Minutes – 10.5.2022

COUNTY OF SEVIER 

CITY OF RICHFIELD

                                                                                    At the Planning Commission

                                                                                    In and For Said City

                                                                                    October 5, 2022

         Minutes of the Richfield City Planning Commission meeting held on Wednesday, October 5, 2022, at 6:00 p.m., Chairman Kendrick Thomas, presiding.

1.      Roll Call

2.      General Plan Discussion                                    

         A.   Discuss proposed update to Richfield City General Plan.

               (General Plan Map; discuss requirement for 1000’ between RM-24 areas.)

         B.   Discuss setback requirements and clarify drafted ordinance.

         C.   Discuss storage containers in commercial zones.

         D.   Discuss Short-Term Rentals.

3.      6:30 p.m.  Public Hearings

         A.   Receive comments concerning a proposed amendment to the Zoning Code. 

               The proposal is to change the Zoning Code to allow Day Care Center/Assisted

               Care Center in the R1-10 zone.

4.      Action on Public Hearings

         A.   Consider recommending approval of the proposed updated General Plan. 

         B.   Consider recommending approval of a proposed amendment to the Zoning

               Code.  The proposal is to change the Zoning Code to allow Day Care

               Center/Assisted Care Center in the R1-10 zone. 

         C.   Revisit decision made regarding approval of a proposed amendment to the

               General Plan and zoning map affecting property located at 647 South Main.  The

               proposal is to change the zone from CS (Commercial Shopping) to RM-24

               (Multi-family Residential).   (Discuss how many units this would allow and the

               formula for determining this). 

5.      Conditional Use Permits

         A.   Paula Warner:

               i.      Consider approving Paula Warner’s application for a business license

                       allowing her to operate a short-term rental business at 93 West 1000 North

                       #89 (R1-6 zone, C-1 use).

               ii.     Consider approving Paula Warner’s application allowing her to operate a

                       business called Advanced Body Work and Massage at 93 West 1000 North

                       #89 (R1-6 zone, C-1 use). 

         B.   Jason Dopp:  Consider approving a Conditional Use Permit allowing Jason Dopp

               to create a duplex at 160 East Center (D zone, C-1 use) (old Valley Builders

               building).

         C.   Jacob Robertson:  Consider approving a Conditional Use Permit allowing Jacob

               Robertson to operate a business called Goblin’s Lair Games at 22 East 200

               South (D zone, C-1 use).  (Board games, cards, hobby shop.)

6.      Project Review

         A.   Review and approve exterior finish for Six County Commission warehouse. 

7.      Minutes Approval:

         A.  Consider approving minutes of September 7, 2022. 

6.    Other Business

7.       Adjournment

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

City Staff Present:   Deputy City Recorder Michelle Curtis.     

Others present:  Keith Warburton, Jason Best, Ashley Best, Branden Anderson, Jason Dopp, Paula Warner, Rahny Cowles, Travis Kyhl.  Present via Zoom:  Bruce Parker and Delaney Sillman were present via Zoom.

2.      General Plan Discussion                           

         A.     Discuss proposed update to Richfield City General Plan.  (General Plan Map; discuss requirement for 1000’ between RM-24 areas.)

Bruce Parker and Delaney Sillman were present via Zoom.  Mr. Parker said that as the Plan goes to the Council Mr. Parker and Ms. Sillman can make any changes in formatting that are not substantive.

Mr. Parker stated that considering adoption of the General Plan is not the end but the start.  In order to keep it vibrant and up-to-date, it is recommended that at least once a year a block of time is set out to update and identify things that need to be revised.  This keeps the document alive and up-to-date. 

There is an implementation section in the back of the General Plan.  There are three goals with a series of objectives and action statements.   He believes this to be manageable.  It is difficult to accomplish long lists.  The Plan can be modified and amended as necessary. 

Chairman Thomas asked for comments from Commissioners.  Greg Bean has the following suggested changes: 

         1.  Multi-trail map:  Add a bike trail along the Richfield Canal. 

         2.  Future Land Use Map:  Add a strip of High Density Residential, one block wide, along the west and east sides of the D area.  He would like anything beyond that to be Low Density Residential. 

