Minutes – 08.07.2019

COUNTY OF SEVIER
CITY OF RICHFIELD

 

At the Planning Commission
In and For Said City
August 7, 2019

Minutes of the Richfield City Planning Commission meeting held on Wednesday, August 7, at 6:00 p.m., Chairman Monte Turner, presiding.

1. Roll Call.
2. Minutes Approval: Consider approving minutes of June 5, 2019, and July 2, 2019.
3. Public Hearing (6:00 p.m.):
   A. Receive comments concerning a proposed amendment to the Annexation Policy of the

City Staff Present: Deputy City Recorder Michelle Curtis and Building Official Rick Robinson.

Others present: Shawn Hughes, Jorden Hafen, Shane Walsh, Geoff Barnes, and Brian Bresnan.

 

2. Minutes Approval. The minutes of June 5, 2019, and July 2, 2019, were reviewed. Lisa White motioned to approve the minutes of June 5, 2019. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Lisa White, Susan Jensen, Kendrick Thomas, and Blaine Breinholt. Those voting nay: None. Abstaining: Greg Bean abstained from voting because he was not present at that meeting. The motion carried.

 

Kendrick Thomas motioned to approve the minutes of July 2, 2019. Greg Bean seconded the motion. Those voting aye: Monte Turner, Greg Bean, Susan Jensen, Kendrick Thomas, and Blaine Breinholt. Those voting nay: None. Abstaining: Lisa White abstained from voting because she was not present at that meeting. The motion carried.

 

3. Public Hearing (6:00 p.m.):
    A. Receive comments concerning a proposed amendment to the Annexation Policy of the General Plan defining the type and quantity of acceptable water rights required at the time of annexation.

 

The City Council has proposed a change to the Annexation Policy concerning water rights. Rick Robinson explained that the proposal is to change the Annexation Policy so that canal shares will no longer be accepted upon annexation. The City would accept either underground rights of one (1) acre foot per each acre of land, or a cash payment in lieu of water rights on a case by case basis.

Kendrick Thomas said he understands the reason for this proposal is that when the City receives water shares from canal companies, it is secondary water and it is not usable for culinary water without converting it to underground shares.

 

There were no public comments. The public hearing closed at 6:07 p.m.

 

    B. Receive comments concerning an application received from Geoff Barnes requesting that the Richfield City Zoning Ordinance be amended to allow Cannabis cultivation in the Downtown (D) zone. The proposed location is at 231 South Main Street. (Public hearing opened at 6:07 p.m.)

Geoff Barnes was present. Mr. Barnes said the State of Utah legalized medicinal Cannabis earlier this year. The State accepted applications for licenses for cultivation of medical Cannabis. The State had planned to issue ten licenses, but only issued eight licenses. Even though he wasn’t issued one of those licenses, he is not going to give up because the State will need additional suppliers. Also, there has been a proposal that the State issue 20 licenses. Mr. Barnes believes his business was number 16 in the RFP proposal system. In order for Mr. Barnes to conduct this business at the proposed location, the Zoning Code would have to be changed to allow Cannabis cultivation in the Downtown (D) zone.

 

Chairman Turner asked for public comments. Mr. Barnes’ property is the old fire station which is located at 231 South Main Street. He conducts an ATV repair business in the front portion of the building. For the Cannabis cultivation, he would use the back portion of the building (3000 square feet). It would be very secure. He will not sell Cannabis from this location but will grow the plants. The growing operation will take place entirely inside of the building.

 

Kendrick Thomas asked if sales tax will be generated from this business. Mr. Barnes said no because it is 100% medical oversight which cannot be taxed. He would offer to pay a sales tax, a certain percentage of all products sold, so the community could get a benefit from the business.

Ruston Peterson was present. He said he is growing hemp in Annabella. He would be able to start the Cannabis plants for Mr. Barnes, and the plants would be transferred to Mr. Barnes’ facility. Marijuana growing is not regulated or controlled from seed to 8 inches tall.

 

There were no other comments. The public hearing closed at 6:12 p.m.

 

4. Action on Public Hearings:
   A. Annexation Policy: Discussion and recommendation to be made to the City Council regarding proposed amendment to the Annexation Policy of the General Plan defining the type and quantity of acceptable water rights required at the time of annexation.

