Minutes – 09.01.2021

COUNTY OF SEVIER 

CITY OF RICHFIELD

                                                                                    At the Planning Commission

                                                                                    In and For Said City

                                                                                    September 1, 2021

         Minutes of the Richfield City Planning Commission meeting held on Wednesday, September 1, 2021, at 6:00 p.m., Vice-Chairman Greg Bean, presiding.

1.         Roll Call

2.         Action on Public Hearings held August 4, 2021

          A.         Consider recommending that the City Council approve a zone change on

                   500 West between 700 and 800 South from RM-11 (Multi-Family Residential) to

                        RM-24 (Multi-Family Residential). 

3.         Transportation Plan

            A.         100 West going south from Wal-Mart.  Carson DeMille to discuss changing

                        100 West Street from a major collector to a minor collector. 

4.         Conditional Use Permits

            A.         Summer Wright to request a Conditional Use Permit (Home Occupation Permit)

                        allowing her to conduct a daycare business called Wright Way to Care

                        to be located at her home at 1625 South 100 West (C1- use, R1-10 zone).

            B.         Jim Holt to request a Conditional Use Permit allowing him to operate a second

                        Airbnb at 295 West 700 South (C-1 use, RM-11 zone).

5.         Zoning Code (Internal Accessory Dwelling Units

            A.         In accordance with State Legislation (see Utah Code 10-9a-530), discuss

                        ordinance to be adopted regarding Internal Accessory Dwelling Units.  Set

                        public hearing to receive comments.

6.         Annexation

          A.         Consider recommending acceptance of annexation application received from

                        RM24, LLC, regarding property located at 1300 South 550 West to be zoned

                        RM-24.

7.         Other Business

            A.         Request from City Council:  Review parking requirements in RM-11 vs. RM-24

                        zones (lower density zone requires more parking spaces). 

                        RM-24 current requirements:  Studio and one-bedroom apartment 1-1/2

                        parking spaces per unit.  2- and 3-bedroom units require 2-1/2 spaces per unit.  

                        RM-11 current requirements:  5 units and larger require 1-½ parking

                        spaces per bedroom. 

            B.         Consider changes to be made to the Zoning Code regarding regulations to be

                        imposed on short-term rental properties and recommendation to the City

                        Council. 

            C.         Follow-up to discussion last month:  Discuss use of old church at 300 East 100

                        North.  (Sinisha Kostich)  Ideas are for a dance studio, banquets/weddings,

                        games (bingo), art school, AA, community center.  These uses would require

                        changes to the Zoning Code.  Discuss the possibility of an overlay zone.

            D.         Follow-up to discussion last month:  Discuss dog kennels/boarding in

                        commercial zones, specifically 350 South 100 East.  (Danielle Peterson)

          E.          Greg Bean to discuss suggestions for changes to the Zoning Code concerning

                        metal buildings in commercial zones.

            F.         Assign Planning Commission Member to attend City Council meeting to present           

      Planning Commission Report on September 14, 2021.

            G.         Meet with Main Street Planner on September 21, 2021, at 11:00 a.m. to noon.

8.         Minutes Approval

            A.         Consider approving minutes of August 4, 2021. 

9.         General Plan

          A.         Review and discuss proposed General Plan.

10.       Adjournment 

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

City Staff Present:   Deputy City Recorder Michelle Curtis.      

Others present:  Carson DeMille, Rick Chevalier. 

2.      Action on Public Hearing held August 4, 2021

       A.      Consider recommending that the City Council approve a zone change on 500 West between 700 and 800 South from RM-11 (Multi-Family Residential) to RM-24 (Multi-Family Residential). 

Rick Chevalier represented Jared Cefalia.  Mr. Cefalia would like to construct an 8-unit apartment building.  The DRC had reviewed a proposal for an 8 unit building and was of the opinion that it doesn’t work because of right-of-way issues.  It could accommodate a 4-, 5- or 6-unit complex depending on the configuration of the units. 

Greg Bean said the petitioner can work out the details with the DRC to see what size of complex can fit on this property.

Josh Peterson motioned to recommend that the City Council approve Jared Cefalia’s request of zone change from RM-11 to RM-24 on 500 West between 700 and 800 South.  Susan Jensen seconded the motion.  Those voting aye:  Greg Bean, Josh Peterson, Susan Jensen, Wes Kirschner, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.

         3. Transportation Plan

              A.   100 West going south from Wal-Mart.  Carson DeMille to discuss changing 100 West Street from a major collector to a minor collector. 

