Minutes – 02.05.2020

COUNTY OF SEVIER
CITY OF RICHFIELD

At the Planning Commission
In and For Said City
February 5, 2020

 

Minutes of the Richfield City Planning Commission meeting held on Wednesday, February 5, 2020, at 6:00 p.m., Chairman Monte Turner, presiding.

1. Roll Call.

2. Public Hearing (6:00 p.m.):
    Public hearing to receive comments concerning a proposed amendment to the General Plan and

3. Zone Change.
    Discuss and make a recommendation for consideration of the City Council concerning a

4. Waiver of Improvements.
   Consider recommending that the City Council enter a waiver of street improvements as requested

5. Subway Sign.
    Discuss amending the Sign Ordinance to change the size of signs to be allowed within 1250 feet

6. Multi-Unit Housing.
    Review and consider recommending that the City Council approve Berrie Properties’ plans for the

7. Minutes Approval. Consider approving the minutes of January 8, 2020.

8. Other Business.
    A. Appoint Chairman and Vice Chairman for 2020.

1. Roll Call. Roll call was answered by Monte Turner, Greg Bean, Lisa White, Susan Jensen, and Blaine Breinholt.

 

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

 

Others present: Kristine Young, Nathan Young, Bradley Christensen, Kirt Christensen, Brion Terry, Ryan Savage, Corey Winkel, and Richard Chamberlain.

 

2. Public Hearing (6:05 p.m.):

Brion Terry, Brad Christensen, and Matt Christensen were present. Brion Terry explained that Brad Christensen and Kathy Christensen own the property located east of the canal on Center Street. The property is zoned R1-10. They would like the property to be rezoned to RR-1 (Rural Residential) which requires 1 acre lots. This zone has a rural feel allowing them to have barns, chicken coops, etc. The property is comprised of four parcels.

 

There were no other public comments. The public hearing closed at 6:09 p.m.

 

3. Zone Change.
Discuss and make a recommendation for consideration of the City Council concerning a requested change of zone affecting parcels 1-3-5, 1-3-4, 1-3-10, and 1-3-27, situated east of 600 East Center Street. The property is owned by Kathleen P. Christensen and Bradley F. Christensen. The proposal is to change the zone from R1-10 (Single Family Residential to RR-1 (Rural Residential).

 

The Petitioners own this property which is in the City limits. They also own the contiguous property to the east which is located in the County. The zone change will affect the parcels located within the City limits. The property west is zoned Manufacturing. Almost all of the Manufacturing Zone in this area is used for residential uses except for the Peterson Plumbing properties.

 

Brion Terry read from page 39 of the Zoning Code where it states as follows:

 

Rural Residential Districts. The Rural Residential Districts (RR-5 and
RR-1) are provided to promote and preserve a rural atmosphere for
low-density residential uses. These districts are intended to provide
low-density residential uses in a rural setting protected from incompatible
residential, commercial, and industrial uses.

 

There are currently three residences on these properties, and in recent years the Christensens re-zoned the property from Manufacturing to R1-10. They have decided they would like to change it to the RR-1 (Rural Residential) because they want to protect it as a low density area and even perhaps create an area similar to a Wheeler Farm area.

 

Planning Commissioner Landon Larsen arrived.

 

Brion Terry also advised that in the near future there will likely be a couple of homes built here.

Lisa White motioned to recommend to the City Council that the General Plan and zoning map be changed affecting parcels 1-3-5, 1-3-4, 1-3-10, and 1-3-27 situated east of 600 East Center Street, said zone to be changed from R1-10 (single family residential) to RR-1 (Rural Residential). Greg Bean seconded the motion. Those voting aye: Monte Turner, Greg Bean, Lisa White, Susan Jensen, Blaine Breinholt, and Landon Larsen. Those voting nay: None. The motion carried unanimously.

 

4. Waiver of Improvements.
Consider recommending that the City Council enter a waiver of street improvements as requested by Verla Hatch concerning the properties located at 537 North 500 East and 497 East 500 North.

Ryan Savage represented Verla Hatch. Verla and Cornell Hatch have owned the two homes located at 537 North 500 East and 497 East 500 North. The two homes sit on the one lot. The Hatchs have lived in the home at 537 North, and Mr. Hatch’s daughter lives in the home at 497 East. Mr. Hatch has recently passed away, and Mrs. Hatch would like to make sure each home sits on its own property to ensure that the daughter can own her own home. When the properties are split, they will each meet the Zoning Zode requirement of 10,000 square feet per lot. Ryan Savage is representing Mrs. Hatch in her request that the City waive the requirement for street improvements.

 

Planning Commissioner Kendrick Thomas arrived.

 

Greg Bean wondered about setting a precedence. There was discussion that there have been many times when these Waiver of Improvements have been entered into between property owners and the City Council. The Waiver is an agreement that installation of improvements can be waived; however, if the City does a special improvement district in the area, the property owner will not protest the SID.

 

Lisa White noted that there are not any properties adjacent to this property that have street improvements.