 

Blaine Breinholt motioned to recommend that the City Council adopt the proposed amendment to the Annexation Policy of the General Plan defining the type and quantity of acceptable water rights required at the time of annexation. The motion carried.

 

Discussion on the motion: Kendrick Thomas visited with one of his co-workers who works with water rights. It is their recommendation that language on the last line of section 2 be changed as follows:

The quantity of water required for each acre of land to be annexed and the validity of water quantity and place of use shall be proofed verified in writing by the State Engineer.

 

Mr. Thomas explained that regarding insertion of “validity of water quantity”, there are some cases where a water right can be transferred to a municipality and there is only a certain percentage of that they can use as a municipality, so the City might not be getting as much water as they think they are.

 

Mr. Bean wanted to make sure that the City Attorney reviews this. The City Attorney reviews all Ordinances that are adopted.

 

Blaine Breinholt amended the motion to include the above changes as suggested by Kendrick Thomas. Greg Bean seconded the motion. Those voting aye: Monte Turner, Greg Bean, Susan Jensen, Kendrick Thomas, Lisa White, and Blaine Breinholt. Those voting nay: None. The motion carried.

 

    B. Zoning Code Amendment: Discussion and recommendation to be made to the City Council concerning an application received from Geoff Barnes requesting that the Richfield City Zoning Ordinance be amended to allow Cannabis cultivation in the Downtown (D) zone. The proposed location is at 231 South Main Street.

 

Greg Bean feels like the business is a reasonable business. The people of Utah approved Cannabis cultivation so that a need could be met. He does not have an issue with it on that basis; however, the location is another issue for him. He is not sure about allowing growing operations in the Downtown District. It sets a precedent that could be far-reaching. He asked if there are any such operations in Downtown districts in other towns? Mr. Barnes said on the corner of 380 South and Route 66 in Needles, California. That is the main street in Needles. Most cities want them in the Downtown business districts and are in buildings that look like banks. They are non-descript buildings with no advertising. They prefer these operations in well-travelled, high-traffic areas for security purposes. When there is a greenhouse with 20 million dollars worth of plants that is outside of town, and it takes 20 minutes to get there to respond if there is something going on, the likelihood for security is slimmer.

 

Mr. Bean said he can see that from the security angle but he wonders if somebody else comes in and wants to grow something in the middle of town. Mr. Barnes said the Downtown would be expensive farm land.

 

Mr. Barnes said the portion of the building to be used is in the back. There is a storm drain which is on City sewer. The amount of water they use is less than 500 gallons at any time because of the osmosis process they use to purify the water. The water has to be filtered, oxygenated, and chemicals added. Mr. Barnes said from outside looking in, it is a very simple process. They put a seed in the ground, wait for it to grow, cut it, and sell it.

 

Lisa White points out that commercial plant nurseries are allowed in all zones except the Downtown zone. Mr. Bean said Downtown zones are created in order to have a certain ambience, a certain feel to it. Mr. Barnes said the presence of a place to grow Cannabis would be a lot less intrusive than the repair shop that he currently runs.

 

The plants don’t start to smell until they have been cut. Once they have been cut, it is only a few days before they are sent off to processing. The State is requiring that it has to be 600 feet away from a residential zone unless the City waives that requirement. Mr. Barnes said the City Council is waiving that requirement. It also has to be 600 feet away from a church unless the church signs a waiver, which they have done. The church had no objection whatsoever. Mr. Barnes said the State recommended that these be located in an industrial area, heavy commercial, or zones specifically allowing it in the City.

 

Mr. Barnes said it should have been on the Council agenda for the waiver at their last City Council meeting. He went to the Council meeting but there was a mix-up and it wasn’t on the agenda. They couldn’t act on it, but he believes all of the Council was in favor.

 

There will be no processing at this location. They grow, cut, bundle, and ship. They don’t package. They have to file a manifest with the State, and a transport license. The bud goes into a Rubbermaid tote and is shipped off to the processor. The plant that is left over goes into the dumpster.

 

Mr. Barnes would like the Zoning Code definition to state that Cannabis is allowed. He does not want it to say medical Cannabis cultivation because that could limit him if the law changes to allow Cannabis cultivation other than medical.

