Minutes – 06.02.2021

COUNTY OF SEVIER 

CITY OF RICHFIELD

                                                                                    At the Planning Commission

                                                                                    In and For Said City

                                                                                    June 2, 2021

Minutes of the Richfield City Planning Commission meeting held on Wednesday, June 2, 2021, at 6:00 p.m., Assistant Chairman Greg Bean, presiding.

1.        Roll Call

2.        Self-Storage Units

           A.    Dan Farley to discuss requirements for placing self-storage units at approximately

                  75 East 1300 South (East of Tractor Supply) (CG zone, C-2 use).  Specifically discuss

                  requirements for street improvements on 100 East and requirements for exterior

                  finish of metal buildings.

3.        Multi-Family Housing

           A.    Consider recommending that the City Council approve plans for the CJM Smith

                  Apartments to be located on the south side of 1500 South between Hwy 118 and

                  100 West (across the street north of the Wal-Mart strip mall).   (RM-24 zone, C-2

                  use.)

4.        Commercial Business

           A.    Consider recommending that the City Council approve the creation of a soda shop

                  to be located at 300 North 700 East.   (CS zone, C-2 use). 

5.        Minutes Approval:

           A.     Consider approving minutes of May 5, 2021.

6.        Other Business

        A.     Discuss meeting with Bruce Parker concerning General Plan, July 7, 2021, or

                  another date. 

           B.    Discuss dog kennels in commercial zones.

           C.    Discuss short-term rentals.

7.       Adjournment

1.  Roll Call.  Roll call was answered by Greg Bean, Lisa White, Susan Jensen, Landon Larsen, Blaine Breinholt, and Josh Peterson.  Kendrick Thomas was excused. 

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

Others present:  Stacy Boyter, Rayanna Boyter, Alex Boyter, Travis Kyhl, Brayden Gardner, Donna Hartle, and Carson DeMille. 

2.   Self-Storage Units

                 A.    Dan Farley to discuss requirements for placing self-storage units at approximately 75 East 1300 South (East of Tractor Supply) (CG zone, C-2 use).  Discuss specifically requirements for street improvements on 100 East and requirements for exterior finish of metal buildings.

Dan Farley was not present.  This matter is on next week’s City Council agenda for discussion and decisions concerning required street improvements and exterior finishes.

3.         Multi-Family Housing

            A.         Consider recommending that the City Council approve plans for the CJM Smith Apartments to be located on the south side of 1500 South between Hwy 118 and 100 West (across the street north of the Wal-Mart strip mall).   (RM-24 zone, C-2 use)

Carson DeMille represented the Petitioner.  The DRC notes were reviewed as follows:

                1.  Transportation Plan:  1500 South is shown as a minor collector which is a 60’ right-of-way.

                     100 West is shown as a major collector which is a 66’ right-of-way.  

                2.  Site Plan:  Site plan has been provided.  Provide a site plan showing dimensions, roadway

                    improvements, utilities (including electrical and natural gas).  Show on-site parking lot

                    lighting.

They do not have the electrical plan yet but will provide those as well as natural gas plans.   

                3.  Sewer:  Sewer is shown as coming off of 100 West.  They will have to get a right-of-way

                    from the property owner to the east in order to tie in to the sewer at 100 East.  (8” sewer)

                4.  Water:  Water is shown as looping from both 1500 South and 100 West.    (8” water)

                5.  Fire Hydrant:  There is a fire hydrant at the corner of 1500 South 100 West.  Show

                     additional fire hydrants that are required.

Mr. DeMille said fire hydrants will be shown on the plan. 

                6.  Street Improvements:  Street improvements are planned on 1500 South which includes

                     curb, gutter, and sidewalk.  They do not plan to do street improvements on 100 West,

                     other than asphalt for travel lanes.  The Code requires completed street improvements

                     along 100 West as well. 

Currently the plan is drawn with 100 West being finished going south to a point less than half-way, and then turning into their property with a curving road that goes

west into this phase 1 of the project.  Mr. DeMille believes finishing 100 West all the way to south boundary with an access road going west along the south

boundary will be better for the petitioner in the long run. 

Mr. DeMille asked if they would have to do curb, gutter, and sidewalk.  That is required by the Zoning Code.  They could ask the City Council to waive the

requirement.      

