Minutes – 04.06.2016

COUNTY OF SEVIER 
CITY OF RICHFIELD
 
                                                                                    At the Planning Commission
                                                                                    In and For Said City
                                                                                    April 6, 2016
 
 
            Minutes of the Richfield City Planning Commission meeting held on Wednesday,  April 6, 2016, at 6:00 p.m., Chairman Brion Terry, presiding.
 
1.       Roll Call.
2.       Home Occupations
           A.    Consider approving Conditional Use Permit for Russ Barker
                   Woodworking to be located at 711 Ogden Drive (R1-10 zone, C-2
                  use).
3.       Business License.
           A.   Consider approving application for Sheer Perfection to be located at
                   409 South 100 West (CS zone, P2 use). 
4.       Project Review.  Utah Department of Natural Resources:  Review plans
           for the construction of an office building to be located in the Richfield
           Industrial Park (south of B&L Auto). 
5.       Other Business.
           A.   Victor Gutierrez to discuss sheds located at the northeast corner of
                  600 South 200 West.  (Follow up to Planning Commission held on
                  11/4/15).
           B.     Kade Murdock to discuss animal rights on the property located at 350
                   West 800 South (RM-11 zone).  (Non-conforming use is deemed
                   terminated because the animals were not on the property for a period
                    of more than 365 days.  See Chapter 21 of the Zoning Code.) 
          C.     Discuss General Plan and Master Transportation Plan.   
          D.     Discuss setting meeting with City Council and Ombudsman for
                   training and question/answer session.
          E.   Other items.
 
6.       Adjournment
 
                   
 
 1.  Roll CallPresent: Brion Terry, David Mower, Greg Bean, Jeff Albrecht, Lisa White, Monte Turner, Steve Kunzler.
 
City Staff Present:   Zoning Administrator Gaylen Matheson and Deputy City Recorder Michelle Curtis.   
 
Also Present:     Melanie Barker, Russ Barker, Kade Murdock, David Roberts, Cori Roberts, Vickie Dalton, Bill Dalton, Scott P. Evans, Victor Gutierrez. 
 
 
  2.       Home Occupations.
            A.   Russ Barker is present and is requesting a Conditional Use Permit allowing him to conduct Russ Barker Woodworking to be located at 711 Ogden Drive (R1-10 zone, C1- use).  He will be doing craft work, mainly shaker oval boxes and craft jewelry boxes.  He does the work in his garage.  He will be using a table saw, skill saw, and a band saw.  He will sell  these items at craft shows, farmer’s markets, and boutiques.  Customers will not be coming to his home.  He will not have any employees.  He will work about four to five hours a day.  As far as noise disturbing neighbors, he does not believe it will be a problem because their garage butts up next to the neighbor’s garage.  During the hours he is working, they might hear the dust collector.  He plans to do most of this work during normal business hours. 
 
Greg Bean motioned to approve a Conditional Use Permit allowing Russ Barker to conduct a woodworking business located at 711 Ogden Drive with the condition that the petitioner is familiar with the nuisance ordinance and will act accordingly, knowing that the Conditional Use Permit can be reviewed and possibly revoked upon receiving complaints from neighbors.  The motion was seconded by Lisa White.  The motion passed unanimously.   
 
3.  Business License.
            A.   Vickie Dalton and Cori Roberts are present requesting approval of an application allowing them  to conduct a business called Sheer Perfection to be located at 409 South 100 West (CS zone, P2 use).  The building is a home and they will be converting it to use as a beauty supply and salon. 
 
 As far as parking, there are two tree stumps in front of the home on 100 West.  The stumps will be removed.  There is a driveway on the east side of the home where there will be room for six cars to park.  That is where their employees will park.  They also plan to take out some of the grass in order to allow cars to park next to the house. 
 
They hope to eventually have six people work here.  The house is 900 square feet. 
 
Landscaping was discussed.  The ordinance requires that 10% of the property is landscaped.  The existing grass would count as that.  They will leave some of the grass and then put in gravel where they remove the grass.  There is not an open ditch. 
 
They were advised
to make sure there is enough distance between the parked cars and the stop sign on the corner.  There can be no parking on the corner within 30 feet of the yield sign. 
 
They would like to put a sign on the north side of the home. 
 
The Commission will recommend that the Council enter a Waiver of Improvements concerning street improvements. 
 
They do not own the home, but are leasing to buy.  They will provide a letter from the property owner stating that they are purchasing the home.    
 
Steve Kunzler motioned to approve the application for Sheer Perfection to conduct business at 409 South 100 West with the condition that they have their sign approved by Gaylen Matheson, no parking within 30 feet of either side of the yield sign, and recommending to the Council that they enter into a Waiver of Improvements.  Greg Bean seconded the motion.  The motion carried unanimously.   
 
3.  Project Review.  Utah Department of Natural Resources:  Review plans for the construction of an office building to be located in the Richfield Industrial Park (south of B&L Auto).  Because this is a government agency, this review is for courtesy only.
 
Bob Evans is an architect who is representing the Department of Natural Resources.  The property is located in the Industrial Park.  They will be using the two lots between B&L Auto and the storage units.  The fire dispatch center across the street and north will move into this building.  The building will house divisions that are within the Department of Natural Resources including forest fires, state lands, water rights, SITLA, agriculture department, and DWR.
 
In the future they plan to place some buildings to the south of the parking lot for storage of materials for fire fighting, storage of vehicles, and other purposes. 
 
