Minutes – 10.02.2019

At the Planning Commission
In and For Said City
October 2, 2019
Minutes of the Richfield City Planning Commission meeting held on Wednesday, October 2, 2019, at 6:00 p.m., Chairman Monte Turner, presiding.

1. Roll Call.
2. Minutes Approval: Consider approving minutes of September 4, 2019.
3. Conditional Use Permit:
    Consider approving an application filed by Mayra Jimenez requesting approval of a Home

    Occupation Permit allowing her to conduct a business called Sunshine Daycare at her residence

    at 819 West 50 North #895 (RM-11 zone, C1 use).
4. Business Expansion:
    Consider approving site plan for the Jones & DeMille Engineering expansion to their building

    located at 1535 South 100 West (CG zone, P-2 Use).
5. Sign Permit:
    Approve proposed U-Haul sign.
6. Motel:
    Howard Hatch to discuss requirements for motel/restaurant to be located at 1180 South

    Cove View Road (CS zone). 

7. Dog Grooming and Dog Boarding:
    Kristen Heath to request a Conditional Use Permit allowing her to conduct a business called

    Posh Pets at 60 West 100 North (former bakery/Big Daddy’s Deli) for dog grooming and pet

    boarding (D zone).
8. Other Business.
9. Adjournment.
1. Roll Call. Roll call was answered by Monte Turner, Greg Bean, Lisa White, Susan Jensen, and Blaine Breinholt. Brion Terry and Kendrick Thomas were excused.
City Staff Present: Deputy City Recorder Michelle Curtis and Building Official Rick Robinson.
Others present: Owen Turner, Kyle Turner, Rebecca Turner, Douglas Heath, Robert heath, Kristen Heath, Karamie Jensen, H. F. Hatch, Krissy Hallows, Brad Ling, Tyler Olsen.

2. Minutes Approval. The minutes of September 4, 2019, were reviewed. Lisa White motioned to approve the minutes of September 4, 2019. Susan Jensen seconded the motion. Those voting aye: Monte Turner, Greg Bean, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
3. Conditional Use Permit:
Consider approving an application filed by Mayra Jimenez requesting approval of a
Home Occupation Permit allowing her to conduct a business called Sunshine Daycare at her residence at 819 West 50 North #895 (RM-11 zone, C1 use).
Mayra Jimenez was not present. The item was not discussed.
4. Business Expansion:
Consider approving site plan for the Jones & DeMille Engineering expansion to their building located at 1535 South 100 West (CG zone, P-2 Use).
Tyler Olsen represented Jones & DeMille. Susan Jensen declared a conflict of interest because Mr. Olsen is her son-in-law. Jones & Demille will be expanding their existing building to the south. They own two parcels of property to the south, one of which is located in the County and will need to be annexed into the City. They are also planning to do a lot line adjustment.
The DRC has met on this project and forwarded comments to the Planning Commission.
Following are the DRC comments have either been resolved or are being resolved:
Development Review Comments: Jones & DeMille will be expanding their existing building. The new expansion will be an addition of 5273.50 square feet with an additional parking lot to the south of the building. The following items were discussed:

A. Streets: They will be finishing a parking lot on a parcel south of their existing property. They will continue 100 West street going south from where it currently ends to the south side of the new parking lot. They will paint red on the curb and gutter along the throat going in and out of the parking lot and along 100 West so that there can be no parking in the entrance or along the road. They will do curb and gutter along 100 West in order to protect a drain box that is at the northwest corner of the new parking lot.

B. Water. Previously there was water and sewer on the lot to the south. Jones & DeMille will reach out to Keith Mogan to see if those services have been capped.

C. Fire Hydrants. There is a fire hydrant at the south entrance the Wal-mart across the street north from Jones & DeMille. They will install a fire hydrant at the southwest corner of the new parking lot. It is recommended they also install a knox box.
D. Street lights. They will install a street light. They will see if the power company will put it on an existing pole that is near the entrance to the new parking lot.
E. Site drainage. The plan shows a retention pond at the east side of the new parking lot. They will ensure that drainage is adequate as drawn.
F. Irrigation ditches. They don’t believe this affects any irrigation ditches. Brian Barton said once in a while they have seen water bubble up in their concrete gutter, so there might be somebody taking irrigation. He thinks it could be John Southwick. They will do some investigating as to what is under their concrete and make sure they carry it to the south. (They have verified that they do need to continue irrigation to the south.)
G. Landscaping. Landscaping is required at 11,780 square feet. The plan shows 18,598 square feet They will be changing the entrance area at the northwest side of the property and creating some landscape areas in that area.
H. Sign. They will install a sign at the northwest area of the property. A separate building permit will be required for the sign.
I. Parking. The entire site requires 62 parking spaces. They are providing 76
J. Trash Enclosure. The dumpster is alright as is.