                7.  Knox Box:  Knox box recommended for club house.

                8.  Street Lights:  Show street lights on plan.  Street lights are required on 1500 South and 100

                     West.  Street lights in commercial areas are to be spaced at every 175 to 200 feet on

                     alternating sides of the road.

Street lights will be shown on the plans.

                9.  Drainage:  Provide on-site and off-site drainage plans including piping of any irrigation

                     ditches. 

Drainage plans have been designed and will be provided.  Page C101 shows the irrigation pipe being piped.  There will be some underground storm drainage.   Mr.

DeMille has done the calculations.  They will have a design for that.  It wll be piped.  He does not believe there are any cross-culverts on the highway.    

Josh Peterson thinks he can see a cross culvert according to the maps he has.  Mr. DeMille said they plan to keep the barrow and swale that exists and send the

drainage where it already is.  Mr. Peterson said if they change the natural path, they will have to take care of it.   

Mr. DeMille will also look at the map to see if there are any French drains through this area.

              10.  Landscaping:  Landscaping plan has been provided.  Open space is shown as 39.8% of the

                     property.

              11.  Parking:  280 spaces are required.  The plan shows 303 spaces with the notation that 20

                    of these spaces are intended to be used for phase 2.

Chairman Bean asked about parking for the club house.  These extra spaces may need to be used for club house parking.  Parking will have to be reviewed when

phase 2 comes in.  They will verify that they have the correct number of ADA parking spaces. 

                12.  Signage: City Building official to approve signage.  Also, developer to provide street

                       address signs and stop signs, etc. 

Signage will be shown on the plan. 

               13.  Trash Enclosure:  Five trash enclosures are shown on the plan.

               14.  Fencing:  The Code requires a sight-obscuring masonry fence to be installed around the

                      perimeter of the property.  A fence should be installed along the south side and the west

                      side of the property.  It is suggested that the fence on the north and east sides could be

                      delayed until completion of the other phases of the project.  The northwest portion of

                      this property is zoned CG; therefore, a fence would be installed on the north side of phase

                      one of the apartments, between the apartments and the commercial zone rather than on

                      1500 South. 

There will be a fence along the west border of the property.  Mr. DeMille asked if privacy slats are acceptable.   Lisa White pointed out that the purpose of the fence

would be for privacy and noise reduction.  On the south side, they will be required to do the fence only along the phase 1 portion of the project.  However, they may

need to install a fence anyway if there is any livestock on the adjoining property.  The Council would have to waive the fence on the east side of the property. 

                15.  Building Elevations and Finishes:  This has been provided with the plans.

                16.  UDOT:  Ensure that any UDOT regulations are met.

                17.  Airport Manager Approval:  Rick Robinson will show plans to Airport Manager Adam

                       Robinson to ensure that the project does not interfere with airport flight paths, etc.

Rick Robinson has talked with Airport Manager Adam Robinson because the apartments are in close proximity to the airport.  Petitioner needs to provide a form

7460 so the FAA can ensure that elevations do not interfere with flight paths.

               18.  Geotechnical Report:  Provide Geotech report.

They will provide a geotechnical report.

               19.  Addresses:  Rick Robinson will get addresses from the County.

Rick Robinson said they can name any of their own streets that are on the interior of the property. 

              20.  Fees:  Rick Robinson to calculate sewer and water impact fees and building permit fees. 

                     Developer to pay for any engineering costs incurred by the City.

Lisa White motioned to recommend that the City Council approve plans for the CJM Smith Apartments to be located on the south side of 1500 South between Hwy 118 and 100 West (across the street north of the Wal-Mart strip mall), as noted and complying with the DRC comments.  Blaine Breinholt seconded the motion.  Those voting aye:  Greg Bean, Lisa White, Susan Jensen, Landon Larsen, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.   

There are a lot of loose ends to tie up, so Mr. DeMille will let the City know when they are ready to go to City Council. 

4.         Commercial Business

            A.         Consider recommending that the City Council approve the creation of a soda shop to be located at 300 North 709 East.   (CS zone, C-2 use). 

The DRC comments were reviewed as follows:

                1.  It appears that the southern-most driveway is over 50 feet away from the corner which

                     meets City Code.  They will have to check with UDOT to see what regulations it has

                     concerning this property on 300 North

                2.  Meet health department requirements.

They have met with the health department.  They haven’t completed the purchase of the home yet.  The health department will not require a remodel for a

commercial kitchen. They need a dish washer with a sanitary cycle.  They also need a double sink area.  They won’t be cooking.