         3.      College area should be changed to commercial rather than residential. 

         4.      Parks should be identified on the map. 

There was discussion as to whether the RM-11 should be included as low density or high density.  It is felt by some members that any multi-family residential would be high density.  Mr. Bean believes it to be low density residential.  It was decided there should be another category on the map which would show a medium density residential which will be for the RM-11 zone.

Because these changes are significant, Mr. Parker suggests tabling the proposal to pass it along to the City Council.  He would like to make the suggested changes and have the Commission review it before passing it along. 

Mr. Bean will create another map and that will be sent to Mr. Parker and reviewed next month. 

The Commission would like to have a public hearing that allows an RM-24 zone to be located no closer than 1000 feet to another RM-24 zone. 

         B.     Discuss setback requirements and clarify drafted ordinance.  The Commission clarifies that the intent on corner lots is that one street side is no less than 30 feet with the second street side being no less than 20 feet and the garage being set back 25 feet.    

         C.     Discuss storage containers in commercial zones.  This will be discussed next month. 

         D.     Discuss Short-Term Rentals.  This will be discussed next month. 

3.      6:30 p.m.  Public Hearings

         A.     6:39 p.m.  Receive comments concerning a proposed amendment to the Zoning Code.  The proposal is to change the Zoning Code to allow Day Care Center/Assisted Care Center in the R1-10 zone.

Rahny Cowles was present.  She would like to do an adult daycare in the R1-10 zone.    A Day Care Center/Assisted Care Center is only allowed in the RM-11 and RM-24 zones.  She would like to see the Code expanded to allow this in the R1-10 zone.   Mrs. Cowles said when she was taking care of her grandmother it was difficult when she needed to take her son to a doctor appointment, but it was difficult for her grandma to go.  It would have been nice if she could have taken her to an adult daycare.  This would be a help for someone else in this type of situation.  It is a step between when an elderly person needs some care but is not ready to go to assisted living.  It would be helpful for a person who has a full-time job, but takes care of an elderly person.  The elderly person could go to adult daycare while their caretaker is at their regular job.  This is the same thing as child daycare but for adults.   

There being no further comments, the public hearing closed at 6:42 p.m. 

4.      Action on Public Hearings

         A.     Consider recommending approval of the proposed updated General Plan. 

Greg Bean motioned to table this item.   Josh Peterson seconded the motion.    

Those voting aye:  Kendrick Thomas, Greg Bean, Susan Jensen, Wes Kirschner, and Josh Peterson.  Those voting nay:  None.   The motion carried unanimously.

         B.     Consider recommending approval of a proposed amendment to the Zoning Code.  The proposal is to change the Zoning Code to allow Day Care Center/Assisted Care Center in the R1-10 zone.    Rahny Cowles currently has a state-licensed daycare.  She has been reviewing State licensing regulations for adult daycare and the two are very similar.   She could have a license for 10 adults.  If there are more than 10 adults, two restrooms are required.  This would not be for overnight care.  She plans to do this in a home.  She could do transport as well.  If the Zoning Code is changed to allow this, she will need to come back for approval of a Conditional Use Permit. 

Greg Bean motioned to recommend approval of a proposed amendment to the zoning Code allowing day care/assisted care center in the R1-10 zone as a C-1 use.  Wes Kirschner seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Susan Jensen, Wes Kirschner, and Josh Peterson.  Those voting nay:  None.   The motion carried unanimously.

         C.     Revisit decision made regarding approval of a proposed amendment to the

General Plan and zoning map affecting property located at 647 South Main.  The

proposal is to change the zone from CS (Commercial Shopping) to RM-24 (Multi-family residential).  (Discuss how many units this would allow and the formula for determining this). 

Keith Warburton was present.  Mr. Warburton said this was formerly a hotel.  It was very run down as a hotel.  He has had success in other locations by converting hotels into affordable housing.  If he were to build a facility like this from the ground up, it would be very expensive and would need to generate rent of $1500 to $2400 per month per unit.  Turning the hotel into apartments makes it more affordable.  He has had a lot of success in doing this in Logan, Salt Lake, Grand Junction, and other places.