K. Fence. They will be changing the existing fence along 1500 South and 100 West and moving the entrances. At the east side of the building, they will have a fence between the public parking and the yard parking which will be fenced. The fence will be penetrable in order for fire trucks to get back behind the building.

L. Annexation and Zone Change. A annexation will have to place because a portion of the new parking lot is on parcel of property which is in the County. Also, the zone will be changed to CG for the entire parking lot. It is recommended that the City Council accept the annexation without water shares because this property originally had a water connection on it (Torgerson property).

Greg Bean motioned to approve the site plan for the Jones & DeMille Engineering expansion to their building located at 1535 South 100 West, with the annexation portion of the project being completed by the City Council. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Greg Bean, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
5. Sign Permit:
Approve proposed U-Haul sign.
Brad Ling was present to request approval of a pole sign for the U-Haul business located at 1080 South SR 118. Mr. Ling said the old K-Mart sign is still on the property. They would like to change the sign to match their standard U-Haul designed signs, but it really doesn’t work out. The existing sign is not large enough and won’t hold what they would like to do. He is proposing to upgrade the sign to a modular sign that says U-Haul on the top with a couple of sign cans below to advertise the self-storage use, and also a reader board that changes every few weeks.
Mr. Ling said the City Code allows a sign that is 25 feet tall. The existing sign is 35 feet tall. In order to fit everything they want on the sign, they are proposing a sign that is 40 feet tall. Rick Robinson directed attention to page 165 of the Zoning Code where it states that the Planning Commission can exceed the square footage of signs and the number of signs allowed on any project exceeding 2 acres in size. However, this does not apply to sign height.
Mr. Ling said if the sign is only 35 feet tall, he feels it begins to interfere visually with the other businesses in the strip mall. Lisa White asked about the spacing between the three signs, and would it would be possible to shrink the spacing between the signs in order to allow for a shorter sign. Mr. Ling said he does not know the exact dimensions between the signs, but there does need to be a gap between them because the faces open up in order to service them.
Greg Bean said his concern would be whether the Planning Commission has the authority to grant a sign as tall as 40 feet. The ordinance would have to be changed in order to allow an increase in the height. Mr. Ling asked if he would be able to use the existing sign at the height of 35 feet. Greg Bean said the Commission would have to look into grandfathering provisions. Mr. Bean believes that normally if anything is upgraded, the grandfathering would go out the window.
Rick Robinson suggested that he could run this by the City Attorney to see if there is anything in the Zoning Code that would allow the Commission to approve a taller sign. Michelle Curtis stated that as far as a taller sign, there is nothing in the Ordinance that would allow the attorney to tell the Commission it is alright to approve a taller sign. If the Commission wants to consider allowing taller signs, a public hearing could be held to consider changing the Ordinance to allow taller signs. Rick Robinson suggested the Code could be changed so that if a property is larger than 2 acres in size, the Planning Commission would have the ability to allow a taller sign.
Greg Bean wants to have Rick Robinson check with the City Attorney to see if the Ordinance needs to be changed in order to allow this to happen. Rick Robinson asked if the Commission wants to go ahead and make a motion that they approve a taller height if the attorney thinks it is alright. Michelle Curtis again stated that the there is nothing in the Code that would allow the attorney to say that a taller sign can be allowed. The Commission needs to hold a public hearing if they want to consider allowing signs to be a taller height. Greg Bean said he thinks Mr. Robinson is saying if the attorney says the Ordinance doesn’t have to be changed to do this, which doesn’t seem to be a likely scenario, but if the attorney says that, then does the Commission want to go ahead and approve it? Again it is was reiterated that if the Commission wants to allow taller signs, then a public hearing needs to be held and the ordinance changed.
Monte Turner said at the next meeting, if it is okay with the attorney, then Mr. Ling wouldn’t even have to come to the meeting and Commission could make a motion then. Mr. Ling said he would like to get going on the sign, but he also is working on a other things as well. He said if they have to go to a 25-foot sign, he will have to scrap some of what he has planned for the sign. Rick Robinson asked if Commission members are opposed to the 40-foot height? Greg Bean said he thinks there would need to be further discussion. A lot of businesses have been held to the 25-foot limit. Susan Jensen wondered if there have been people who own over 2 acres who were held to the 25-foot limit. The U-Haul property is over 9 acres. Monte Turner said he thinks Commission members would want to do some homework on this question and think about it.
6. Motel:
Howard Hatch to discuss requirements for motel/restaurant to be located at 1180 South Cove View Road (CS zone).