                3.  Any new business triggers the requirement for the installation of street improvements

                     which includes curb, gutter, sidewalk along 700 East.  

They were advised that the Code requires these street improvements.  If they can’t do street improvements, they would have to see if the City Council will give them

a waiver.    

                4.  Landscape 10% of property. 

This property has been a residential home and so there is yard space.  It can be xeriscaped.  They would want to place a few picnic tables out. 

                5.  Drive-through area to be delineated and a hard surface.

They would have to delineate some way to direct traffic on their site.  The hard surface for the drive-through would have to go to the edge of the street right-of-

way.  That would be asphalt or concrete.  

                6.  Provide a trash enclosure

                7.  Requires a building permit.

Because they will be doing some electrical work and changing windows, they will have to have a building permit. Rick Robinson advises that they will have to comply

with ADA for the windows. 

                8.  Fence required on the north side of the property.

A fence is required on the north side of the property.  The Commission would be alright with the fence being something less than masonry because of the distance

of the driveway from the adjoining property on the north.  Cars entering the property will be going at a slow speed.  A wooden fence or even a chain-link with slats

would be acceptable.  They just need something that would provide privacy and separation, but it does not seem that it needs to be as substantial as a masonry

fence

They do not plan to use this as a residence.  It will just be a soda shop.  They were asked if there is a need for customer parking.  They said they will probably have a

walk-up window in the front.  They could provide some parking in front of the house where the grass area is.  They were advised that if the business grows and they

open up the inside area, there would be additional parking requirements.

Section 1713 states that a drive-through facility shall not be located adjacent to any residential zoning district.  This property is next to a residence, but these homes

are in the CS zone which is not a residential zoning district.  It also states that there shall be a minimum of sixty (60) feet of stacking space to accommodate three (3)

vehicles in the drive-through or drive-up facility.

Signage will have to be approved by Rick Robinson, and UDOT will also have to look at it because it is on a State Highway.  Josh Peterson said they can put a sign on

their property or on the building, but nothing in the UDOT right-of-way.   He suggests that they will want to verify where the right-of-way is.

They need to provide a defined plan showing exactly what they plan to do with parking and drive-through stacking.  They need to provide three or four parking

spaces and show how the rights-of-way will be marked and then measure from there. 

Because this has a drive-through, this is a C2 use which requires approval by the City Council.  It would be of benefit for them to come back to Planning Commission,

but because they have a pending offer on the home, the Commission will pass this on with the understanding that the Boyters will have these loose ends tied up to

present to the City Council.

Josh Peterson motioned to recommend that the City Council approve this application with compliance to the above recommendations.  Lisa White seconded the motion.  Those voting aye:  Greg Bean, Lisa White, Susan Jensen, Landon Larsen, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.   

5.         Minutes Approval:

            A.         Consider approving minutes of May 5, 2021Lisa White motioned to approve the minutes of May 5, 2021.  Blaine Breinholt seconded the motion.  Those voting aye:  Greg Bean, Lisa White, Susan Jensen, Landon Larsen, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.   

6.         Other Business

          A.         Discuss meeting with Bruce Parker concerning General Plan, July 7, 2021, or another date.  This will be added to next month’s agenda on July 7th at 7:00 p.m.

            B.         Discuss dog kennels in commercial zones.  Michelle Curtis said she looked at St. George’s kennel requirements.  It appears they only allow kennels in their AG zone and to be located at least 100 feet from residences.

Lisa White suggests that kennels in commercial zones could be handled with a Conditional Use Permit; however, conditions need to be spelled out in the Zoning Code in order to enforce them.

Discussion points were as follows:

  • Limits on square footage.  A certain number of animals per square foot.
  • They may self-monitor with requiring a certain distance from a home.
  • Need to specify a distance from motels, schools, restaurants. 
  • Discussion that there are a lot of homes in commercial zones; therefore, kennels may not be appropriate in commercial zones.
  • Are we trying to over-restrict?  Apparently kennels are happening without approval.  Rather than trying to prevent them, maybe the City needs more tools to stop it if there are complaints.
  • If a kennel is sound-proofed, that might mitigate noise concerns.