He made an application for State funding.  He was awarded one million dollars to upgrade it for use as affordable housing.  The State had put aside 55 million dollars for affordable housing in the State of Utah.  Out of the 55 million, the majority of the funds were awarded to Salt Lake, Utah, Weber, and Washington Counties.  The remainder was set aside for rural Utah with Iron County receiving six million and one million being awarded to Mr. Warburton for use in Sevier County. 

Mr. Warburton stated that the housing need in Sevier County is extremely high.  He doesn’t think construction of affordable housing is going to happen currently because of construction costs and timing.  It also takes time for construction.  Housing is an immediate need.    

He feels this is a great opportunity for serving the vulnerable population in Richfield, people who are on hard times, military vets, abused mothers.   They don’t do a credit check or a background check.  They work with the Six-County Commission of Governments who helps with rent payments. 

With regard to the one million dollars he will receive, there will be a deed restriction on the property and he will be mandated to provide services to people that may include mental health services and social services.  He doesn’t believe there is a higher or better use for this property. 

Greg Bean asked about building code requirements for long-term rentals.  Mr. Warburton said they will put in fire suppression, update electrical and plumbing, and put kitchenettes into each room.  Not including fire suppression, upgrading will cost him 8 to 10 thousand per unit to renovate which will put them at about $400,000 for renovation.  Fire suppression will probably be another $250,000.  They would use the balance of the money on the exterior.  He will put some of his own money into a parking lot and playground for the kids. 

Currently there are 39 studio apartments and one 1-bedroom apartment.  There is also commercial space in the building where they could have social meetings such as AA, NA, case management, and social services.  They can provide a food pantry.  If the City is in need of a warming center during the winter for transients or homeless, they could put beds in the common area to get people out of the weather.   

Currently there are 72 parking spaces.  He would also provide some open space.   

Chairman Thomas wondered about long-term plans for maintenance and management.  Mr. Warburton said the deeply affordable housing crisis doesn’t go away.  One of the things they have in their deed restriction is that they have to provide case management.  Providing housing is the first step because it gets people out of the state of trauma.  Once they are out of the state of trauma, then they need services to give them the ability to progress.  If they are always in trauma, treatment doesn’t help.  As he reduces the debt on the property, then the extra money can go into services whether its mental health, addiction recovery, or job training. 

Case management will be Mr. Warburton’s responsibility contractually.  There is the deed restriction on the property and he has to have an on-site case manager.  The case managers will work in conjunction with Six County which is the state-funded case management.  The plan is to keep people housed.  If they have violations like a mental hick-up, they aren’t evicted.  They are walked through it with a case manager so that they can be reformed. 

Greg Bean said part of the problem with this facility was the extra load on the police department.  Mr. Warburton said usually the problem is not so much with the tenants but with their suppliers.  At his facility in Logan, a lot of his funding went into fire suppression and then high-definition security cameras.  They work with local law enforcement to see who is trafficking.  He envisions the same type of supervision at this location. 

Mr. Warburton stated usually homelessness is due to either drug addiction or mental illness.  Those are the main focuses they try to control.  A lot of the people here are women in abusive situations.  They do try to work with local housing specialists such as New Horizons and Six County.  They do have lapses with tenants and the case manager is there to walk them through it. The case management people will be full-time employees.  

Chairman Thomas asked if they expect migration from other areas.  Mr. Warburton said he feels like the housing strain is almost worst here than it is in Salt Lake where there are a lot of non-profits that offer funding.  It is difficult to get funding in rural Utah.

Josh Peterson wondered if fencing would be a State requirement.  Mr. Warburton said it is not.  He could fence it if there was a crime or drug situation out of control.   He thinks it would have better curb appeal without a fence.  Perhaps a wrought iron fence with shrubs could look nice.

