Minutes – 11.02.2022

COUNTY OF SEVIER

CITY OF RICHFIELD

                                                                                    At the Planning Commission

                                                                                    In and For Said City

                                                                                                                                                            November 2, 2022

         Minutes of the Richfield City Planning Commission meeting held on Wednesday, November 2, 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.

         B.   Discuss storage containers in commercial zones.

         C.  Discuss short-term rentals.    

3.       Public Hearing (6:30 p.m.)

         A.   Receive comments concerning a subdivision application filed by Pearson United. 

               The property is located on 100 West between 500 and 600 South. 

         B.   Receive comments concerning a proposal to limit the distance between

               properties zoned RM-24.  The proposal is to limit the distance between areas to

               no closer than 1000 feet. 

4.      Action on Public Hearings

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

               (Public hearing held on October 5, 2022).

         B.   Consider recommending approval of a subdivision application filed by Pearson

               United.  The property is located on 100 West between 500 and 600 South. 

       C.   Consider recommending approval of a proposal to limit the distance between

               properties zoned RM-24.  The proposal is to limit the distance between areas to

               no closer than 1000 feet. 

5.      Short-term Rentals

         A.   Consider approving Julia Parslow’s request allowing her to operate a short-term

               rental business at 398 West 800 South (RM-11 zone, C-1 use).

         B.   Consider approving Bryan Nay’s request allowing him to operate a short-term

               rental business at 230 East 300 North (RM-11 zone, C-1 use).

6.      Conditional Use Permits

         A.   Review site plan and consider approving Donavan Allen’s application for a 4-plex

               apartment building to be constructed at 642 South 100 West (RM-11 zone, C-1

               use.) 

7.      Minutes Approval

         A.   Consider approving minutes of September 7, 02022.

8.      Other Business.  

         A.   Brent Bell to present a proposal.

         B.   Discuss names for appointment to Planning commission. 

9.       Adjournment

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

City Staff Present:   Deputy City Recorder Michelle Curtis.     

Others present:  Rich Rollins, Julia Parslow, Jesse Gettler, Donavan Allen, Larry Pearson, Brent Bell, and Mark Alger.  Bruce Parker was present via Zoom.

2.      General Plan Discussion

         A.      Discuss proposed update to Richfield City General Plan.  Planning consultant Bruce Parker advised that changes have been made to the General Plan Map as suggested by the Planning Commission.  The new map shows the D area with a transition to high-density residential along each side of the D area, and then changing to medium density and low density going both east and west.  The Planning Commission agrees with the map as it is drafted; however, some of the colors are difficult to distinguish.  They will change the colors so that it is more clear. 

Chairman Thomas commented that if the area around the college is changed to commercial as shown on the map, that would open up that area for hotels, restaurants etc.  It might be best to leave it as currently zoned as a medium-density residential which also allows schools and allow for the construction of apartments.  Greg Bean wonders what the college plans to use the property for.  He doesn’t see a danger or possibility of hotels or gas stations being constructed.  Lisa White commented that a lot of colleges have food courts and that would be a commercial service.  It is agreed that some of the support services associated with a college do have more of a commercial aspect.  However, those would be secondary uses and a part of the college.  Mr. Parker pointed out that it could even be zoned F-1 and because the property is owned by the State, it would be exempt from the City’s Code.    

It is Chairman Thomas’ opinion that the safer option would be to leave it residential rather than commercial because there are a whole host of uses that could happen in a commercial zone.  Josh Peterson agrees.  He believes the City would want to allow for medium-density residential.  Greg Bean said the property west of the middle school and south of the college is owned by the State and he doesn’t see a commercial use happening.  Chairman Thomas pointed out if the State happened to sell it, then a developer could do something commercial.  It is currently zoned RM-11. 

The Commission agrees that leaving it medium-density residential is the safest course.    

As far as density, the Commission has been working with the assumption that any single-family residential would be low density, RM-11 medium density, and RM-24 high density.  Mr. Parker suggests that the R1-10, R1-25, RR-1, RR-5, and F-1 are low density.  R1-6 and R1-8 would be medium density, and RM-11 and RM-24 is high density.  He also proposes RM-11 as high density.  After discussion it was determined that the RM-11 should be included as medium density.

It was pointed out that Greg Bean has determined an area on the Trails map where he would like to see a bike path along the east side of town. 

Blaine Breinholt arrived.    

         B.      Discuss storage containers in commercial zones.    This will be put on the agenda for next month.  Chairman Thomas suggests doing some research to see what other communities allow.    

