Minutes – 08.03.2016

                                                                                    At the Planning Commission
                                                                                    In and For Said City
                                                                                    August 3, 2016

         Minutes of the Richfield City Planning Commission meeting held on Wednesday, August 3, 2016, at 6:00 p.m., Chairman Brion Terry, presiding.
         1.      Roll Call.
         2.      Rezone:  Larry Blake to discuss rezoning the property located at the
                  northeast corner of 100 North 100 West from the D zone to the RM-11 zone. 
         3.      Nonconforming Use:  Judy Stewart to discuss continuation of
                  nonconforming use at 400 East 300 North (CS zone).  The property is used
                  as an area for manufactured homes and is commonly known as the Frye
                  Trailer Park.
         4.      AnnexationConsider recommending that the Council approve the
                  Petition for Annexation filed by Annette Bradshaw, Marie Bradshaw, Fredrick
                  R. Bradshaw, and Bonnie Ann Goddard.  The property is located at
                  approximately 1000 South and 200 East.  It is requested that the property be
                  zoned RM-11. 
         5.      Project Review:  Review plans for the construction of the Eagle View
                  Townhomes, Phase II, to be located at approximately 1000 South and 200
                  East.  (Proposed to be an RM-11 zone) (C-2 use).
         6.      Other Business.
                  A.     Set time for Training/Planning Meeting with City Council and Rural
                           Community Consultants.
                  B.     Discuss General Plan and Master Transportation Plan.   
                  C.     Other items.
          7.   Adjournment
 1.  Roll Call.  Roll call was answered by Brion Terry, Steve Kunzler, Greg Bean, Jeff Albrecht, Monte Turner, David Mower, and Lisa White.
City Staff Present:   Zoning Administrator Gaylen Matheson and Deputy City Recorder Michelle Curtis.    
Others present:  Brayden Gardner, Greg Wagner, Tim Ramey, Janae Blake, Larry Blake, Perry Gardner, Mark Phillips, Rose Mayfield, David Nielson, Glenys Poulson,  Mrs. Blaine Poulson, Blaine Poulson,  
2.  Rezone:  Larry Blake is present to discuss the property located at the northeast corner of 100 North 100 West.  He wonders about the possibility of rezoning the property from the D zone to the RM-11 zone.  He is under contract to sell the property which was the old “Parsons Bakery” and the property west of the old bakery.  The same gentleman would also like to buy the property on corner and develop the properties.  They would like to tear down the house on the corner and build 4-plexes.  The construction of new multi-family units is not allowed in the D zone. 
The RM-11 zone is kitty corner from this property so the zones would be touching at the corners.  The DRC reviewed this and talked about changing the Use Table to allow new construction of multi-family units in the D zone rather than changing the zone for this specific property.  There are several existing multi-family units in the D zone.
After discussing these possibilities, the Commission would like to publish notice for a public hearing to receive comments concerning changing the Use Table as it pertains to the D zone and multi-family housing.  This will also include considering changing the Use Table for Commercial Zones.   
David Mower proposes that the Public Notice should say that the Planning Commission is considering changing the Downtown and the Commercial Shopping Zones to allow some some type of residential uses. 
3.      Nonconforming Use:  Judy Stewart to discuss continuation of nonconforming use at 400 East 300 North (CS zone).  The property is used as an area for manufactured homes and is commonly known as the Frye Trailer Park.  Judy Stewart is not present.  This is a legal non-conforming use. The question would be whether or not the number of units that has been allowed can stay the same or if the number decreases as units are moved off of the property.  For example, if a manufactured home is moved off of the property for a period of more than one year, does that mean the property loses its non-conforming use for that one spot, or can a manufactured home or recreational vehicle be placed at that spot at a later date.  Can the property maintain the number it has?
It is Greg Bean’s opinion that if there is a certain number grandfathered in, then as long as they are using this property for that use, then the City shouldn’t cut down the number of units.  The Commission might be able to say you can’t increase the use, but it doesn’t seem like the City should tell her she has to cut down the use just because there is a spot that has been vacant for a while.  The non-conforming use applies to the property as a whole and not each individual spot. 
