Minutes – 01.06.2016

                                                                                    At the Planning Commission
                                                                                    In and For Said City
                                                                                    January 6, 2016
Minutes of the Richfield City Planning Commission meeting held on Wednesday,  January 6, 2016, at 6:00 p.m., Chairman Brion Terry, presiding.
          1.     Roll Call.
          2.     Minute Approval.  Consider approving minutes of November 4, 2015.
          3.     Public Hearing. Receive comments concerning a proposed
                  subdivision concept plan for property located on the east side of 750
                  East at approximately 850 North.  The property is owned by Roger and
                  Judy Oldroyd, and Jared and Janna Thalman. 
        4. Sevier Valley Medical Center – Accessory Building.  Consider
                  approving proposed accessory building to be located south of the
                  hospital helipad (CG zone, C1use).
          5.     Review Subdivision Concept and Preliminary.  Review and
                  consider approving the preliminary plans for proposed
                  Oldroyd/Thalman subdivision to be located on the east side of 750
                  East at approximately 850 North.
          6.     Eagle View Townhomes.  Consider approving proposed fence height
                  of  5 feet to be located at the corner of 1000 South Eagle View Drive. 
          7.     Other Business:
                  A.   Discuss General Plan and Master Transportation Plan.
                  B.   Other items.
          6.     Adjournment.
 1.  Roll Call.  Roll call was answered by Brion Terry, David Mower, Jeff Albrecht, Greg Bean, Steve Kunzler, and Monte Turner.  Pat Hansen was excused. 
City Staff Present:   Zoning Administrator Gaylen Matheson and Deputy City Recorder Michelle Curtis.   
Also Present:   Cade Hunter, Brent Schmidt, Tim Christensen, Connie Christensen, Tooter Ogden, Tom Bogh, Jared Thalman. 
2.    Minutes Approval.  The minutes of November 4, 2015, were reviewed.  Greg Bean  motioned to approve the minutes of November 4, 2015.  Monte Turner seconded the motion.  The motion carried. 
3.    Public Hearing6:09:11 PM  A public hearing was held to receive comments concerning a proposed preliminary subdivision plan for property located on the east side of 750 East at approximately 850 North.  The property is owned by Roger and Judy Oldroyd, and Jared and Janna Thalman.  There were no public comments.  The public hearing was closed at 6:09:41 p.m. 
4.    Sevier Valley Medical Center – Accessory Building.  Cade Hunter and Brent Schmidt are representing Sevier Valley Medical Center.  They are proposing the construction of an accessory building.  A plan was reviewed and approved in October.  However, that plan involved the necessity of trading property with the care center.  They were unable to make the property trade, and so their plans are being adjusted accordingly.  
The building will be located south of the helipad.   This will result in the loss of some parking spaces.  They will be adding those spaces in a new parking lot which will be north of the helipad.  It will have 62 parking spaces vs. the previous plan which had 40 spaces.  The parking lot will be created in conjunction with the construction of this building.    The Cottonwood Wash is located between the helipad and the new parking lot.  A 42” concrete drainage pipe will be used to cover the Cottonwood Wash.   The Commission believes the wash should be piped all the way west to Main Street where the wash goes under Main Street. 
The building plan is basically the same as the one that was approved previously.  The roof is pitched.  Drainage will go into the storm drain.  The parking lot drains into a drain at the southeast corner.  The parking lot will be lighted and will serve primarily as employee parking. 
It has been recommended that the water line needs to be looped.  They plan to loop the waterline in conjunction with construction of the new women’s center and emergency department. 
Jeff Albrecht motioned to approve the construction of an accessory maintenance building at the Sevier Valley Medical Center.  The parking lot is approved contingent upon a condition that the pipe placed in the Cottonwood Wash pipe will go all the way west until it connects and joins the undershot of the highway so there are no openings or gaps leaving the wash open.  An adequate lighting plan needs to be provided to Gaylen Matheson.  Steve Kunzler  seconded the motion.  The motion carried unanimously.
5.    Review Preliminary Subdivision Plan.  Tom Bogh is representing the Oldroyds and Thalmans for a subdivision to be located on the east side of 750 East at approximately 850 North.  The concept was reviewed in November.  The layout of the subdivision is satisfactory; however, coming up with a plan for sewer service has been a challenge.  The DRC had recommended that they try to get a sewer easement from the property owners south of this property.  Mr. Bogh advises that late this afternoon he was able to get a verbal agreement from both Chet Thompson and Mike Benson.  They will allow a sewer easement across their properties.  Therefore, the sewer line will go south on 800 East from this property to Elk Horn Lane.  It will then go east down Elk Horn Lane to the sewer trunk line.   
Tim and Connie Christensen are present.  They own the property directly east of the proposed subdivision.  Mr. Christensen thinks it makes better sense for the sewer to go through his property because the Master Transportation Plan shows a minor collector street going through there.  He believes it is advisable for sewer lines to be set in a street right-of-way.  That was the preference of the Planning Commission, but the Commission had been led to believe that Mr. Christensen was not agreeable with that.  Mr. Christensen said he was never asked for an easement, and he would be willing to have the sewer go through there. 
