Minutes – 09.04.2019

Published: October 23, 2019

COUNTY OF SEVIER
CITY OF RICHFIELD
At the Planning Commission
In and For Said City
September 4, 2019
 
Minutes of the Richfield City Planning Commission meeting held on Wednesday, September 4, at 6:00 p.m., Chairman Monte Turner, presiding.

1. Roll Call.
2. Minutes Approval: Consider approving minutes of August 7, 2019.
3. Public Hearing (6:00 p.m.):
   A. Receive comments concerning a subdivision (lot split) application filed by Ruti, LLC,

       regarding property located at 770-790 South Main Street (Auto Zone/EZ Furniture).
4. Action on Public Hearing:
   A. Discussion and motion for recommendation to be made to the City council regarding a

        subdivision (lot split) application filed by Ruti, LLC, affecting the property located at 770-790

        South Main Street (Auto Zone/EZ Furniture).
5. Conditional Use Permits:
    A. Consider approving an application filed by Mandy Larsen, dba Broken Road Properties,

        requesting approval of an Airbnb business to be located at 463 South Main (CS zone, -1 use).
    B. Consider approving an application filed by Lisa Dickinson allowing her to conduct a massage

        therapy business at her home located at 340 East 700 North (R1-10 zone, C-1 use).
6. Other Business. Jacob Robertson to discuss the possibility of installing a building to house a

    dog grooming business to be located at approximately 195 East 500 North (CS zone).
7. Adjournment.
1. Roll Call. Roll call was answered by Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt. BrionTerry was excused.
 
City Staff Present: Deputy City Recorder Michelle Curtis and Building Official Rick Robinson.
Others present: Cory Smith, Lisa Dickinson, Mandy Larsen, Lance Larsen, Kevin Nowers, Jaron Thomas, Logan Orton, Steven McIlrath, Laken Batty, JJ Nowers, Mark Pieper, William Purkey, Boy Scout Troop.
 
2. Minutes Approval. The minutes of August 7, 2019, were reviewed. Lisa White pointed out the following changes to be made:
 
Page 4, line 18: Change “Kendrick Harward” to “Kendrick Thomas”.
 
Page 5, line 18: “…and the church signs a waiver” should be changed to “or the
church signs a waiver …”.
 
Page 6, line 1: Change “Mr. Barneys” to “Mr. Barnes”.
 
Page 6, lines 5 and 6: The minutes should reflect that the Commission recommended allowing Cannabis cultivation as a C-2 use so that each application could be reviewed individually.
 
Page 6, line 28: Regarding approval of a fence taller than 6 feet, it should be noted that Building Official Rick Robinson asked if the Commission wants him to bring these kinds of requests to the Commission even when they are clear-cut,no-brainers. The Commission said they would still like to review these kinds of requests.
 
Lisa White motioned to approve the minutes of August 7, 2019, as amended. Susan Jensen seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
3. Public Hearing (6:00 p.m.): Receive comments concerning a subdivision (lot split) application filed by Ruti, LLC, regarding property located at 770-790 South Main Street (Auto Zone/EZ Furniture).
 
Rick Robinson advised it appears the lot split meets setback requirements and each building has its own utilities. There were no other comments. The public hearing closed at 6:04 p.m.
 
4. Action on Public Hearings: Discussion and motion for recommendation to be made to the City council regarding a subdivision (lot split) application filed by Ruti, LLC, affecting the property located at 770-790 South Main Street (Auto Zone/EZ Furniture).
 
Ruti, LLC, was represented by Corey Smith of Jones & DeMille Engineering. He prepared the Record of Survey. Commissioner Kendrick Thomas declared a conflict because he also works at Jones & DeMille.
 
Mr. Smith explained that the property is being split into two pieces so that each business is situated on its own property.