Gaylen Matheson said there is an actual power pedestal for each unit and that probably prohibits her from adding more.  But he does believe this is how some communities have gotten rid of these non-conforming uses by not allowing another one to come on once one has been removed. 
The Commission would like to know what Attorney Richard Chamberlain thinks, and then have Judy Stewart come to Planning Commission next month. 
4.      AnnexationConsider recommending that the Council approve the Petition for Annexation filed by Annette Bradshaw, Marie Bradshaw, Fredrick R. Bradshaw, and Bonnie Ann Goddard.  The property is located at approximately 1000 South and 200 East.  It is requested that the property be zoned RM-11. 
Brayden Gardner and Greg Wagner are present on behalf of the petitioners.  This property is immediately west of the existing Eagle View Townhomes.  After the property has been annexed, they will bring in complete plans for a development of the second phase of the Eagle View Townhomes. 
Chairman Brion Terry explained that he met with the DRC and the developer has agreed to the items outlined in the DRC notes of July 28, 2016.   Their plans have been changed to reflect these items.  However, this item is on the agenda to make a motion as to whether or not to recommend that the City Council annex this property.
Brayden Gardner said currently the annexation is the biggest concern because they will be submitting an application for tax credits to be used in the development of this property.  The site plan does not have to completed or finalized for the application, so there is time to work through these issues. 
The Commission was advised that it is important to identify any conditions of annexation, i.e., streets, utilities, etc.
In the past there has been discussion concerning 800 South being developed as a major collector going east from 100 East Street.  The DRC had recommended that the proposed 800 South should be aligned so that it goes along the north boundary of this property.  That will require 800 South going through property west of the subject property.  It is owned by the Poulsons.   The road would have to go through the  Poulson property with a gentle S curve in order to move it over to the north boundary of the subject property.  Their engineer, Dave Clark, has revised their plan reflecting 800 South as taking half of the street out of Phase 2 of the Eagle View property, the parcel which is  proposed for annexation. 
Concerning the road, Chairman Terry said that if the property is annexed, the developer would be responsible for developing 800 South next to this property.  This leaves an area west of the property which is approximately 350 to 400 feet where 800 South will not join with the western extension of 800 South.  That would be the property owned by the Poulsons.  Mr. Gardner said when they started phase 1 of the townhome project, he met with Brooks Poulson about acquiring his property because it is north of the phase 1 property.  Mr. Poulson had no interest at that point in selling.  They would have liked to purchase the property at that time realizing that 800 South was intended to go through there.  It made better sense for the development to tie into the 800 South as well, but Mr. Poulson had no interest in selling.  Because the phase 1 property had been annexed several years ago, there was no possibility of making annexation conditioned upon purchasing the property and installing 800 South. 
With this current annexation, all the City could require is a right-of-way along the north side of the phase 2 property, as well as a requirement to complete the street improvements to the centerline plus 10 feet.  It is Mr. Gardner’s opinion that at the time 800 South is completed to go all the way from 100 East to 200 East, taking 800 South through the Poulson property would be responsibility of the City, either through condemnation or working through the property owners.   The portion of 800 South that will be completed by the developer in connection with phase 2 will be able to be accessed from 200 East.   This will eventually require the use of the David Nielson property which is north of the phase 2 property. 
Lisa White said she does have issues several issues dealing with this property.  She has visited with surrounding property owners and they feel like this is an incompatible use being multi-residential fronting on farm land.  High density residential is an incompatible use with farm land.  Additional concerns are with water quality, the storm run-off going into the water that goes down into the drainage ditches which irrigates the fields.  They have seen changes in water quantity as a result of this development.  There is a power line which runs on the north side of 1000 South which might affect  how the road is developed and perhaps requiring a larger share of the street to come out of the south side of the road. 
Greg Bean wondered what kind of issues that presents for the City where the farmland is in the County.  He appreciates that those people have concerns, but legally he is not sure if there is anything the City can do about it. 