         C.     Discuss short-term rentals.    This will be put on the agenda for next month.  Chairman Thomas advises that somewhere around 25 short-term rentals have been approved.  Some of those are for sale or have been sold and are no longer being used as short-term rentals. 

3.     Public Hearing:  (6:30 p.m.)   

         A.   6:35 p.m.  A public hearing was opened to receive comments concerning a subdivision application filed by Pearson United.  The property is located on 100 West between 500 and 600 South.  The site plan was shown on the screen.  This is a housekeeping item.  A zone change was approved in a prior meeting which changed the south portion of the property as CS and the north portion as RM-24.   The property needs to be subdivided to reflect the zones and also divide the buildings into condominiums. 

There were no public comments.  The public hearing closed at 6:36 p.m.    

         B.   6:36 p.m.   A public hearing was opened to receive comments concerning a proposal to limit the distance between properties zoned RM-24.  The proposal is to limit the distance between areas to no closer than 1000 feet.   The Planning Commission had discussion several months ago concerning limiting the number of RM-24 units that would be allowed in the City.  The purpose of the 1000-foot distance is to spread high-density housing through town and prevent clustering of these developments.  Previously there had been discussion about limiting the number by percentage.  There was also discussion about limiting the number by showing areas on the General Plan Map where these RM-24 could be allowed.  Greg Bean remembers that the City attorney discouraged against using percentages unless it could be justified. 

Lisa White said she is concerned with the 1000 feet between areas because if someone were to put in a 5000-unit multi-family residential, then someone could have another one 1000 feet away which really doesn’t address the issue.  However, if it could be controlled by percentage of units in each area, it would be a better limitation.  She feels like the final answer from the attorney was having some justification for choosing the numbers. 

Lisa White also brought up the possibility of a single lot being RM-24 and put in a small number of units, but that would control everything else around them and not allow another development nearby which would do away with the benefits of the RM-24.  Or if somebody buys a larger chunk and does it all RM-24 then it could overwhelm an area but it would be within the 1000-foot limitation.  It doesn’t feel like this is a way to control the quantity of multi-family.   She feels like the attorney did not say it couldn’t be handled by percentage, but rather just that we needed to find some justification as to why this is being implemented. 

Josh Peterson feels like the Commission has been over-run with RM-24 and a stop-gap measure needs to be put in place.    

Susan Jensen stated that if it is necessary at a future point, Planning and Zoning can address the issues and implement different regulations.  This is a good start.  The General Plan is a moving document that will change several times.    

Donavan Allen asked about the zones that are shown and if this regulations is for 1000 feet between zones, or 1000 feet between developments.   He was told that it is 1000 feet between developments.    

There being no other public comments, the public hearing closed at 6:47 p.m. 

4.      Action on Public Hearing

         A.      Consider recommending approval of the proposed updated General Plan.  (Public hearing held on October 5, 2022).   

MOTION:  The Planning Commission recommends to the City council, and following the Council’s required Public Hearing, the adoption of the Richfield General Plan, 2022, as attached, with the following revisions, discussed at the 11/2/2022 Planning Commission meeting:

         A.     Revisions

                    i.      The Future Land Use Map be revised to change the area in proximity to the commercial zone in the college area to medium density residential. 

                  ii.      The Future Land Use Map colors be revised to make all colors distinct from any other color.

                  iii.     Additional text materials to be added to clarify General Plan Future Land Use Map and Zoning District designations.

                           Low Density Residential = F-1, RR-5, RR-1, R1-25, R1-10

                           Medium Density Residential = R1-8, R1-6, RM-11

                           High Density Residential = RM-24

                  iv.     Text will be added to the body of the General Plan and the Future Land Use Map stating, “All recommendations of the Planning Commission and all final decisions of the City Council shall remain at the sole discretion of the Planning Commission and City Council for determinations of General Plan and zoning Ordinance consistency.”

                  v.      The Trails Map be adopted as revised, and as reviewed by the Planning Commission on 11/2/2022. 

         B.     Findings.

                  i.       The Plan accomplishes the purposes of a comprehensive, long-range general plan, as required by Utah Code, by:

                            a.       Identifying the present and future needs of Richfield City; and

                           b.       Identifying appropriate policies for anticipated growth and development.

                  ii.      The Plan includes necessary maps, charts, and descriptive materials for:

                           a.       A Land Use Element.

