Minutes – 06.03.2015

COUNTY OF SEVIER 
CITY OF RICHFIELD
 
At the Planning Commission
In and For Said City
June 3, 2015
 
Minutes of the Richfield City Planning Commission meeting held on Wednesday, June 3, 2015, at 6:00 p.m., Chairman Brion Terry, presiding.
 
        1.     Roll Call.
        2.     Minutes Approval:  Consider approving minutes of May 6, 2015.  
        3.     Public Hearing (6:00 p.m.):  Accept comments concerning a
                 proposed amendment to the Zoning Code concerning lot size and
                 frontage requirements for corner lots in residential zones. 
        4.     Adams Outdoor Adventures:  Review and consider approving an
                 application for the rental of RVs, ATVs, bounce houses, and other
                 party  items, said business to be located at 1030 South Hwy 118, Suite
                 B (CS zone, C-2 use). 
        5.     Athenian eAcadmey:  Review and consider recommending approval
                 of plans for a charter school to be located at approximately 700 West
                 1500 South (MG zone, C-2 use). 
        6.     Zoning Code Amendment:  Consider recommending amending the
                 Zoning Code concerning corner lot sizes and lot frontage in residential
                 zones, particularly the RR-1 and larger zones.
        7.     Other Business: 
                 A.  Blaine Poulson to discuss his property located on 100 East 800
                      South and the impact of the Master Transportation Plan on his
                      property as well as the townhouse project being constructed
                      immediately south of this property.
                 B.  Discuss General Plan and Master Transportation Plan.
                 C.  Other items.
        8.     Adjournment.
                  
 
 1.  Roll Call.  Roll call was answered by David Mower, Monte Turner, Brion Terry, Pat Hansen, and Jeff Albrecht.    Greg Bean and Steve Kunzler were not present. 
 
City Staff Present:   Zoning Administrator Gaylen Matheson and Deputy City Recorder Michelle Curtis.   
 
Others present:  David Jensen, Brandon Jensen, Tim Adams, Matt Throckmorton, Charlie Ford, Blaine Poulson, Linda Poulson, Glenyce Poulson
2.   Minutes Approval.   The minutes of May 6, 2015, were reviewed.  Page 5 line 9, the word “would” will be deleted.  Page 5, line 12 the words “sit at” will be added so it reads “a garage to sit at the side of the home…”.   David Mower motioned to approve the minutes of May 6, 2015, as corrected.  Monte Turner seconded the motion.  The motion carried unanimously. 
 
3.   Public Hearing (6:16 p.m):  A public hearing was held to accept comments concerning a proposed amendment to the Zoning Code concerning lot size and width requirements for corner lots in residential zones.  The proposal is to decrease the required width for lots that are larger than ½ acre.  The current Code requires the following widths:  RR-1 = 200 feet; RR-5 = 250 feet; F-1 = 1320 feet.  The Commission would like to reduce those widths.  The Subdivision Code also requires that corner lots are 20% larger than the minimum size required in that zone.  It seems like that requirement should not be necessary in zones with minimum lot sizes over ½ acre.  There were no public comments.  The public hearing closed at 6:24:27 PM. 
 
4.   Adams Outdoor Adventurer:  Tim Adams was present requesting permission to conduct a rental business called Adams Outdoor Adventures at 1030 South Hwy 118, Suite B (CS zone, C-2 use).  Mr. Adams said there is a need for the types of rentals that he will be offering.  He will be renting bounce houses, party supplies (tables, chairs, snowcone machines, etc.).  
 
The location for this business is owned by Jorgensens.  He provided a letter from Dennis Jorgensen stating that Mr. Adams is renting the property and they have approved the type of business he will be conducting.  The property is on the west side of the building where Lincare is currently located (north of McDonald’s).  Mr. Adams does not anticipate customers needing to come to this location.  The business will be conducted over the phone and the internet.  He will deliver equipment to customers.
 
As far as signage, there won’t be a sign on the building.  They would like to place a sign on the fence.  He also has permission to use a sign owned by Jorgensens which is on Main Street in front of this property.  
 
Jeff Albrecht motioned to recommend approval of a Conditional Use Permit allowing Tim Adams to conduct a business called Adams Outdoor Adventures to be located at 1030 South Hwy 118, Suite B (CS zone, C-2 use).  Pat Hansen seconded the motion.  The motion carried unanimously. 
 
5.   Athenian eAcademy.  Matt Throckmorton and Charlie Ford represented Athenian eAcademy.  They presented plans for a charter school to be located at approximately 700 West 1500 South (MG Zone, C-2 use). 
 