Brayden Gardner said he has spent a lot of time working this developer and looking throughout the City as to compatible, available ground for this type of development.  There is not another piece of property in the City that is large enough for a multi-family development.  There is not any open space available.  He said the highest and best use of this property is the RM-11.  It doesn’t seem viable for commercial use as it is too far off of Main Street with zero visibility.  The highest and best use is for multi-family other than pasture.  Unfortunately, there will be impacts to neighbors regardless of where it is located.  The only piece available in town with the potential for multi-family is between the freeway and the canal by the sawdust pits.  That isn’t the greatest location for children.  Anything else would have to be annexed and rezoned just as this property.  This property has the least negative effects. 
As far as a need for this type of development, Mr. Wagner said they receive about five inquiries a day as to vacancies in phase 1.  There are 47 people on a waiting list for two-bedroom units.  He attended a meeting with Six County Association of Governments Department of Community Assistance Advisory Board and they discussed all sorts of housing issues.  They are thrilled with them bringing this project.  Brayden Gardner said when phase 1 was completed, there was a lot of concern by other landlords in the area.  His company, ERA, manages a little over 200 units and there was a huge concern that their vacancy rate would increase.  Instead, their vacancy rate has actually gone the other direction.  Out of 200 units that they manage, there are only two units available.  Rents have gone up on average 5 to 7%. 
This development is not low income but rather moderate income.  It works on a sliding scale of proportionality.   
David Mower asked how it is determined what zone a property becomes upon annexation.  The General Plan states that it takes on the lowest density residential or agriculture until there is a suitable plan for development approved.   
Jeff Albrecht advised them that the further east they go, the water table is going to get higher and it will get more and more expensive to develop. Greg Wagner said they don’t have any future plans beyond this phase 2.  They spent quite a lot of money on phase 1 to address the water issue. 
Steve Kunzler said he would be interested to know how many of their current 47 units have been filled with Sevier County residents?  Where they say there is a need for housing for Sevier County residents, he wonders how many actually are local people?  He knows of several who have come from other areas just to occupy the building.   Mr. Wagner does not know the answer to that, but could find out. 
Steve Kunzler also pointed out that with 800 South, it will probably be quite some time before 800 South serves a purpose for anyone but this development; however, they are to the point now where the number of units really justifies the construction of 800 South.  The City needs to keep that in mind with that many units being serviced off of 1000 South onto Main Street, and 1000 is not a signalized intersection.  He has watched it and a few people to go to the signal at 800 South which is a signalized intersection.  This is a lot of units for one intersection.  This indicates some type of traffic study.  The negotiations regarding 800 South need to happen right now or it may never happen.  But there will be a real need for it by the time they are finished with this second phase. 
Greg Wagner said they are willing to develop 800 South along the portion of their phase 2 property.  He is in Richfield on a regular basis, and he has not observed any traffic issues.   
Greg Wagner was asked if the City was able to obtain a right-of-way through the property north of phase 1, would the developer be willing to develop 800 South on that property in order to connect to 800 South.   Mr. Wagner said they would have to see the cost and if it is feasible.  They can still service their development from the portion of 800 South that they will be completing because they can go around on 200 East. 
Concerning the property to the north, Brayden Gardner spoke with Blaine Poulson last week and he has been unsuccessful in getting with David Nielson. 
Blaine Poulson said they know that 800 South is going to develop sooner or later but he wonders why it can’t be located at his south property line rather than lining up with 800 South which on the west side of 100 East.  If it goes through straight, it will leave him a remainder of property on the south side that has no feasible use.  He was advised that design standards for safety do not allow offsetting roadways.  This is a safety issue in limiting accidents with left-hand turns and right-hand movements. 
Blaine Poulson understands that, but he wonders what he is suppose to do with the remainder piece that is left over.  Steve Kunzler said he thinks the City would probably have to do something to make it fair for the property owner.  It seems that however the road is developed, it ought to include that small piece of property that is rendered not useable. 
Mr. Poulson’s pasture is 2.5 acres.  It appears that after the road goes through there, he will be left with approximately 1.5 acres.  Mr. Poulson was asked if they are totally against this happening?  He said they have always known that the road would be built eventually. 