The DRC notes have been acknowledged and the plans comply with the following Zoning Code requirements as follows:  Parking at 65 spaces, setbacks, fencing is not required, adequate landscaping is shown, drainage plan has been provided and will be reviewed by the City’s engineer, adequate parking lot lighting is downcast, and elevation plan looks good.  They will add pathway lighting. 
 
The remaining items on the DRC notes were discussed as follows: 
 
Impact fees are required to be paid but they would like to request that those be waived.  That would have to be addressed by the City Council.   However, Mr. Evans doesn’t think they will pursue having those waived as it sounds like they are minimal.
 
Water and sewer is available.  They will be required to use stainless steel nuts and bolts, or epoxy coated.
 
The mechanical equipment and dumpster will be screened with colored chain link and slats. 
 
The plan shows utilities being installed on the north side of the property.  Because there is no utility easement shown, the DRC recommended they provide a utility easement.  Mr. Evans said the gas line will go there and he doesn’t know if the gas company requires an easement or not.  They will give an easement if the gas company wants one. 
 
The monument sign will sit about 4 feet back from the sidewalk.  The sign is 4’10” tall.  It will need to sit 30 feet from the driveway.  It is shown at 40 feet away from the driveway. 
 
 
5.         Other Business:
            A.   Victor Gutierrez is present to discuss sheds located on property at the northeast corner of 600 South 200 West.  He is here in follow up to the Planning Commission meeting of November 4, 2016.  At that time, it was decided to review this at April’s meeting to see what progress Mr. Gutierrez has made in removing the sheds.
 
Mr. Gutierrez said he knows he has sheds that need to be moved.  He will move them by the end of April.  He won’t bring any more materials there to make it worse.  He has contracted with someone to spray for weeds.  By the end of April, all of the buildings will be gone.  He would like to leave the lumber there.  He will try to control the weeds. 
 
Mr. Gutierrez was advised to come back to Planning Commission meeting on May 3, 2016, unless Gaylen Matheson excuses him. 
 
 
            B.  Kade Murdock is present to discuss animal rights on the property located at West 800 South (RM-11 zone).   This property had animals on it in the past.  However, there is a question as to whether or not the property has lost its non-conforming use allowing animals.  In accordance with Chapter 21 of the Zoning code, a non-conforming use is deemed terminated if the use ceases for a period longer than 365 days.   
 
Mr. Murdock said when he bought the property, he was under the impression that he could have animal rights on this property.  He has done a lot of work cleaning up the property, hauling off the horse manure and old buildings and fences.  He wants to keep his neighbors happy by keeping it clean.  He received a notice from the City’s Code Enforcement Officer, Charles Billingsley, stating that the property was in violation.  The property consists of over an acre of property, and he would like to a keep a horse there for a couple of days in the summer and a few beef cows in the fall. 
 
There was significant discussion concerning this matter.  There was a goat on the property and it is believed that is what drew Mr. Billingsley’s attention to the property.  Goats are not allowed under any circumstance.   
 
Mr. Murdock does not believe animals have been off of the property for 365  consecutive days; therefore, the non-conforming use would still be allowed.  The neighbors he has spoken with do not have a problem with him having a few animals on the property.  There is a gentleman in the audience who says he has lived in this neighborhood and he knows that he had seen animals on the property before Mr. Murdock bought the property.
 
Mr. Murdock was advised that he needs to get some documentation showing that there have been animals consistently on the property in order to allow the use to continue.  The problem with randomly allowing the use to continue is that it sets a precedent for another property owner who may want to keep animals on their property after losing a non-conforming use.    
 
He could get a statement from the previous owners stating that they have had animals on there, as well as letters from the neighbors. 
 
The Code states that the number of animals cannot be increased. 
 
It is the consensus of the Planning Commission that Mr. Murdock should be allowed to have two horses and a cow on the property, based on letters being provided showing that animals have not left the property for 365 consecutive days. 
 
            C.  Dean Ames is present.  This matter is not on the agenda, but Mr. Ames came in the office right at quitting time today.  It was suggested he come to Planning Commission for its help in interpretation of the Code.  His question concerns the R1-6 zone where manufactured homes are located.  There is a vacant lot in the R1-6 zone south of 800 South.  He wondered if he could bring in a manufactured home that is 16 feet wide.  The Code does require a minimum width for homes to be 24 feet; however, it is believed that when the Zoning Code was adopted, that the 24 feet was considered in connection with other homes, but not necessarily those in the R1-6 that are considered manufactured homes.  It was likely an oversight that the manufactured homes were not specifically excluded from this requirement. 

It is the concensus of the Commission that more than likely the 24-foot minimum does not apply to manufactured homes located in the R1-6 zone.
 
            C.   Discuss General Plan and Master Transportation Plan.  Greg Bean has been working on the General Plan and he has gone through 8 of the 11 elements.  Steve Kunzler is still trying to come up with maps for the transportation plan.   
     
            D.   Discuss setting meeting with City Council and Ombudsman for training and question/answer session.    The Commission would like to meet with the Council and the Ombudsman for training and to have questions answered.  One thing that could be discussed is if there are certain future trends in planning and zoning that the Commission should be aware of.   Also, a discussion concerning conditional uses and transportation plans.  
 
 
5.         Adjournment.  Adjourned at 8:30 p.m.
 
PASSED AND APPROVED on the 4th day of May, 2016.
 
/s/  Michelle Curtis
       Deputy City Recorder