 

The Commission discussed whether or not to create a specific definition in the Use Table just for Cannabis, or to combine it with the commercial nursery definition. Mr. Barnes said he got the impression from the Council that they wouldn’t want to grow daffodils or have a large greenhouse on Main Street. Chairman Turner pointed out that a commercial greenhouse would take a lot of more space and it is unlikely to see a plant nursery in downtown.

 

Mr. Barnes stated that if he does get a license from the State, it will be in the downtown for a short time. He would really like to move it out to the City’s business park south of town where he could grow a lot easier.

 

It was decided to recommend to creation of a definition for Cannabis cultivation and allow it as a conditional use (C-2) in only the Downtown (D) zone. The Commission feels like it is best for Cannabis cultivation to be treated as a C-2 use so that each application can be reviewed individually.

 

Lisa White motioned to recommend to the City Council that the Use Table in the Zoning Code be changed adding a new use called Cannabis Cultivation in the Downtown (D) zone only as a C-2 use. Greg Bean seconded the motion. Those voting aye: Monte Turner, Greg Bean, Susan Jensen, Kendrick Thomas, Lisa White, and Blaine Breinholt. Those voting nay: None. The motion carried.

 

5. Fence:
   A. Brian Bresnan to request permission to install a fence taller than 6 feet at is home at 354 North

Kendrick Thomas motioned to approve Brian Bresnan’s request allowing him to install a fence that is taller than 6 feet at his home at 354 North 100 West in accordance with Section 1620.1.4 of the zoning Code. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Greg Bean, Susan Jensen, Kendrick Thomas, Lisa White, and Blaine Breinholt. Those voting nay: None. The motion carried.

 

It is noted that Building Official Rick Robinson asked if the Commission wants him to bring these kinds of requests to the Commission even when they are clear-cut, no-brainers. The Commission advised that they would still like to review these kinds of requests.

 

6. Conditional Use Permits/Home Occupation Permits:
    A. Consider approving a Home Occupation Permit allowing Shane Walsh and Shawn Hughes to conduct a tree trimming business called S&S Tree Service at the home located at 286 North 400 East (CS zone, C1 use).

 

Shane Walsh and Shawn Hughes were both present. They live at different homes. The 286 North 400 East address will be used for their business address. They will park their truck at the other home which is at 164 South 300 West. The truck will be parked off-street in a fully enclosed yard. They do not own either home and will provide letters from their landlords stating that they are aware of the business and have no opposition to it.

Lisa White motioned to approve a Home Occupation permit allowing Shane Walsh and Shawn Hughes to conduct a tree trimming business called S&S Tree Service at the home located at 286 North 400 East (CS zone, C1 use) with the condition that the truck will be parked off-street at 164 South 300 West, and noise being limited during off-hours. Kendrick Thomas seconded the motion. Those voting aye: Monte Turner, Greg Bean, Susan Jensen, Kendrick Thomas, Lisa White, and Blaine Breinholt. Those voting nay: None. The motion carried.

 

    B. Consider approving a Conditional Use Permit allowing Jordan Hafen to conduct a business called Memorial Monuments (cemetery vault fabrication) at 59 East 500 South (CS zone, C1 use).

Jorden Hafen was present. Mr. Hafen’s business is located in Salina. He will not fabricate cemetery vaults at this location, but will use it to warehouse vaults. Some of the concrete boxes will sit outside. He also has monuments that are fabricated in Boise and then shipped on a semi. He gets a semi-load once or twice a month. The semi will be able to pull off of the street for unloading. He contracts with Magleby Mortuary, which is his main customer here. He covers the area from Nephi to Las Vegas, Ely, and Grand Junction.

 

Lisa White motioned to approve Jordan Hafen’s application for a Conditional Use Permit allowing him to conduct a business called Memorial Monuments (cemetery vault fabrication) at 59 East 500 South (C-1 use under manufacturing). Susan Jensen seconded the motion. Kendrick Thomas seconded the motion. Those voting aye: Monte Turner, Greg Bean, Susan Jensen, Kendrick Thomas, Lisa White, and Blaine Breinholt. Those voting nay: None. The motion carried.

 

7. Other Business: There was no other business.

 

8. Adjournment. The meeting adjourned at 7:00 p.m.

 

PASSED AND APPROVED on the 4th day of September, 2019.

 

/s/  Michelle Curtis
        Deputy City Recorder