Travis Kyhl, Executive Director of the Six County Commission, happened to be present.  He said there is a need for affordable housing all across the six-county region.  The Six County Commission provides rental assistance and case management services across the region.  His staff will provide some case management services, but he wondered if they will employ case managers or are they just hoping that Six County will provide them?  Mr. Warburton said they do have to provide an on-site case manager.  They would have two case managers and a facilities director. 

Greg Bean stated that even if the zone is changed to allow for multi-family housing, he doesn’t believe this use would be allowed in the RM-24 zone.  He would like to create a definition for this use that would be allowed in the RM-24 zone.  He does not believe that most apartment buildings have case management services going on.  Mr. Kyhl said Six County provides case management for most of the tax credit projects, including Eagle View Townhomes.  He said this should be happening anyway throughout the City, at any low-income tax credit project.  Chairman Thomas said the treatment portion of this is secondary to the primary function of the property which is to house people. 

Greg Bean still believes that if the zoning change is recommended, there needs to be a proposed use with it because he believes there is a potential here that the City could get challenged someday. 

Chairman Thomas said the zoning change could be recommended but we could get  an opinion from the City Attorney as to whether there needs to be a definition in the Zoning Code regarding this use.   

Mr. Warburton was told that if the zone change is completed, he will then need to come back to DRC and Planning Commission with his plans for the site as it will have to be approved as a conditional use.    

Greg Bean motioned to recommend a zone change from CS (Commercial Shopping) to RM-24 (Multi-Family Residential) at 647 South Main, with the provision that the City investigate the need, or implement later on if necessary, a conditional or permitted use under the RM-24 zone which covers the operation that this facility will be using.  Josh Peterson seconded the motion.    Those voting aye:  Kendrick Thomas, Greg Bean, Susan Jensen, Wes Kirschner, and Josh Peterson.  Those voting nay:  None.   The motion carried unanimously. 

The property is comprised of 1.55 acres which will allow 36 units. 

5.      Conditional Use Permits

         A.     Paula Warner:

                  i.       Consider approving Paula Warner’s application for a business license

allowing her to operate a short-term rental business at 93 West 1000 North #89 (R1-6 zone, C-1 use).

                  ii.       Consider approving Paula Warner’s application allowing her to operate a business called Advanced Body Work and Massage at 93 West 1000 North #89 (R1-6 zone, C-1 use). 

Paula warner was present.  This is a 3-bed, 2-bath condo that she is under contract to buy.  The master bed and bath are completely separate and can be locked so that it can be her residence when she is here.  There are two other bedrooms where she will set one up for her massage therapy business and could rent it out on Airbnb when she isn’t here. She could use the other room to rent as a short-term rental.  If she can’t use it as a short-term rental, then she will rent it to a long-term tenant. 

Chairman Thomas asked if she has checked with the HOA to see if it allows for short-term rentals.  She said it is allowed.

Greg Bean wondered about parking.  Ms. Warner said she has a covered space that is her designated space.  There are a lot of empty spaces that are open for anyone to park in.  She said there is also parking across the street at the Centennial Park.  She was told that can’t be used because parking has to be on-site.   She said there is ample parking in the back where the spaces are not designated.  She is on the ground floor of the northwest building. 

Greg Bean said that he is concerned that maybe someone would bring something like a boat trailer.  Ms. Warner said there are already RVs parked there.  Chairman Thomas expressed his opinion that the HOA will manage it if there are problems with parking.  She was told that her clients cannot park on the public street. 

For massage therapy, Ms. Warner has one client at a time.  Parking for a short-term rental requires one space for each guest room.   

She was advised that this is a Conditional Use; therefore, if there are problems with parking or other issues, it can be reviewed.   

Josh Peterson motioned to approve Paula Warner’s application for a business license allowing her to operate a short-term rental business and a business called Advanced Body Work and Massage at 93 West 100 North #89, noting that parking will be on-site.  Susan Jensen seconded the motion.  Those voting aye:  Kendrick Thomas, Susan Jensen, Wes Kirschner, and Josh Peterson.  Those voting nay:  Greg Bean.  The motion carried.   