Howard Hatch was present to discuss the property at 1180 South Cove View Road. Mr. Hatch introduced Kyle Turner. The Turner family has become partners in the enterprise because at Mr. Hatch’s age and physical condition, he can’t do the construction, cleaning, painting, etc.
He referred to a copy of an article from the Richfield Reaper from a year ago, and a letter he wrote to the Six County Association of Governments where he suggested that society needs to be sensitive to the needs of people needing low income housing. He said the article says government is in favor of helping to create moderate and low income housing. All of the evidence he has seen is that there is a big demand. Some of the people who wanted to stay in his motel were involved in the recent campaign against suicide. There are too many suicides, too many people struggling in their lives. There are homeless situations in big cities. He says there are people begging. There are a number of people present with him at this meeting, and they support him and see a need for his project. Mr. Hatch is urging this Commission to consider what can be done to facilitate this need rather than making it difficult. Sometimes government bodies feel as though they have a burden to protect the public and they place too many obstacles, and they put up more and more challenges, and it makes it hard for anyone trying to do the job.
Chairman Turner said the Development Review Committee met. He reminded the Commission that as this has been discussed previously, there is a concern that there is a strip of land that runs between the front of this property and the Cove View Road. The strip is owned by somebody else and there is a question as to legal access across the strip of the property to the motel. Mr. Hatch said there has been access through this strip of property for 50 years, and all the law requires is at least 5 years. He has pointed out to the property owner that they probably acquired the piece trying to get value out of it as a nuisance strip. He has tried to resolve it with those people, and will go to court if necessary. At this point, they won’t even discuss it with him.
Chairman Turner said the Commission’s hands are tied at this point because it really can’t give permission for this to be used as a motel until it has been determined that there is definitely legal access to the property. Mr. Hatch wonders why the Commission cannot go to the City Attorney and have the question answered. Rick Robinson said he has talked with the City Attorney. It will require a judge’s signature because there is a question. Mr. Hatch said he will do that as quick as he can. (It should be noted that Mr. Hatch is not the property owner. He is leasing the property. The property owner will have to acquire the legal access.) Chairman Turner said the Commission really does not have an option other than making sure that they do have a legal access to their property. The Commission needs to honor that property right.
Chairman Turner said on September 24, 2019, DRC did go over some other items that would need to be addressed once he can show that there is a legal access to the property. Mr. Hatch stated that he had not seen a copy of the DRC comments. (Mr. Hatch came to the office and got a copy of these comments a few days before this Planning Commission meeting.) Those items are as follows:
A. Legal Access. The Topsfield property is not owned by Mr. Hatch. As noted on the plat, there is a narrow strip of property between the Topsfield Property and Cove View Road which is owned by Rick and Jay Anderton. The Topsfield property is accessed by two entrances which cross the Anderton property. Before any business approval can be given, the owner of the Topsfield property will need to obtain a legal access from the Andertons, i.e.: legal agreement, deed, court order.
After legal access has been acquired, the following requirements will be discussed at
Planning Commission and City Council before a C-2 use will be granted:
B. Landscaping. Improve and maintain existing landscaping. (Provide a plan showing this information.)
C. Parking Spaces. Parking area to be a hard surface. Motel: Provide 1 parking space for each sleeping unit plus 1 parking space for each employee on a regular shift. Restaurant: Provide 1 parking space for each 4 seats or 1 space for each 100 square feet of gross floor area, whichever is less.
D. Site Drainage. Provide a plan showing how on-site drainage will be taken care of. This will be reviewed by the city’s engineer with the applicant paying for the cost of their fees.
E. Trash Enclosure. Provide a trash enclosure. Show on a site plan where that will be
F. Street Improvements. Street improvements on Cove View Road could not be required because of the situation between the Topsfield Lodge parcel and the Anderton parcel. Street improvements could be required along 400 West. The DRC would recommend that a Waiver of Improvements be entered into on 400 West. (Property owner is obligated.)
G. Fire sprinklers. Install fire sprinklers if required by the fire marshall. If those are
already installed, ensure that they are working properly and provide certification of
that to the City.
H. Building Permits. Building permits and licensed contractors to be used as required.
I. Health Department. Before a business license is issued, an inspection report will need to be provided showing that health department requirements have been met.  Note: When the motel/restaurant comes to Planning Commission for the approval process, other items may come to light that will need to be addressed.