                           b.       A Parks, Open Space, and Recreation Element; and

                           c.        A Moderate-Income Housing Element.

                  iii.     The Plan establishes appropriate actions and strategies necessary to advance various public policies and to position Richfield City to increase its economic prosperity, quality of life, and well-being of all existing and future City residents. 

It is noted that the Transportation Master Plan is currently being worked on and will be included in the General Plan when it is completed.  

Motion made by Josh Peterson.

Motion seconded by Lisa White.

Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Wes Kirschner, Greg Bean, Blaine Breinholt, and Josh Peterson. 

Those voting nay:  None. 

The motion carried unanimously. 

         B.      Consider recommending approval of a subdivision application filed by Pearson United.  The property is located on 100 West between 500 and 600 South.   

Lisa White motioned to recommend that the City council approve the subdivision application filed by Pearson United for the property located on 100 West between 500 and 600 South.  Wes Kirschner seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Wes Kirschner, Greg Bean, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously. 

         C.     Consider recommending approval of a proposal to limit the distance between properties zoned RM-24.  The proposal is to limit the distance between areas to no closer than 1000 feet.   

Josh Peterson motioned to recommend that the City Council approve a zone change to limit the distance between properties and developments to 1000 feet in the RM-24 zone.  Greg Bean seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Wes Kirschner, Greg Bean, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously. 

5.      Short-Term Rentals

         A.   Consider approving Julia Parslow’s request allowing her to operate a short-term rental business at 398 West 800 South (RM-11 zone, C-1 use).   Julia Parslow was present.  She has been using this home for long-term rentals but is now having to do an extensive renovation because of a bad renter.   Therefore, she has decided to convert the property to a short-term rental. 

The building inspector has been to the home and approved it.  The home has three bedrooms and one bath.    There is a double-wide driveway.   She understands that occupants should not park on the street because that is a very busy corner.

Lisa White motioned to approve Julia Parslow’s request allowing her to operate a short-term rental business at 398 West 800 South (RM-11 zone, C-1 use).  Greg Bean seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Wes Kirschner, Greg Bean, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously. 

         B.   Consider approving Bryan Nay’s request allowing him to operate a short-term rental business at 230 East 300 North (RM-11 zone, C-1 use).

Brian Nay was present.  The property is where Richfield Monument was located.  He would like to turn the building into a short-term rental property.  There is adequate parking.  He is buying the home that is east of this.  The buildings are on separate lots, but they do share a driveway and utility connections.  The home on the east will be maintained as a long-term rental.  He will remodel the building to have two or three bedrooms.    

Blaine Breinholt motioned to approve Bryan Nay’s request allowing him to operate a short-term rental business at 230 East 300 North (RM-11 zone, C-1 use).  Greg Bean seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Wes Kirschner, Greg Bean, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously. 

6.      Conditional Use Permits

         A.   Review site plan and consider approving Donavan Allen’s application for a 4-plex apartment building to be constructed at 642 South 100 West (RM-11 zone, C-1 use.)   Donavan Allen was present.  The property is at least 100 feet wide.  The plan shows side yard setbacks of 44 feet and 16 feet with the front yard setback of 30 feet and  rear yard setback at 25 feet.  The building is 47 feet wide.  On the south side there will be a shared asphalt drive that is 20 feet wide.  There will be a curb along the south with a 4-foot gravel strip for decoration against the fence.     

The DRC notes were reviewed as follows:

         1.   Zone.  RM-11 zone.  The property is comprised of .53 acre which would allow for 5 units.  This is a C-1 use. 

         2.   Parking.  Parking is required at two spaces per unit.  Are the garages large enough for two cars?  Mr. Allen stated that the garages are large enough for two cars. There is also room for cars to park along the curb on the interior of the property if it is needed. 

         3.   Sewer.  Show where sewer and water will be connected.  Mr. Allen advises that there was a home here previously so there is already a sewer connection.  He will upgrade the size of the pipe. 

         4.   Water Meter.  Show what size water meter will be used.  Developer to pay for water meter.  1-inch meter = $40, 1-1/2 inch meter = $840.  There is an existing water connection which is 20 feet from the southeast corner of the property.  He will upgrade the size of the pipe.   He doesn’t know what size the water meter will be but will do whatever the engineer advises. 