         B.      Jason Dopp:  Consider approving a Conditional Use Permit allowing Jason Dopp to create a duplex at 160 East Center (D zone, C-1 use) (old Valley Builders building).

Jason Dopp was present.  He would like to convert this building into a residential duplex.  He may want to do a four-plex later on.   The front part of the building is just under 3000 square feet so each unit will be approximately 1500 square feet per unit.  They will be two-bedroom units.  The requirement is for two parking spaces per unit.  There is a road on both sides of the building that goes back.  On the west side there are several covered parking spots and in the back there is a covered parking area. 

Mr. Dopp wonders if he could have his office there as well.   Or perhaps a game room for his tenants.  The space is about 20’x30’.   Because the property is in the D zone, an office would be allowed.  A game room would be considered an accessory use and acceptable as well. 

Greg Bean motioned to approve a Conditional Use Permit allowing Jason Dopp to create a duplex at 160 East Center.  Susan Jensen seconded the motion.  Kendrick Thomas, Greg Bean, Susan Jensen, Wes Kirschner, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.    

         C.     Jacob Robertson:  Consider approving a conditional use permit allowing Jacob Robertson to operate a business called Goblin’s Lair  at 22 East 200 South (D zone, C-1 use).  (Board games, cards, hobby shop.)

Mr. Robertson was present.  This will be a place for collectible card games, board games, and war game.  This is an existing building.  For parking Mr. Robertson could put stripes on the road.  He will talk to the hotel people across the road and see if he can use some of their parking.  He believes a lot of the business will be kids traveling by foot or being dropped off.  The parking requirement is for one space per three people.  He thinks he could fit six cars in front of the shop and across the road there would be a lot more.   Mr. Robertson will have five war game tables which is two people per table = 10;  five tables that fit six people = 30 for a total of 40 which would require 14 parking spaces. 

Josh Peterson said this is a legal non-conforming building where it was built so long ago and parking is on the City street.    

He will not be open on Sundays.  Hours of operation would be Monday thru Thursday would be 3 p.m. to 10 or 11 p.m.  Friday and Saturday hours would be 1 p.m. to 10 or 11 p.m.   Josh Peterson pointed out that he will probably use less parking the previous retail store. 

Chairman Thomas suggested that it could be approved as a legal non-conforming use because it has been there for so many years and there is no way to provide more parking.  Greg Bean wondered if this is approved then what does this do down the road if a similar situation is presented.  Susan Jensen responded that the Planning Commission would approve it also because this is a store front that has been there forever and it has worked for a lot of years.  We will approve a similar one too.  We want to see old buildings used rather than sitting.  We want to see all of our businesses succeed. 

Josh Peterson motioned to approve a Conditional Use Permit allowing Jacob Robertson to operate a business called Goblin’s Lair at 22 East 200 South as a legal non-conforming use.  Wes Kirschner seconded the motion.    Those voting aye:  Kendrick Thomas, Greg Bean, Susan Jensen, Wes Kirschner, and Josh Peterson.   Those voting nay:  none.  The motion carried unanimously. 

6.      Project Review

         A.      Review and approve exterior finish for Six County Commission Warehouse.  The façade is for the weatherization building.  Travis Kyhl was present.  The building is being constructed at approximately 197 East 600 North.  He presented a materials board showing a finish of decorative metal that looks like stucco and will be white with dark gray across the bottom with a dark gray roof.  This complies with the Zoning Code. 

Josh Peterson motioned to approve the exterior finish of the Six County Commission Warehouse as presented.  Greg Bean seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Susan Jensen, Wes Kirschner, and Josh Peterson.   Those voting nay:  none.  The motion carried unanimously. 

7.      Minutes Approval:

         A.      Consider approving minutes of September 7, 2022.  Greg Bean motioned to approve the minutes of September 7, 2022.  Susan Jensen seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Susan Jensen, Wes Kirschner, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.

8.      Other Business.  

9.      Adjournment.  The meeting adjourned at 8:00 p.m.

Passed and approved on the 2nd day of November, 2022.

/s/ Michelle Curtis

Deputy City Recorder