 

Lisa White motioned to recommend that the City Council enter a Waiver of Improvements with Verla Hatch for the property at 537 North 500 East and 497 East 500 North, based on the fact that there are two existing homes, there are no other street improvements on these streets, and the lots can meet the required square footage. Susan Jensen seconded the motion. Those voting aye: Monte Turner, Greg Bean, Lisa White, Susan Jensen, Blaine Breinholt, Landon Larsen, and Kendrick Thomas. Those voting nay: None. The motion carried unanimously.

 

5. Subway Sign.
Discuss amending the Sign Ordinance to change the size of signs to be allowed within 1250 feet of Interstate 70.

 

Nathan Young and Kristine Young were present. They own the Subway Restaurant located on North Main. They would like to install a sign that is larger than the allowed 100 square feet per sign face.

 

When properties are located within 1250 feet of an Interstate 70 Interchange, the Sign Ordinance has language allowing signs to be taller than signs in other areas of the City. After some discussion, it is felt it would be reasonable to allow larger square footage per sign face for properties located within 1250 feet of an Interstate 70 Interchange.

 

There is also an exemption in the Sign Ordinance which allows the Planning Commission to allow a larger sign if the property is larger than 2 acres in size. The Subway property is only ½ acre, but it is within the 1250 feet of the Interstate. Nate Young said he doesn’t like the idea of the size of the sign being tied to the size of the property. These businesses are all just trying to pull business off of the freeway and it benefits the City. It is Greg Bean’s opinion that if the lots are small, then a person could put a sign right next to another sign and block that sign off, so there has to be some kind of balance struck.

 

Nate Young said Subway told him their average Subway freeway sign is the 6’x24’, which is the size they are wanting to install.

 

Lisa White commented that if there is a provision in the Sign Ordinance that allows signs to be taller, then by default it makes sense that the sign face needs to be larger in order to be legible.

Planning Commissioner Lisa White left the meeting.

 

Rick Robinson said he has checked a few of the signs in that area, and he believes one of the signs to be 280 square feet and another one to be 240 square feet.

 

The Planning Commission would like to hold a public hearing next month to consider changing the Sign Ordinance to allow a larger sign face for signs that are within 1250 feet of the Interstate 70 Interchange. The Commission might want to change the ordinance so that these are approved on a case-by-case basis as to size, or the Commission may want to choose a maximum size so that they don’t have to be approved on a case-by-case basis.

 

Rick Robinson will see what sizes the signs are at both interchanges. Greg Bean would also like to consider whether or not there should be an acreage requirement. If there were several small lots in close proximity, the larger signs could block each other. Another idea is that if there is an existing sign, then there needs to be a certain distance between the two signs so that they don’t block each other. Susan Jensen suggests that could be handled with the sign permit.

 

6. Multi-unit Housing.
Review and consider recommending that the City Council approve plans for Berrie Properties to construct a 5-unit apartment building to be located at 641 East 400 North (RM-11 zone, C1- use).

Richard Chamberlain and Corey Winkel were present. Mike Berrie, Richard Chamberlain’s brother-in-law, is purchasing the property located at 641 East 400 North. He would like to build a four-unit apartment building. Richard Chamberlain is the City Attorney. He stated that he does not have a financial interest in the property.

 

They would like to cater to the senior citizens. The apartments will be one-level, three-bedroom with a garage. This will be similar to the apartments that were built by Corey Winkel 12 years ago located at 261 East 200 North.

 

The property is large enough to accommodate seven units per the Zoning Code. They plan to put four units on the property, but will immediately start with a duplex.

 

This property is shaped like a “7”. They are planning to develop the larger rectangular portion which is the east side of the property. There are some old sheds that will be knocked down, but there is a large garage on the smaller portion of the property to the west. They would like to keep that garage, but their tenants will not have access to it. Because of that, they only intend to develop the larger rectangular piece.

 

Richard Chamberlain said they have seen a copy of the DRC comments. The developers’ main concerns have to do with what type of fence they would be expected to build. They are also requesting a waiver of some street improvements.

 

The DRC notes are as follows:

     A. Lot Size. The property is .71 acre or approximately 30,928 square feet. The required square

    B. Set Backs. Setbacks are adequate. The east side of the building is considered a side yard and requires a setback of 8 feet. The setback is shown at 15 feet. The rear yard is the north side and required to be 15 feet. A setback of 15’6” is shown. Front yard setback is required to be 30’. Setback is shown to be 35 feet.

    

     C. Parking. Parking is required at 1.5 spaces per bedroom. There are 17 parking spaces shown plus two handicap parking stalls which is adequate for four 3-bedroom apartments. In addition, there is garage parking attached to each unit.

 

     D. Sewer and Water. Sewer and water are accessible on 400 North. Provide plans for Keith Mogan, City Public Works Director, showing water and sewer connections. Developer may want to consider installing a separate water meter for landscaping.