Ideally, the sewer would go through Mr. Christensen’s property and then continue east through the Bagley property to the sewer trunk line.  Mr. Bogh has contacted Bagleys, and they will not agree to a sewer easement through their property.  Mr. Bogh has provided letters from the Bagleys stating that they will not grant an easement.    
Mr. Christensen points out that the sewer could go east through his property and then turn south.  This proposal would place the sewer line in a future minor collector street as set out in the Master Transportation Plan.  This would require an easement from Mr. Ivie, who owns the property to the south. 
Mr. Bogh would rather take the line south through the Thompson and Benson properties as there might be a chance that Mr. Thompson would participate in the cost.  Mr. Christensen said he is not willing to participate in the cost of taking the sewer through his property. 
After a significant amount of discussion concerning this, Mr. Christensen stated that he has already deeded a 60-foot right-of-way for a road, and he will not give up anything more.  It became clear that the Commission and Mr. Christensen are talking about two different street locations:  The Master Transportation Plan shows the street continuing east through the center of Mr. Christensen’s property.  Mr. Christensen is talking about a right-of-way on his north property line.  He gave the right-of-way to his sister some years back.  She owned the property north of the Christensen property.  Mr. Christensen was insistent that he has already granted a right-of-way for a street through his property.  It was finally brought out that although he gave an easement to his sister, it was not dedicated as a street to the City.  The City would not have even been aware that he has set aside an easement. 
As the discussion progressed, Mr. Christensen said he really doesn’t care where the sewer goes.  He would like it to be where a road is going to be and if it goes through the middle of his property, that might be alright.  But then he said he feels like he has already given up an easement for his sister, and he doesn’t think he should have to give up a 66’ easement for a street through the middle of his property. 
The consensus of the Planning Commission is that it would be preferable for the sewer line to go to the east and then south to Elk Horn Lane.  This would require an easement from Stan Ivie to go south across his property.  Mr. Bogh is agreeable with this if he can take the sewer line to the subdivision east property line, then go north to the center of another piece of property owned by Thalmans/Oldroyd.  This property is catty corner from the subdivision property.   They would then go east through this second Thalman/Oldroyd piece, then turn south and go across the east end of the Thalman/Oldroyd property, Christensen property, and Ivie property until it hits Elk Horn Lake.  This will require an easement from Mr. Ivie.  This is the preferred option; however, if Mr. Ivie will not grant an easement, then the second choice would be Mr. Bogh’s proposal to go through the Thompson/Benson properties. 
The DRC review notes were reviewed as follows:
1.  Application.  File and pay application fees.  (Preliminary Subdivision Application fees = $250 + $30/lot.  Final Application fee = $200 + $25/lot.)  Applicant agrees.
2.  Road alignment.  AcceptableApplicant agrees.
3.  Sewer Line.  Sewer line is proposed to go the east boundary of the subdivision and then jogs north to the north boundary.  It is then proposed to go east along a property line and then jogs back to the south and then the east to tie into the sewer trunk line.  It would be preferable for the sewer line to continue straight east from this development and positioned such that it would be located in the street as the street continues to the east at a future time.   If a right-of-way cannot be secured allowing the sewer line to continue straight to the east, then it might be preferable for each lot to have a septic tank until such time as the sewer can continue straight to the east.  This would require language on the plat map stating that these lots will have to pay to hook onto the sewer at such time as the sewer becomes available within 300 feet of their property.  Richard Chamberlain concurs with this and has spoken with Corwin Ogden at D Land Title.  It  is Mr. Ogden’s opinion that it should be set out on the plat map and also an agreement entered into and recorded so that this requirement will show up on a title report.     
Another alternative would be taking the sewer to the north and then going east through a separate piece of property owned by Thalmans, situating said sewer line in a position where it would be logical for a street to go through that property at a future time.  Regardless of the above, the infrastructure for sewer should be installed throughout this subdivision.  The sewer also needs to be taken all the way to the west boundary of the subdivision at 750 East.  This will be an 8” line. 
(See the discussion set out above.) 
Concerning septic tanks, Mr. Bogh was asked if he would be willing to put in the infrastructure for sewer so the subdivision can connect to the sewer when it becomes possible.  Mr. Bogh said he really doesn’t like that idea because it could be 10 or 20 years before it could be used. 
4.  Water. The plan shows the water line coming from 700 North along 750 East.  An 8” water line is shown.  It will need to go all the way to the north boundary of the subdivision along 750 East.  The 8” line supports the proposed subdivision; however, in the future this area would be better served by a 10” water line.  Therefore, the DRC recommends that the City should pay the difference between the 8” line and upsizing  to a 10” line.    Applicant agrees.
5.  Payback Agreements.    The developer could look into doing payback agreements from adjacent properties for partial reimbursement of water and sewer.  Applicant agrees. 
6.  Fire Hydrants.   A fire hydrant is shown in front of the home being built and another one within the subdivision.  That hydrant should go between lots 3 and 4.  Applicant agrees.