Landon Larsen pointed out that the Zoning Code does already have requirements for kennels, one of them being that the area where the animals are kept are not closer than one hundred (100) feet from any residential structure located on adjacent lots.  There is also a requirement for sound-proofing.  Staff will continue to research what other Cities are doing and what the trends are.  This will be discussed again at next month’s meeting. 

            C.   Discuss short-term rentals.  Lisa Ogden said she has looked at regulations in Laverkin, Panguitch, Boulder, Moab, and Cedar City.  They have a variety of issues. 

LaVerkin allows a total of 75% in each of eight established areas.  If a property sells, the right to have an STR can be transferred to the new owner.

Panguitch allows STRs in all residential zones.

Moab doesn’t allow STRs in residential zones.  They don’t allow any new ones.  If it is designed as a long-term rental, it cannot be used as an STR. 

Heber City allows STRs in single family homes only, and no tents or RVs are allowed.  If they are in an HOA, they require a Letter of Consent.  They have to renew every year.    

Boulder has an official resolution talking about the discussions and the two sides of the issue.  They don’t want it to take over their whole city, but realize some have used it for a second home.  They have divided the City into geographic zones and allow only 15% of the permanent lots to be used as STRs in each section of the City.  The owner of the STR has to be a primary resident of Boulder.  Each household can only own one STR.  They have to be registered to vote in Boulder and have a utility account in Boulder.  

All of the cities require health department inspections and collection of transient room taxes.  Local real estate agent Brayden Gardner was present in the audience and stated that most STR owners are from out of town.    

Josh Peterson looked at STR regulations in Hurricane, Panguitch, and Kanab. 

Hurricane bases their number on the number of residents.  There can be three STRs per 1000 residents.  No STR within 300 feet of another STR.  Josh commented that he likes having a percentage, but doesn’t know about requiring them to be spaced. 

Kanab’s is set up as mother-in-law apartments.  There can be no rooms within a residence.  They have to be in an accessory building.

Panguitch has no limitations.  There are 50 STRs.  They have talked about limiting it, but it becomes the issue of a private property right and nobody is willing to take that on. 

Josh asked these cities what lessons have they learned and what impact have these had on their cities?  Kanab addresses these as accessory dwelling units and they have lost their monthly rentals.  There are fewer places for people to live, and property values have gone up.  Hurricane said it is a nightmare and they wish hadn’t allowed them.  They are rewriting their ordinance so that they are required to have a third-party company manage them so that the City can find them. 

Discussion points as follows:

  • Setting percentage is a good idea. 
  • It might be alright to allow a non-citizen to own one STR in the City.
  • Allowing STRs allows investment for older run-down homes and helps them become an investment property that is kept up.
  • Josh likes a percentage based on area and not zone.  Maybe areas of six to ten blocks.  Laverkin allows 240 lots per area. 
  • Should allow STRs, but limit them.
  • Discussion about owner being a resident of Richfield City or expand it to residents of Sevier County. 
  • Require yearly business license.
  • Limit how many STRs one owner can have.

The committee (Lisa White and Josh Peterson, and staff members Michelle Curtis and Rick Robinson) can get together and flesh it out.  Some members think an owner should be able to own three to five.  Others think one per owner is enough.  The Commission does not want to make it so that one person could have a monopoly on owning STRs.   

            D.  Other Business.  Brayden Gardner and Travis Kyhl were present.  They wanted to make the Planning Commission aware that the Six County Commission is looking at constructing an office and accessory building on 600 North.  They will be utilizing three lots.  One lot is on the south side of 600 North and 100 East and will be used for their new administrative office building.  The other two lots are on the north side of 600 North where they will place an accessory building to house their weatherization crew.  They will also use the north side for overflow parking that will be paved.  They call the accessory building a warehouse for weatherization.  Warehouses aren’t allowed in the CS zone; however, it is felt that in the Zoning Code this would also fall under office building because they will have their weatherization office in that building. 

Blaine Breinholt wanted them to be aware that 30 or 40 years ago, there were plans for a strip mall to be built on the property.  Footings and foundation were actually poured and he can’t remember if that was ever pulled out.  They will want to be aware that they might hit that as they are digging.    

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

PASSED AND APPROVED on the 7th day of July, 2021.

/s/ Michelle Curtis

    Deputy City Recorder