Carson DeMille said 100 West Street is shown on the Master Transportation plan as a major collector.  Currently the street dead ends going south of Jones & DeMille and the proposed Smith’s apartment building project.  A major collector would have a right-of-way of 66 feet.  Phase 1 of Smith’s will be going in soon.  Phase 2 is master planned and they are doing the ALTA survey right now and will deed over the required amount to the City for the street right-of-way.  A 60-foot right-of-way vs. a 66-foot right-of-way does not really change the road width.  A typical section for a 60-foot right-of-way wouldn’t allow a park strip, no turn lanes, and the sidewalk would be against the curb and gutter. 

Jones & DeMille has purchased the property south of their office and will be adding onto their office.  They will have to give up some right-of-way on their side of the street which will put the street very close to their building.  A 60-foot right-of-way seems to make more sense.  It would make it so that the street isn’t so tight along their building.  There are also a lot of utilities that would be affected. 

There was discussion that 100 West actually goes into Wal-Mart’s parking and so perhaps having it as a major collector does not make sense.   It might make better sense for the major collector to be on the back side of Wal-Mart at 100 East. 

Blaine Breinholt motioned to recommend to the City Council that 100 West Street be changed from a major collector to a minor collector.  Susan Jensen seconded the motion.    Those voting aye:  Greg Bean, Josh Peterson, Susan Jensen, Wes Kirschner, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.

4.       Conditional Use Permits:

           A.    Summer Wright to request a Conditional Use Permit (Home Occupation Permit) allowing her to conduct a daycare business called Wright Way to Care to be located at her home at 1625 South 100 West (C1- use, R1-10 zone).

Ms. Wright was not present.  Susan Jensen motioned to table the matter.  Blaine Breinholt second the motion. Those voting aye:  Greg Bean, Josh Peterson, Susan Jensen, Wes Kirschner, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.

           B.    Jim Holt to request a Conditional Use Permit allowing him to operate a second Airbnb at 295 West 700 South (C-1 use, RM-11 zone).

Mr. Holt was not present.  Blaine Breinholt motioned to table the matter.  Josh Peterson seconded the motion.   Those voting aye:  Greg Bean, Josh Peterson, Susan Jensen, Wes Kirschner, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.

5.       Zoning Code (Internal Accessory Dwelling Units:

           A.    In accordance with State Legislation (see Utah Code 10-9a-530), discuss ordinance to be adopted regarding Internal Accessory Dwelling Units.  Set public hearing to receive comments. 

Greg Bean stated that Commission members talked with the City Attorney today.  The attorney feels like the proposed ordinance complies with State requirements. 

Because communities are required to adopt an ordinance by October 1, 2021, notice will be given for a public hearing to be held on Monday, October 13, 2021, at 6:00 p.m.  The State requires that IADUs be allowed in all residential zones except for zones which are 6000 square feet or smaller; therefore, the Planning Commission is of the thought to allow this in all residential zones other than the R1-6 zone. 

6.       Annexation:

        A.    Consider recommending acceptance of annexation application received from RM24, LLC, regarding property located at 1300 South 550 West to be zoned RM-24

This is a sliver of property that should have been annexed previously with other properties.  It is a small county island within the City. It is a part of the property that was recently rezoned to RM-24. 

Josh Peterson motioned to recommend that the City Council accept the annexation petition of RM24, LLC regarding property located at 1300 South 550 West with the zone being the RM-24 zone.  Susan Jensen seconded the motion.  Those voting aye:  Greg Bean, Josh Peterson, Susan Jensen, Wes Kirschner, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.

7.        Other Business:

           A.   Request from City Council:  Review parking requirements in RM-11 vs. RM-24 zones (lower density zone requires more parking spaces).   RM-24 current requirements:  Studio and one-bedroom apartment 1-1/2 parking spaces per unit.  2- and 3-bedroom units require 2-1/2 spaces per unit.   RM-11 current requirements:  5 units and larger require 1-½ parking spaces per bedroom. 

After discussion, the Commission feels that the parking requirements should be changed in the RM-11 and RM-24 zones.  The two zones should have the same parking requirements.  It should be changed so that every residential unit is required to have a minimum of two parking spaces.  Two- and three-bedroom units would be required to have 2-1/2 parking spaces per unit instead of being based on number of bedrooms.

Susan Jensen motioned to set a public hearing on October 6, 2021, to consider changing parking requirements as proposed in the above discussion.  Wes Kirschner seconded the motion.  Those voting aye:  Greg Bean, Josh Peterson, Susan Jensen, Wes Kirschner, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously

           B.    Consider changes to be made to the Zoning Code regarding regulations to be imposed on short-term rental properties and recommendation to the City       Council. 

The City attorney has reviewed the changes that were proposed by the Planning Commission.  He said the City needs to be able to show justification if it places limitations on the number owned by one house and the percentages allowed in a specific areas.  Commissioners will contact more cities for their input on why they have implemented the rules they have governing STRs.  (See minutes from the earlier meeting today.)   