     E. Fences. Determine what type of material will be used for fencing. A fence is shown around the perimeter of the property. Fence is required to be a sight-obscuring masonry fence with a height of 6 feet and reduced to 3 feet inside the front yard setback area. Section 1620.6 allows the Planning Commission to:

             The proposed fence provides an adequate buffer for adjoining residential zone.

             The appearance of the fence will not detract from uses in the residential zone.

             The proposed fence will shield the residential use from noise, storage, traffic, or 

             any other characteristic of commercial or professional office uses that are 

             incompatible with residential uses.”

 

Corey Winkel said his apartments at 200 North 261 East, have a fence that is a cedar, dog-eared, slat fence.

 

Richard Chamberlain said he would like to visit with the neighbors and see if they have a preference as to the type of fence, and perhaps the neighbor will want to contribute to it.

 

The Code indicates a sight-obscuring masonry fence with the Planning Commission being allowed to make modifications to that requirement. Susan Jensen suggested if they don’t want to do a masonry fence, if they brought in a proposal of a nice-looking fence that serves the purpose of providing a buffer between the properties, the Planning Commission could consider it.

 

F. Street Improvements. Curb, gutter, sidewalk, and asphalt should be installed. There is an existing accessory garage on the northwest portion of the property which has access from 600 East. The developer intends to block this portion of the property so that apartment tenants will not have access to the garage. The apartments will only have access from 400 North; therefore, the developer is requesting that street improvements be required only along 400 North and not along 600 East. They are also interested in obtaining a waiver of the requirement for asphalt on 400 North.

They are asking for a waiver of the requirement for curb and gutter. On 400 North, they would put in the sidewalk. There is sidewalk to the east, but not to the west other than just a little slab of cement which may establish the elevations. There is no curb and gutter on the street.

 

They are asking not to be required to put sidewalk in on 600 East because they are not developing the west side of the property, and there is no sidewalk on 600 East at all.

 

G. On-Site Drainage. Storm water retention basins are shown at the southeast and southwest corners of the property.

 

H. Trash Enclosure. This development does not requirement a trash enclosure. (Developments having more than four units are required to have dumpsters.)

 

I. Site Lighting. Lighting is not shown on the plan. Section 2802 of the Zoning Code states as follows:

                “Site Lighting Standards. To protect views of the night sky, all outside
                  lighting shall be “down lighting” so that lighting does not trespass to

 

                 All exterior lighting shall provide for the illumination of buildings and

 

                 All light fixtures, including security lighting, shall be fully-shielded and hooded

 

J. Parking Lot Lighting: Minimum adequate lighting shall be provided in all parking areas, with emphasis placed on appropriate lighting at entrances and exits. All parking area lighting shall be integrated with landscape features. The height of pole-mounted fixtures shall be held to a minimum practical height.”

 

Greg Bean motioned to approve the construction of a four-unit apartment at 641 East 400 north (RM-11 zone, C1 use), with the recommendation that the City Council waive the requirement for street improvements on 600 East, and waive the curb and gutter requirement on 400 North (require installation of sidewalk and asphalt to the sidewalk); with the requirement and for a masonry block fence to be installed around the perimeter of the property. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Greg Bean, Susan Jensen, Blaine Breinholt, and Kendrick Thomas. Those voting nay: Landon Larsen. The motion carried unanimously.

Richard Chamberlain said if they come up with a better plan for a fence, they will come back to the Planning Commission for approval.

 

Commissioner Blaine Breinholt left the meeting.

 

7. Minutes Approval. Consider approving the minutes of January 8, 2020. On page 6, Lisa “Ogden” will be changed to Lisa “White”. Susan Jensen motioned to approve the minutes of January 8, 2020, as amended. Landon Larsen seconded the motion. Those voting aye: Monte Turner, Susan Jensen, Landon Larsen, and Kendrick Thomas. Those voting nay: None. Those abstaining: Greg Bean (because he was not present at the meeting). The motion carried unanimously.

 

8. Other Business.
A. Appoint Chairman and Vice Chairman for 2020. Monte Turner was appointed as the chairman for 2020. Greg Bean was appointed as the Vice Chairman. Susan Jensen motioned to approve. Kendrick Thomas seconded the motion. Those voting aye: Monte Turner, Susan Jensen, Blaine Breinholt, and Kendrick Thomas. Those voting nay: None. The motion carried unanimously.

 

B. Kendrick Thomas said with regard to street improvements (curb, gutter, sidewalk), it would be nice if the City had an impact fee of some sort so that the City could go about and do improvements where there need to be improvements instead of making individuals put it in a piece at a time. He recently did a 3-plex project where he was required to install street improvements. It cost him $30,000 for curb, gutter, sidewalk, and asphalt because it was a corner. The 4-unit apartments discussed in this meeting won’t be near the cost. This isn’t sour grapes, but the process doesn’t seem equitable. The Commission agrees.

9. Adjournment. The meeting adjourned at 7:15. p.m.

 

PASSED AND APPROVED on the 1st day of April, 2020.

 /s/  Michelle Curtis

         Deputy City Recorder