David Nielson owns the pasture immediately north of phase 2.  He stated that he has absolutely no interest in allowing anything to go across his property.  He said the traffic issue is a problem.  His property is also 2.5 acres. 
Chairman Terry points out that development is always a fight and even though it seems like it will be a long time before 800 South becomes a major collector going all the way to the Annabella Road, it is still the Commission’s responsibility to plan for that future development no matter what is perceived.   It does need to be planned for.  There will come a point in time where the property is valuable enough, and as the City grows, it will have the value that allows the expansion of paved roads.
Steven Kunzler advises there was a lot of work on behalf of the City and the State to identify the signalized intersections on Main Street to accommodate spacing and the movement of traffic.  That is why 800 South is important because of location and spacing from the signals at Wal-Mart and K-Mart.  We do need to plan to accommodate that plan. 
Steve Kunzler motioned to recommend that the property be annexed and given the zone designation of RM-11, with the condition that a right-of-way is given for all street rights-of-way continguous to their property:  800 South, 200 East, and 1000 South.   Also, a recommendation that negotiations concerning 800 South should continue between the property owners.  The City needs to be involved in those discussions and negotiations.  Jeff Albrecht seconded the motion.  The motion carried unanimously.  Those voting AYE:  David Mower, Brion Terry, Monte Turner, Steve Kunzler, Jeff Albrecht.   Those voting NAY:  Greg Bean and Lisa White.  Mr. Bean’s concern is that there isn’t time to work out all of the issues with the roads that are going to be very important.  He would like to see those things addressed before going ahead with the annexation.  Mrs. White voiced her concerns earlier in the meeting. 
Greg Wagner reiterated that they would have welcomed 800 South on phase 1, but it was not possible at that time because the Pousons were not interested in selling.  
5.      Project Review:  Review plans for the construction of the Eagle View Townhomes, Phase II, to be located at approximately 1000 South and 200 East.  (Proposed to be an RM-11 zone).  (C-2 use.)  (NOTE:  This has been partially discussed in connection with the annexation discussion above.)
The plans for the development of phase 2 show 800 South being developed on the north boundary of the property.  They will also develop 200 East and 1000 South.    These would be constructed to their half of the road plus 10 feet. 
A play area is shown at approximately 80’x80’.  It will be grass.  There a shed shown there as well which will be used for storage.  There is a seven-space parking lot adjacent to the play area.  The DRC had recommended that they consider creating a gate between phase 1 and phase 2 for access to the play area.  Greg Wagner does not foresee that being a problem. 
Dave Clark had called and said the City’s development standards show two different cross sections for 800 South.  He wondered which one he should use.  The Planning Commission prefers the standard where there is not a planter strip.
Jeff Albrecht pointed out that with the first phase when they finished all of the grading and the detention basin, there was standing water in the bottom of it and the grades didn’t work out the way they were supposed to.  They ended up putting in a pump to pump out the water.  That pipe now runs across 1000 South.  They were trying to get an easement to dump the water on this property.  Now that they will own this property, they need to get that pipe out and put it into the curb and make sure the new storm drain has a place to overflow and get to the ditch on the south side of the road.  The problem was that it was so deep relative to the ditch on the south side of the road, it couldn’t flow into it.  They had to pump it over to it.  Now this will be almost 2 feet lower in elevation and the water table is going to be that much higher.  They are going to have to spend a lot more money on fill. 
Chairman Terry asked that Michelle Curtis send out the development plans as soon as they are received in the office so that the Commission has time to review them.
6.      Other Business.
         A.        Set time for Training/Planning Meeting with City Council and Rural Community Consultants.  The Commission would like to meet with the Council on September 27th at 6:00 p.m. 
         B.        Discuss General Plan and Master Transportation Plan.   In going over revisions to the General Plan, the Commission would like to discuss this at the end of the regular meetings.  They may want to consider some work sessions. 
         C.        Other items.  There were no other items.
7.  Adjournment.  The meeting adjourned at 8:30 p.m.
PASSED AND APPROVED on the 7th day of September, 2016.
/s/  Michelle Curtis
      Deputy City Recorder