr. Guthrie said he walks his place day and night, and he watches the Topsfield property, so he knows what is going on there with vagrants and drug addicts. If he sees something bad, he calls the cops. They have seen drug deals. He is afraid if some kind of business goes in at the Topsfield, he will be calling the police every night. He is afraid of the Topsfield tenants stealing from his customers’ cars, trying to bum cigarettes, beer, etc.
 
Mr. and Mrs. Guthrie left the meeting. Kiran Patel came back into the Council Chambers and asked to speak (the owner of the Topsfield property). Mr. Patel does not believe there is anything seriously wrong with the building, but he would like the inspector to decide. He agrees that it does need to be inspected. He knows there are some things that need attention. He believes it is a solid building that is structurally sound. He has followed all of the rules, and he always does that. He has leased it to Mr. Hatch with an option to buy.
 
7. Other Business:
    A. Suggest names to fill expiring term of Planning Commission seat.
    B, A meeting will be set to review the General Plan on April 17, 2019, at 7 p.m. 
8. Adjournment. The meeting adjourned at 7:50 p.m.
 
PASSED AND APPROVED on the 5th day of June, 2019.
 
/s/  Michelle Curtis
         Deputy City Recorder