         5.   Street Improvements.  Street improvements required.  This includes curb, gutter, sidewalk, and asphalt to the curb.   Mr. Allen knows that this is the requirement.  He would request a variance for that because there is no curb and gutter along the whole street.  They won’t be using the street for parking.  There is a sidewalk at the south end of the block.  There is also sidewalk at the north corner of the block.  Mr. Allen was advised that this is a question that will need to be answered by the City Council as to whether or not they want to enter into a Waiver of Improvements.  Chairman Thomas and Blaine Breinholt both expressed their opinions that it should be required.  Chairman Thomas explained that we want our City to be as pedestrian-friendly as possible. 

         6.   Street Light.  Install a street light at the apartment entrance. This developer will reimburse Richfield City for Rocky Mountain Power installation of the light (Residential standards require street lights at 200 to 250 feet apart.)  Mr. Allen said he would prefer the light by his driveway but will measure to make sure that it is between 200 and 250 feet from the other street lights.    

         7.   Setbacks.  Setbacks comply with Zoning Code and reflect the following setbacks:  front = 30 feet; south side = 44 feet; north side = 16 feet; rear = 25 feet.  

         8.   Site Drainage.  Show proposed plan to retain drainage on-site.  This will be reviewed for adequacy by the City’s engineer.  Mr. Allen wondered about drainage.  It would be run-off from rain on the roof.  He will terminate everything in the lawn with catch cans and it will disperse in the lawn. If they need to, along the south curb, they could put in French drains.  He believes that would be sufficient.  Realistically it should all terminate in the lawns.  He doesn’t believe there will be any issue with drainage.   Chairman Thomas said on his development, he had to do a drainage report which substantiated all of that and told him how deep the depression in the lawn had to be.  The purpose is to keep water from spilling off of his property to the neighbors.    

         9.   Elevations.  Exterior elevations were provided. 

         10.    Mail Delivery.  Install CBU, location to be approved by the US Postal Service.

         11.  Garbage Collection.  Individual garbage cans are allowed for 4-plex or smaller. 

         12.   Fees.  Water impact is $6262 per unit for a total of $25,052.  Sewer impact is $949 per unit for a total of $3796.  Because the property previously had a house on it, the developer may be able to receive a credit for one impact fee.  This will need to be verified by the City Manager. 

         13.  Engineer Fees.  Developer to reimburse the City for engineer review and engineer inspections done by the City’s engineer.

Greg Bean motioned to approve Donavan Allen’s application for a 4-plex apartment building to be constructed at 642 South 100 West (RM-11 zone, C-1 use) contingent upon meeting the DRC requirements as discussed above.  Wes Kirschner seconded the motion.    Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Wes Kirschner, Greg Bean, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously. 

7.      Minutes Approval

         A.   Consider approving minutes of October 5, 2022.   Susan Jensen motioned to approve the minutes of October 5, 2022.  Josh Peterson seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Wes Kirschner, Greg Bean, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.    

8.      Other Business.  

         A.   Brent Bell to present a proposal.  Brent Bell was present.  His proposal was not itemized on the agenda because he wanted to present his idea in person.   He believes his concept and plan will attract a good team and could employ 10 to 20 people.  He would like to operate a dog grooming facility that would have no overnight care.  He will train dogs and also do doggie daycare. 

He would like to locate at the old Pepperbelly’s building at 680 South Cove View Road.  He knows noise will be a concern.  The area around this location is mostly commercial, but there is some residential across the street to the west and going south.  He could do training in the back of the building and not have overnight boarding or create a noise problem.  He could also build a sound wall on 100 West if there is a problem.  He believes he would have 30 to 50 dogs a day. 

He also hopes to some day cook or create dog food for dogs that have allergies.  He believes he could have a fairly good enterprise and the Pepperbelly’s building would be a good place for it. 

A commercial kennel is a C-2 use in the CG zone with a requirement for 100 feet from a residence.  This property is in the CS zone so it would require a rezone which would create an island of CG.  He was advised that the City generally tries not to create islands and so that might be a hinderance.  The Planning Commission would have to make a recommendation to the City Council whether or not to change the zone.  The City Council would make the final decision. 

Mr. Bell does not own this building.  He was told that the owner of the property would need to sign an application for a zone change.

         B.   Discuss names for appointment to Planning commission.  Wes Kirschner and Josh Peterson’s Planning Commission terms end at the end of December and they are willing to be reappointed.  Greg Bean’s third term is ending. Names to be suggested to the City Council for consideration to replace Mr. Bean include Michelle Mullen, Amy Myers, Mark Alger, Zack Leavitt. 

9.      Adjournment.  The meeting adjourned at 7:45 p.m.

PASSED AND APPROVED on the 7th day of December, 2022.

/s/ Michelle Curtis

       Deputy City Recorder