7.  Street Improvements.  A hammerhead turn-around is shown at the east side of the subdivision.  This needs to be shown as being located on the developer’s property unless an easement is received from the adjacent property owner. 
The developer will give up an additional 15 feet on their side 750 East Street.  This should be finished with curb, gutter, and sidewalk on the east side of 750 East.  Planter strips are shown on the interior street of the subdivision.  The City prefers that there be  no planter strips. 
Street to be developed to 10 feet beyond the center. 
Mr. Christensen wanted to discuss the development of the street with the developer giving up 15 feet on their side of 750 East.  He is concerned that the west side of the street may not have to give up 15 feet on their side.  This has been discussed in previous meetings.  The west side has a major power transmission line that cannot be moved.  Mr. Christensen said he had suggestions in the past as to how this could have been dealt with.   Mr. Christensen was told that the public hearing has been closed, the Commission has given consideration to previous public comments, and the Commission is not going to receive any more comments from the public. 
Planning Commission recommends that a waiver of improvements should be entered into concerning improvements on 750 East. 
Applicant agrees. 
8.  Street Lights.  Two street lights are shown.  Two more street lights need to be installed with lights to be on alternating sides of the street.   Applicant agrees. 
9.   Site drainage.   A retention area is shown at the east end of the subdivision.  Show how drainage will go from the north side of the street into retention area on the south side of the street.  This will need to be reviewed by the City’s engineer.   Applicant agrees. 
10.  Off-site drainage.   Show how drainage will be taken care of along 750 East.  Applicant agrees to show off-site drainage.  Drainage on 750 East needs to be graded so that it drains to the south and flows well with the street improvements being installed by the County.
11.  Title Report.  Title report to be provided as per application requirements.  Applicant agrees.  
12.  Engineering fees.  Engineering fees to be paid by the developer.  Applicant agrees.
Again regarding the sewer line, the Commission might like to see what the applicant ultimately comes up with, but realistically it’s up to the City Council to make the final decision upon the Commission’s recommendation.  The Commission has already agreed that the first preference would be for the sewer to be located in a City street going to the east, with the second choice being that the sewer line goes south through the Thompson/Benson properties, and a third option of allowing septic tanks.  
Greg Bean motioned that the Commission recommend approval of the subdivision with the following recommendations:
    1.  Plans need to be presented showing proposed sewer line placement.  The Commission would prefer that the sewer line is placed in accordance with the City’s Master Transportation Plan and placed along the area where a future City street would be.  This would be going to the east through either the Christensen property or the second Thalman/Oldroyd property, and then south through the Ivie property.  If it is not possible to procure the required easements to do this, then the second choice would be for the sewer to be taken to the south (Thompson/Benson) along a private drive with public access, and then east down Elk Horn Lane.  The last choice would be to allow septic tanks on these lots. These options need to be taken to the City Council with a map showing the two sewer line route proposals, showing distances for each one, and showing property ownership. 
       2.  Street improvements of curb, gutter, and sidewalk should not be required along the street on 750 East.  The Commission recommends that the Council and developer enter a Waiver of Improvements.    
         3.  All other items to be completed as shown on the DRC review dated 12/09/2015. 
David Mower seconded the motion.  The motion carried. 
6.    Eagle View Townhomes Fence.  Eagle View Townhomes has put in a drainage pond at the corner of 1000 South Eagle View Drive.  The pond retains more water than what was anticipated, and so they would like to build a fence around the pond for safety reasons.  The fence will be 5 feet tall.  It will be an open rail iron fence with pillars.  The Code allows for a non-view-obscuring fence at the street to be 4 feet tall.   Because this is a safety issue, the Planning Commission is in agreement that the fence should be allowed to be 5 feet tall.   It appears the clear view area will be preserved. 
Steve Kunzler recommended that the Commission approve the request for a height alteration for a fence to be located around a drainage pond at the corner of 1000 South Eagle View Drive.  The fence will be allowed to a height of 5 feet, with the pillars being 6 feet tall.  Greg Bean seconded the motion.  The motion carried unanimously. 
7.    Other Business:
       A.   Discuss General Plan and Master Transportation Plan.  Steve Kunzler commented that he has reviewed the Master Transportation Plan that was adopted in 2007 and there was reason behind where future streets were placed.  He feels like it is a good plan.  It is thought that the Commission may want to look at it and add a few more streets.   The matter was tabled.
       B.   Other items.    The Planning Commission would like to have a joint meeting with the City Council and a representative from the Ombudsman’s Office for a question and answer session. 
       C.  Jeff Albrecht said his father-in-law bought a home on 500 West.  He also bought  the two older homes next to his property.  He would like to tear down the two older homes and a garage, and then adjust the lot lines.   Mr. Albrecht wanted to know if he has to go through the subdivision process for that.  As long as it does not create an extra lot, and all of the lots comply with zoning requirements, then it does not have to go through the subdivision process. 
6    Adjournment.  Adjourned at 9:00 p.m.
PASSED AND APPROVED on the 3rd day of Februay, 2016.

/s/  Michelle Curtis
      Deputy City Recorder