Greg Bean said the plat looks like they have split two parking spaces with the property line. That seems like a strange split to him. Mr. Smith said it is drawn like that because they didn’t want to create a jagged property line. Mr. Smith said they are creating a parking lot agreement. Michelle Curtis stated that the petitioner has sent a draft of the parking lot agreement, but it has not been finalized. The Auto Zone property would be required to have 34 spaces and the plan shows 41 spaces. That is not counting the parking spaces that are split. The EZ Rental property would be required to have 50 spaces and the plan shows 65 spaces which does include the parking spaces that are split.
 
Greg Bean is concerned whether the City can accept a shared parking space? Regardless of those split spaces, each property is left with more than the required number of parking spaces.
Rick Robinson stated that the plan is drawn showing that both of them get part of the driveways and they still meet full parking and the setback requirements. He doesn’t see a problem with it.
Monte Turner said if they were counting the same parking spaces in order for each property to meet the City’s parking requirements, then maybe that would be a problem. But they do have adequate parking without counting those two spaces.
 
Greg Bean said it’s just that he has been on the Commission for 4+ years and he has never seen anything like this done and so that is why he is asking these questions. He wants to make sure that the Commission is clear on what the ordinance requires versus what is being done.
Kendrick Thomas asked if each property will meet the landscaping percentage required for each property. He also wondered if each property has a dumpster. The Commission wants to ensure that each property has its own dumpster. They also asked that Rick Robinson check to see if each property meets the landscaping requirement which is 10% of the property to be in landscaping. The xeriscape areas do count in the landscaping calculation.
 
There was also discussion regarding utility easements. Rick Robinson will check on those as well.
Lisa White motioned to recommend that the City Council approve the lot split of the property located at 770-790 South Main Street conditioned upon each property having a dumpster, landscaping requirements met for each property, and adequate utility easements. Greg Bean seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
5. Conditional Use Permits/Home Occupation Permits:

    A. Consider approving an application filed by Mandy Larsen, dba Broken Road Properties, LLC, requesting approval of an Airbnb business to be located at 463 South Main (CS zone, C-1 use).
Susan Jensen declared a conflict, as Mandy Jensen is her daughter. This is a home that is located on Main Street. She does have a federal ID number which is a requirement of our ordinance. The home has three bedrooms and one bathroom. Three parking spaces are required and are located behind the home. She will purchase a building permit for remodeling. Rick Robinson asked if there are any health department regulations on nightly rentals. Mrs. Larsen is not aware of any regulations.
 
Lisa White motioned to approve the Conditional Use Permit/Home Occupation Permit allowing Mandy Larsen, dba Broken Road Properties, LLC, to conduct an Airbnb business to be located at 463 South Main (CS zone C-1 use) pending verification that there are no health code issues. Kendrick Thomas seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
   B. Consider approving an application filed by Lisa Dickinson allowing her to conduct a massage therapy business at her home located at 340 East 700 North (R1-10 zone, C-1 use).
Mrs. Dickinson recently moved here. For the past six months she has been looking for a space for her massage therapy business, and she hasn’t been able to find anything that suits her needs. They have set up a space in their home where she could work in her home temporarily.
Mrs. Dickinson will not have any employees. There will only be one client at a time. If a client arrives before another client leaves, there is room for both cars to park as she has enough space for six cars. She could possibly have eight clients in one day, but she wants to have only five or six clients. She does have a massage therapy license.
 
Rick Robinson will check to see if there are health department or fire clearance requirements.
Blaine Breinholt motioned to approve a Home Occupation Permit allowing Lisa Dickinson to conduct a massage therapy business at her home located at 340 East 700 North (R1-10 zone, C-1 use). Lisa Ogden seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
6. Other Business: Jacob Robertson to discuss the possibility of installing a building to house a dog grooming business to be located at approximately 195 East 500 North (CS zone).
Mr. Robertson was not present. Without him being present to explain exactly what his business would entail, the Commission members are split in their feeling as to whether or not they would allow dog grooming in the CS zone because there is not currently a definition allowing it in the CS zone.
 
7. Adjournment. The meeting adjourned at 7:00 p.m.
 
PASSED AND APPROVED on the 2nd day of October, 2019.
 
/s/  Michelle Curtis
         Deputy City Recorder