ADDITIONALLY: At various times, Mr. Hatch has inquired as to why rentals cannot be allowed under “Dwelling Unit, Three-Family, and Four Family – Existing Construction” which is a permitted use on the Use Chart, Page 274. Simple answer: Because it NOT an existing four-family structure.
Chairman Turner said there is no reason for Mr. Hatch to be burdened with all of the above items until the first item regarding access is resolved. Mr. Hatch pointed out that they do have access from 500 West. Chairman Turner said then they would have to make a proposal for creating an access from 500 West, and then they would have to provide a way to prevent people from using the access from Cove View Road. Rick Robinson said that they would have to create an access from 500 West that is fire truck accessible.
Mr. Hatch feels like the Commission is trying to throw up lots of hoops and obstacles and challenges. Greg Bean said the Commission isn’t giving Mr. Hatch any challenges that aren’t given to anybody else is doing a business.
Kyle Turner wondered what does it mean to be fire-truck accessible? Rick Robinson said that would be a turning radius of a 75-foot head and an 80,000-pound all-weather road. Mr. Turner asked if he can bring it off of 500 West. Mr. Robinson said they can bring it off wherever they want as long as they can get approval from the Commission and the City. Mr. Robinson said the problem is how they could turn around a fire truck in front of the building without crossing someone else’s property? Mr. Robinson said the reason for this is that if there is an ambulance that got in there and couldn’t get turned around to get out of there, then the motel property could get sued.
Kyle Turner said there is a high demand in this area for a sober-living facility. There are five total sober-living facilities in the State. All of them are filled up. People come out of recovery centers and relapse because they have no place to go. He is proposing for this facility to be a place where there will be nationally-certified peer supports, people he sees on a regular basis at the counseling center within the facility, and then provide them employment through a series of different businesses such as tree trimming, property management, restaurant areas, that will allow them to contribute to society again. They will bring in NA and AA into the facility and Al-Anon.
Chairman Turner said the City is very pro-business, but the Commission cannot suspend the rules and ignore the property that is situated in front of the Topsfield property.
Lisa White also pointed out the Commission really can’t act on this issue because not only does the access issue need to be addressed, but this isn’t on the agenda to be discussed as a support facility/clean living facility which is totally different from the motel that is listed on the agenda. Mr. Turner said they have also entertained the idea of this being a motel/restaurant facility where people could go to work and regain their self-esteem and their self worth. It is vital to put these people to work. Rebecca Turner said it is intended for it to be a motel/restaurant, with the intent of meeting the needs of a support facility.
Chairman Turner advised them to get the permission to get across the property, then get a plan together, and then come back to Planning Commission. Mr. Hatch asked if the Planning Commission would meet with him next week if he is able to get this sorted out.
7. Dog Grooming and Dog Boarding:
Kristen Heath to request a Conditional Use Permit allowing her to conduct a business called Posh Pets at 60 West 100 North (former bakery/Big Daddy’s Deli) for dog grooming and pet boarding (D zone).
Kristen Heath and Robert Heath were present. Mrs. Heath has changed the location to 350 South 100 East which is in the CS zone. Chairman Turner said dog grooming would probably be allowed in the CS zone, but the only place where dog boarding is allowed is in the manufacturing zones
As far as dog grooming, that is not addressed in the Zoning Code, but in the past it has been allowed as a personal care service. Mrs. Heath says her business is very clean both inside and outside. She said there is a huge need for boarding. The animals are kept inside. She has done boarding in Salina and has never had one complaint. This building has all cinder block walls. There would be maybe five kennels for boarding.
It was explained that even though this building might be ideal for boarding, if the Commission were to change the Zoning Code and open up the entire CS zone for boarding, then another location in the CS zone might not be as ideal for boarding and it would be difficult to deny it. Changing the Code to allow boarding impacts the entire zone. She was encouraged to try and see if she can find a place for her boarding business where boarding is allowed which is in the manufacturing zones.
As far the dog grooming business, Mrs. Heath has one client at a time. They sometimes have two dogs and rarely three dogs. There is parking at the strip mall.
(The Commission concurs that this business can be approved at this location but did not make a motion approving the item. This will be placed on next month’s agenda so that a formal motion can be made for approval.)
The Commission does not think it would be advisable to change the Zoning Code to allow boarding of dogs in the CS zone because of the proximity of the CS zone to residential zones throughout the City. The Commission does not feel like it wants to have a public hearing to consider changing the Code to allow for boarding in zones other than the manufacturing zones. The Heaths were told they could go to the City Council and ask that they hold a public hearing to consider changing the Ordinance.
8. Other Business: Rick Robinson asked the Commission’s opinion as to a property that is located in the RM-11 zone. If a property is large enough for two units, could there be two separate homes rather than a duplex?
9. Adjournment. The meeting adjourned at 7:10 p.m.
PASSED AND APPROVED on the 6th day of November 2019.
 /s/  Michelle Curtis
         Deputy City Recorder