Mr. Throckmorton explained that charter schools are public schools, but they have to exist with a very specific reason.  They are approved by the State Board of Education.  The purpose of this charter school is to go into rural communities and serve students for whom the traditional school isn’t working.  Their overall charter school is 650 students to be spread between Tremonton, Roosevelt, Richfield, Nephi, Ephraim, Delta, and Provo.  Their student population at the Richfield site will be 125 to 130 students.   They are capped at that number and in order to increase it, they would have to go to the State for authorization. 
 
 A lot of their students are currently home schooled and some will come from the traditional system.  A charter school is not a private school, and the students do not pay tuition.  This will be a K thru 12 school.  Approximately 85% are K thru 8 with about 17 students in grades 9 thru 12.  A lot of those are students who have dropped out of high school, so this is an opportunity for them to go back to school to get caught up. 
 
The school’s structure and hours are different from traditional school.   They were approved to be a strictly virtual school so it could be done at home, but that is not their mission.  Their mission is to allow the curriculum to be accessed virtually, but to have the kids come in and spend a regular school day with the teacher.  Almost half of the students are home-schooled, but only about 20 are going to do a majority of their work at home and will come to the school a couple of days a week to spend time with a teacher for assessments, projects, etc. 
 
The school will have five full-time teachers and five para-professionals so there will be 10 people who park there on a daily basis.  There may be a few high school students who drive to school, but they will encourage them to carpool.  As far as students who will be 16 or older, they don’t have any seniors, there are a couple of 11^th graders, and six or seven 10^th graders. 
 
Mr. Throckmorton said parents come to campus and stay, they have to schedule that in advance.  They put parents through a curriculum so they know the curriculum, classroom management, and expectations.  Any school having a parent just wander around is disruptive.  If parents are there, they need to be focused on an assignment, knowing what they are doing, and what is expected of them. 
 
Mr. Throckmorton was asked if one of their goals is to take students through to graduation.  He said the research on schools having a large grade range is that kids basically get tired of going to the same school.  It is anticipated that by the time 1^st and 2^nd graders get to 7^th or 8^th grade, they will hopefully be thriving, but wanting something different and will probably go to a public school. 
 
As far as lunch time, the high school students will do a couple of classes virtually at home and will have had lunch when they come into class at noon.  The school is too small to have a kitchen or cafeteria, so everybody else will bring sack lunches.  Recesses are monitored and structured to count as P.E.  Their class instruction size is about 8 students to 1 teacher.
 
Several items in the DRC notes have to do with the location.  Why did they choose the location?  Was there a better spot they could have chosen?  Mr. Throckmorton said they are very excited about the location.  One of the things they want to offer their students is Civil Air Patrol, so they are pleased with the proximity to the airport.  He knows this is an industrial area, but they are not worried about that.  They know they will need to sign a waiver because potentially there could be some other uses approved in the zone.  Another reason for the location was the cost of the property and access to utilities.  There are just a lot of good things at this site.
 
Dave Jensen is present.  His company, A&D Jensen, owns property on three sides of the proposed school location.  Mr. Jensen’s concern is that his business creates a lot of dust, noise, and smells.  They are also worried about having small children around their heavy equipment.   They have a cement batch plant that sits nears the common property line with the school.  The batch plant runs at all times of the day.  Mr. Jensen said his company will not be a good neighbor because of its activities, and they are worried about the charter school complaining.  They are already established and don’t want restrictions placed on them because of the school locating next to them. 
 
Mr. Throckmorton said they are old school.  They believe in hard work, discipline, and being good neighbors.  They are not whiney.  The work that goes on at A&D Jensen’s property reflects the hard working people of the community which is part of what they want to instill in their students. 
 
Brandon Jensen said they load gravel right next to the fence and it is loud enough that they have to wear protection against the noise, and their trucks have an alarm when they back up.  They don’t want to be liable for damaging students’ hearing.  The Jensens said they are not against the school, but they do want the school to be aware of the issues that currently exist near the property. 
 
Mr. Throckmorton said they are willing to sign a waiver.  Charter schools can’t do bonds.  Public schools get to do bonds and it is typical that they buy property 20 or 30 years in advance.  Charter schools can’t do that which is one reason they use modular buildings for their classrooms.  They are neither fancy nor pretty, but they are inexpensive.   The less they spend on buildings, the more they can put into classrooms. 
 
They are accustomed to being tucked away into odd spots.  State law was changed a number of years ago so that charter schools can go into any zone.  When they asked charter schools where would they want to go, the charter schools said anywhere that works, whether it is industrial or commercial. 
 
The above items will be outlined in the Waiver which they will sign acknowledging they are aware of the issues that currently exist.  Also, it is noted that the M zone allows sexually oriented businesses and the school will sign a waiver concerning that. 
 
