Minutes – 09.04.2013






                                                                             Atthe Planning Commission

                                                                             Inand For Said City

                                                                             September 4, 2013

Minutesof the Richfield City PlanningCommission meeting held on Wednesday, September 4, 2013, at 6:00 p.m., ChairmanSteve Kunzler, presiding.

1.    RollCall.

2.    Approval of Minutes.

3.   7:00  Public Hearing – Brady Hansen petition to rezone property located  at 100 West 800 South fromRM-11 (Multi-family residential) to CS (Commercial Shopping).

 4.   Consider motion concerning Brady Hansen’spetition to rezone property located at 100 West 800 Southfrom RM-11 (Multi-family Residential) to CS(Commercial Shopping). 

5.    Motion concerning vacation of HendersonMinor Subdivision Plat.  Property located at 465 North 300 East  (Monte Turner/Cody Turner). 

6.    Other Business.

7.    Adjournment.

1.   Roll Call.  Roll call was answered by Steve Kunzler, PatHansen, Brion Terry, Monte Turner, David Mower, and Jeff Albrecht.   EugeneBeck was not present. 

City Staff Present: Zoning Administrator Paul Hinrichs and Deputy City Recorder MichelleCurtis.    

Also Present:  BradyHansen.

2.   Minutes Approval.  The minutes ofAugust 7, 2013, were reviewed.  Paul Hinrichs has been referred to in pastMinutes as Building Administrator.  Hewould like that changed to Zoning Administrator.  Page 2, lines 26 and 27, the word “that”should be changed to “back” so that the sentence reads “parking lot and set back155 feet north of the entrance”.   BrionTerry  motioned to approve the minutes of August 7, 2013, as amended.  Jeff Albrecht seconded the motion. The motioncarried unanimously. 

3.   PublicHearing6:00 p.m.    6:09p.m.  6:09:39 PM A publichearing was opened to receive comments concerning Brady Hansen’s request for azone change for the property located at the southwest corner of 100 West 800South.  The proposal is to change thezone from RM-11 (Multi-family Residential) to CS (Commercial Shopping).   Mr.Hansen advises the property is comprised of four parcels with a combined totalof 4 acres.  There being no comments fromthe public, the public hearing was closed at 6:10 P.M. 6:10:25PM.

4.     Brady Hansen Rezone – 100 West 800 South.  Consideration is given to approving BradyHansen’s Petition asking for a rezone of property located at the southwestcorner of 100 West 800 South.  Theproposal is to change the zone from RM-11 (Multi-family Residential) to CS(Commercial Shopping).  Mr. Hansen ownsthe property and feels like the RM-11 zone is out of place at thislocation.  He is perhaps going to selloff some commercial lots.  He ineeds itrezoned Commercial for appraisal purposes. He may put a commercial building on it at a future time. 

Paul Hinrichs explained the history as to why theproperty is zoned RM-11.  The propertywas originally zoned CS but a residential developer came in and requested anRM-11 zone.  The Planning Commissionrecommended against it, but the City Council went ahead and rezoned it toRM-11.  The project fell through and theproperty was never developed. 

Chairman Kunzler said it should be noted that theCommission isn’t recommending a change because Mr. Hansen is asking for achange in order to market it, but rather because the Commission thinks itshould have remained a Commercial zone to begin with.   

Monte Turner motioned torecommend that the City Council approve a zone change for the property located atthe southwest corner of 100 West and 800 South, said zone to be changed fromRM-11 (Multi-family residential) to CS (Commercial Shopping) for development purposes.  Pat Hansen seconded the motion.  The motion carried unanimously. 

5.     Plat Vacation.   MonteTurner and Cody Turner are requesting the vacation of the Henderson MinorSubdivision Plat.  This is a two-lotsubdivision located at 465 North 300 East. The Turners own both lots.  Theywould like the plat vacated so that the property is one lot.  Mr. Turner explained that Jeff Henderson createdthe subdivision with the intention to build two homes or a multi-familyunit.  The properties consist of a lot on300 East with a flag lot situated behind it.   

Jeff Albrecht motionedto recommend that the City Council vacate the Henderson Minor Subdivision Platlocated at 465 North 300 East, which will have the effect of combining two lotsinto one lot.  Brion Terry  seconded the motion.  The motion carried unanimously. 

Monte Turner declared a conflict of interest as he is oneof the property owners.

6.     Other Business.  There was a question as to whether or not amother-in-law’s apartment or casita is allowed in Richfield.  Those are allowed by conditional use permitin the F-1 and RR-5 zones.  Paul Hinrichssaid typically a mother-in-law unit is attached and doesn’t have a kitchen.  Having a kitchen would make it a second unitor a duplex.  This is something thatcould be reviewed by the Commission if it desires.  The Commission is interested in seeing howother communities address mother-in-law units. Chairman Kunzler said that he is in Kanab a lot and there seems to be alot of these.  He will check theirordinance to see how they address it. The Commission ought to check a few other areas to see how they handleit so that it is prepared when that issue comes up. 

David Mower points out that page 234 the Zoning Code hasa definition for residence which is a dwelling unit or other place where anindividual or family is living.  A familyis defined as follows:

            A personliving alone, or any of the following groups living together 

            as asingle housekeeping unit and sharing common living, sleeping,

            cookingand eating facilities:  (a) any number ofpeople who are

            related byblood, marriage, adoption, or court sanctioned

            guardianship . . .; or

            (b) fourunrelated people ; or (c) two unrelated people and any


            children relatedto either of them.  “Family” does notinclude any


           group of individuals whose association is temporary orseasonal in


           nature or who are in agroup living arrangement because of criminal



David Mower said he will check the St. George CityOrdinance to see how they address this issue. 

There was discussion concerning the requirement for Dr. DavidPope to have a block fence constructed at Mountain Utah Family Medical Cliniclocated at 879 North Main.  The clinic iscurrently under construction.  Dr. Popewill be installing a block fence; however, the following items have come to theattention of the Commission:   (1) the required fence will be very short inlength, and (2) Dr. Pope is possibly going to buy part of the adjacent propertywhere there is already an existing fence. The Commission would like Dr. Pope to come back to Planning Commission  to discuss this.    

7.     Adjournment.  The meeting adjourned at 8:30 p.m. 

PASSED AND APPROVED onthe 2nd day of October, 2013.

/s/  Michelle Curtis

     DeputyCity Recorder