Josh Peterson motioned to table this matter.  Blaine Breinholt seconded the motion.  Those voting aye:  Greg Bean, Josh Peterson, Susan Jensen, Wes Kirschner, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously

           C.    Follow-up to discussion last month:  Discuss use of old church at 300 East 100 North (Sinisha Kostich).  Ideas are for a dance studio, banquets/weddings, games (bingo), art school, AA, community center.  These uses would require changes to the Zoning Code.  Discuss the possibility of an overlay zone.

In the earlier meeting, the Commission asked the attorney how an overlay zone would work for this.  The attorney said that is a level of complexity that we might not want to take on, a pandora’s box.  There are other ways to handle this. 

The attorney had said what makes a church a church or religion?  Wedding services are a ceremonial act, so is that not a religious use?  Almost everything Mr. Kostich has listed as possible uses happens at churches.

Michele Jolley had suggested that perhaps we should look at changing the definition of church to make it more compatible.

The Commission feels like Mr. Kostich’s ideas are a good use of the building. 

Michelle Curtis will check with the attorney to see if he can recommend some language as far as churchs are concerned.  The Commission is interested in perhaps having some language that would allow this type of use only in an old church-type building so that a home-owner couldn’t come in say they do weddings at their residence, so therefore they qualify for these large activities because they are conducting religious services. 

Another suggestion would be allowing community centers for gatherings and local embetterment in residential zones.  Perhaps there could be a clause that says it has to be an existing building that has been used as a church. 

           D.    Follow-up to discussion last month:  Discuss dog kennels/boarding in commercial zones, specifically 350 South 100 East (Danielle Peterson).

Susan Jensen expressed her opinion that Danielle Peterson has been doing everything that was asked by the Commission and it seems to be working.  Josh Peterson said he has been to the shop, and he couldn’t hear the dogs inside.  It does have good soundproofing. 

There was discussion that dog kennel/boarding fits better with the CG zone, but maybe not the CS zone.  If this use is opened up to all of the CS zone, it might be unlikely that a different building will have the sound-proofing that this building has.  If it is allowed in the CG zone, there are not as many homes located next to the CG zone areas.  Allowing this in CG zones would give Ms. Peterson a larger area to focus on in looking for a location.  The CS zone is surrounded by residential uses.

Susan Jensen said she has also dropped kids off for dancing at this building and has never heard a sound from the dogs.  Greg Bean said we don’t doubt that they aren’t causing a problem now, and maybe no one would ever say a word, but Ms. Peterson wants to be able to do more than she is and is wanting to board dogs as well.  That could become an issue. 

This will be set for public hearing next month to consider allowing dog kennels/boarding in the CG zone.

        E.     Greg Bean to discuss suggestions for changes to the Zoning Code concerning metal buildings in commercial zones.  This will be addressed at next month’s meeting. 

           F.     Assign Planning Commission Member to attend City Council meeting to present Planning Commission Report on September 14, 2021.   Greg Bean will represent the Commission at City Council.

           G.    Meet with Main Street Planner on September 21, 2021, at 11:00 a.m. to noon.

8.        Minutes Approval:

           A.     Consider approving minutes of August 4, 2021.   The following corrections will be made: 

Page 2:  “City Staff present” was stated twice.  Under “Others Present” add “Mandy Larsen and Lance Larsen.”

Page 4, lines 26-29 will be clarified to state as follows:  “When an applicant comes in requesting a zone change to something different than what is shown on the General Plan Map, then the City is in order to deny that request, particularly if the required infrastructure is not yet available to the property.”

Page 6, lines 5-9 will be clarified to state:  “Mr. Parker has been working on a revision of the Zoning Code as well.  He has e-mailed a draft of proposed revisions for several sections.  He has worked on 28 chapters of the Zoning Code but was unable to track the changes because Word becomes unstable with that much information.” 

 has also prepared a draft of proposed revisions for 28 chapters of the Zoning Code.  They were unable to track changes because Word becomes unstable with that much information.  If desired, he could identify the chapters where the most changes occurred.”

Page 8, Line 38:  Change “the Ciis” to “this”.

Page 11, Lines 37-43 will be deleted with line 37 ending with “… prohibiting that is not legal.”    

9.        General Plan:

        A.    Review and discuss proposed General Plan.  This will be placed on next month’s agenda.  The Commission would like discuss the General Plan for the first 30 minutes of the meeting. 

10.      Adjournment.  The meeting adjourned at 7:30 p.m.

PASSED AND APPROVED on the 6th day of October, 2021.

/s/ Michelle Curtis

       Deputy City Recorder