Chairman Terry said even though they are willing to sign a Waiver, it is the parents who are likely to get upset about these issues.  He wonders if parents will be made aware that the school will be located where there is a heavy industrial business next door.  Mr. Throckmorton agreed to make parents aware of this.  Parents already know the airport is there.  He points out that a charter school is a school of choice so if they don’t like what is going on at the school, they can leave and go back to public school or home school.  Because of this, if they are going to run a good school, it becomes their responsibility to communicate with parents.   
 
The DRC notes were discussed as follows: 
 
1.   Airport.  Because of the proximity to the airport, Matt Creamer has checked with the airport engineer to make sure there are no issues with the placement of these buildings.  Mr. Leseberg of Javiation Engineering will check to make sure there is no conflict.  The developer needs to provide the elevation of the property, height of the peak of the tallest building, and GPS coordinates for the corners of the buildings.
 
Mr. Ford said they are currently working on the locations for the corners.  The buildings will be 14 feet tall.  They will get the information to Matt Creamer. 
 
2.  Driveway area.  The property is accessed with a horseshoe-shaped driveway coming off of 1500 South.  Clarify the material that will be used for the driveway.  Install asphalt from the edge of the road to the driveway entrances in order to prevent damage and crumbling of the asphalt edge of the road. 
 
The driveway area will be asphalt with a concrete sidewalk.  The asphalt driveway will meet with the edges of the street so that the edges of the street don’t get beat up.
 
3.  Sewer and Water.  Access to sewer and water is adequate and laterals are in place with the approval of the City’s public works department.
 
Sewer and water is already stubbed. 
 
4.  Fire Hydrants.  A fire hydrant is located directly across the street north of this property. 
 
Agreed.
 
5.  Curb, gutter, sidewalk.  Under the Utah Code, Section 10-9a-305(3) (b), a municipality may not require a charter school to participate in the cost of any sidewalk that is not reasonably necessary for the safety of school children.  Because there are no other sidewalks in the area, a sidewalk should not be required at this time.  However, as other properties develop in the area, and sidewalks are installed, it seems reasonable that it would increase student safety if a sidewalk is also installed at this property.  Therefore, an agreement should be entered that the property owner will install a sidewalk a future date when sidewalks are installed on either side of this property.  
 
They will enter an agreement stating they will do this. 
 
6.  Street light.  A street light needs to be installed at developer’s expense.  The plan shows a power pole on 1500 South that will be relocated.  Show where the pole will be relocated. 
 
There is currently a light pole where the driveway will be.  It will be relocated in about the center of the park strip near the center of the lot.  They have contacted Rocky Mountain Power about adding a light to the pole.  They agree to pay for this.  The light needs to shine over the street. 
 
7.  Drainage.  Provide an on-site drainage plan that meets approval of City Engineer.  As far as off-site drainage, an irrigation ditch has been piped on 1500 South. 
 
They have provided an on-site drainage plan.  They will install dry sumps or retaining pond designed for a 100-year storm. 
 
8.  Landscaping.  The City cannot require landscaping.  However, it appears there will be a large amount of lawn area.   If this is the case, the developer may want to consider installing a separate meter for outside watering so they aren’t charged a sewer fee for the water used for outside watering. 
 
They are putting in a lot of grass.  They haven’t planned for trees and bushes, but are working with parents and local greenhouses that might donate surpluses at the end of the year. 
 
9.   Parking.  Parking is shown at 17 parking spaces.  Parking spaces should be 9’x20’.  Parking will not be allowed on the street.  As the school’s enrollment grows, are there plans for additional parking?  May want to consider situating the buildings so there is more space to the side of the buildings which would allow access to parking at the back of the property.   Is there a standard used by schools in determining the recommended number of parking spaces?  Please provide that standard. 
 
They feel like 17 parking spots are adequate.  This would accommodate the 10 full-time staff members.  There would be a little bit of traffic coming in with parents dropping off students. If they need more parking, there could be overflow parking on both sides of the driveway where a gravel area is shown.  It is estimated they could fit 30+ cars there.  Commission members said anytime they go to school functions, there is never enough parking.  Mr. Throckmorton pointed out that they don’t have an assembly hall at this school so there would be nowhere to fit 125 kids plus families in one building.  They don’t have a band or sports programs for parents to come to.  Any type of community thing they might do, they would have to go to another location to accommodate it. 
 
The Commission would like the school to provide some justification as to why the proposed amount of parking is adequate.  A concern still remains as to the number of students who might drive to school.  Parking will not be allowed on the street.
 
The last sentence of item 9 asks for the charter school to provide a standard.  They are not aware of an existing standard for schools that recommends a number of parking spaces.  They reiterated that if there was an event for students and families, it would have to be held elsewhere because they cannot accommodate a larger number of people on this campus.  Even if they could provide 100 parking spaces, there isn’t enough space in the buildings for a large crowd. 
 
They were asked to provide a plan showing how many more spaces there would be if cars were to park along the sides of the driveways.  
 
As far as showing justification, they need to provide something in writing setting out why they think parking is adequate, i.e.: what percentage of 16- to 18-year-olds actually drive to their school, how many of their students are old enough to drive, etc. 
 
David Mower was pointed out that not having an assembly hall is a good counter-argument and justification for less parking.  
 
It is possible to move one of the buildings over so that there would be room for a driveway down the side of the buildings in order to park behind, even if parking is on the grass; however, the on-site drainage would have to be taken into account in order to do this.   
 
10.  Signage.  Signs to be approved by the City as to size and location.
 
They will be using a 4’x8’ sign.  It will be lit and 6 feet total in height.  They can go over the details of that with Gaylen Matheson.  They need to provide him with something that shows the actual size, details, and location.
 
11.  Trash Enclosure.  Show where screened dumpster will be placed.
 
There won’t be a dumpster.  They plan to use the regular 100-gallon cans.  The cans will be behind the buildings and hauled out to the street for pick-up during the week. 
 
12.  Fencing.  Under Utah Code 1-9a-305(3)(a), a municipality may not impose requirements for fencing.   It is noted that the property is surrounded by chain link security fencing except for a fence on the east side that is about half the length of the property.  That fence is shorter with barb wire across the top.  The developer may want to consider replacing that portion of the fence with something more suitable for the safety of children. 
 
They will keep the existing fence.   The shorter fence on the east side of the property will be finished similar as to that existing on the other three sides. 
 
13.  Impact fees.  Impact fee to be imposed as provided in Title 11, Chapter 36a. 
 
They are in agreement with this. 
 
14.  Engineering fees.  All engineering review fees to be paid for by the developer
 
They are in agreement with this.
 
City Attorney Richard Chamberlain will draft the agreement/waiver.  That would include an agreement concerning the installation of a sidewalk at a future time, the school acknowledging that they are aware of the annoying circumstances that currently exist near this property, and that sexually-oriented businesses are allowed in this zone. 
 
David Mower motioned that based on the commitments made in this meeting, the Commission recommends that this project move forward subject to the conditions that they have agreed to and addressing the DRC comments.  Monte Turner seconded the motion.  The motion carried unanimously. 
 
6.   Zoning Code Amendment.  Consideration is given to making a
recommendation concerning the requirement for corner lot sizes and lot width in residential zones. 
 
Jeff Albrecht motioned to recommend that an amendment be made to Table 31.3 of the Zoning Code changing the minimum lot width to 160 feet in the RR-1, RR-5, and F-1 zones.  Also, recommend amendment to Section 805.6 of the Subdivision Code stating that the RR-1, RR-5, and F-1 zones are exempt from the requirement that corner lots are required to be a minimum of twenty (20) percent larger than the minimum lot size required.  Pat Hansen seconded the motion.  The motion carried unanimously. 
 
7.  Other Business. 
 
           A.  Glenyce Poulson, Blaine Poulson, and Linda Poulson are present.  The Poulsons own the property north of the townhouse project being built on 100 East between 800 and 1000 South.  The City’s Master Transportation Plan shows 800 South going east through the Poulson property to the Annabella Road at some time in the future.  When that street goes through there, it will leave him with an approximate 70-foot strip of property on the south side of the road that is going to be virtually useless.  He wishes he had known about the townhouses before they started building and perhaps they could have included this strip in their project. 
 
Mr. Poulson was told that the Planning Commission did suggest to the developers that they contact their neighbors and perhaps purchase that from the Poulsons.  Apparently, the developers did not contact the Poulsons.  While it would have been nice if the developers had talked with the Poulsons and purchased their property, the Commission did not have the power to force the developers to do that. 
 
It was pointed out that the road will not go through Poulsons’ property until Poulsons develop the property or someone else buys it from them and develops it. 
 
 
           B.  Discuss General Plan and Master Transportation Plan.   Steve Kunzler has been reviewing the Master Transportation Plan.  He will study it a little further and then bring it to the group for discussion.  Tabled. 
 
           C.  Other Items.   There were no other items to be discussed. 
 
 
8.  Adjournment.  The meeting adjourned at 8:35 p.m.
 
PASSED AND APPROVED on the 5^th day of August, 2015.
 
/s/  Michelle Curtis
       Deputy City Recorder