Minutes 11.04.2020

COUNTY OF SEVIER  
CITY OF RICHFIELD
At the Planning Commission
In and For Said City 
November 4, 2020
Minutes of the Richfield City Planning Commission meeting held on Wednesday, November 4, 2020, at 6:00 p.m., Chairman Monte Turner, presiding.
1.     Roll Call.  
 
2.     Public Hearing:  6:00 pm
        A. Public hearing to receive comments regarding the rezoning of property located at  544 West 600 South, formerly known as the Red Hills Mobile Home Park.  
            The property is currently zoned RM-11 and would be changed to the MD zone Manufacturing and Distributing) to correspond with the remaining property (KOA 
             property).  
       B. Public hearing to receive comments concerning the Zoning Code, Section 1707-Bed and Breakfast Inn and Short-Term Rentals.  The proposal is to eliminate item 7 
            which requires that primary access to all guest rooms is to be provided through the main entrance of the dwelling.  
       C. Public hearing to receive comments concerning a suggested revision to the Zoning Code to allow the keeping of no more than three 4-H animals for a period of 120 
            days before and 7 days after the County Fair.  
 
3.     Action on Public Hearings:
       A. Consider recommending to the City Council that the property formerly known as the Red Hills Mobile Home Park be changed from the RM-11 zone to the MD 
            (Manufacturing and Distributing) zone. 
       B. Consider recommending to the City Council that item 7 of Section 1707 of the Zoning Code be eliminated.  This removes the requirement that primary access to 
           all guest rooms is provided through the main entrance of the dwelling for a bed and breakfast inn or short-term rental property.  
       C. Consider recommending to the City Council that the Zoning Code be revised to allow the keeping of no more than three 4-H animals for a period of 120 days 
            before and 7 days after the County Fair.  
 
4.    Annexations:
       A. Consider recommending that the City Council approve the annexation of 15.13 acres located at approximately 1200 South 100 East. 
       B. Consider recommending that the City Council approve the annexation of 8.867 
acres located east of Hwy SR 118 and south of 1500 South Street. 
5.     Business Approval:  
        A. Consider approving Jesse Taylor’s application for business license allowing him to operate a business called Jesse Taylor Ltd, Tech Ops Intl, to be located at 420 East
             100 South (MD zone).  
        B. Consider approving Danielle Peterson’s request to operate a business for animal daycare and animal training to be located at 68 South Main (D zone, P2 use).
 
6.      Project Approval:
        A. Review and consider approving plans for the construction of two buildings (phases 1 and 2) in the Richfield Business Park on the lot immediately south of the Dogberry 
             building.  Building number 1 will house Dustin Nelson’s construction company.  
         B. Review plans for small addition at Deseret Industries (CS zone).  
 
7.     Mixed Use:
        A. Consider possibility of allowing use of Motel 6 property as a mixed use of studio apartments and commercial businesses (CS zone, C2 use).
 
8.      Other Business:
          A. Discuss density for multi-family zones. 
 
9.      Minutes Approval:
        A. Consider approving minutes of October 7, 2020.
 
10.   Adjournment.  
1.  Roll Call.   Roll call was answered by Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt.  Greg Bean was present via Zoom.  Landon Larsen was excused.  
City Staff Present:  Deputy City Recorder Michelle Curtis, Building Official Rick Robinson.  
Others Present:  Danielle Peterson, Kyle Arbizu, Sinisha Kostich, Eric Mainord, Greg Gagon, Dustin Nelson.  Present via Zoom:  Jesse Taylor and Mike Larsen.  
2.  Public Hearing: 
     A. 6:05 p.m.  Public hearing to receive comments regarding the rezoning of property located at 544 West 600 South, formerly known as the Red Hills Mobile Home Park.  The property is currently zoned RM-11 and would be changed to the MD zone (Manufacturing and Distributing) to correspond with the remaining property (KOA property).  
The KOA Campground and the Red Hills Mobile Home Park are owned by same company.  The campground portion of the property was recently annexed into the City because it was actually an island of property in the County.  When it was annexed, it was designated as the MD zone because that is where campgrounds are allowed.   Because the Red Hills Mobile Home Park was already in the City limits, the zone wasn’t changed and it is zoned RM-11.  The owner would like his entire property to have the same zone designation.  There were no public comments.  The public hearing was closed at 6:06 p.m.  
     B. 6:07 p.m.    Public hearing to receive comments concerning the Zoning Code, Section 1707-Bed and Breakfast Inn and Short-Term Rentals.  The proposal is to eliminate item 7 which requires that primary access to all guest rooms is to be provided through the main entrance of the dwelling.  
A few months ago, the Planning Commission entertained a few requests for short-term rentals.  At that time, it came to their attention that there is a requirement that primary access to all guest rooms is provided through the main entrance of the dwelling.  Rick Robinson stated that Public Works Director Keith Mogan had commented that he stayed at an Airbnb where they had to go through a front room door to get to their room and it was awkward. There were no public comments.  The public hearing closed at 6:08.  
     C. 6:09 p.m.  Public hearing to receive comments concerning a suggested revision to the Zoning Code to allow the keeping of no more than three 4-H animals for a period of 120 days before and 7 days after the County Fair.  
Mike Larsen was present via Zoom.  He pointed out that the agenda specifically states 4-H animals.  He suggests that if the ordinance is adopted it should apply to youth programs so that FFA youth programs are not excluded.  He said the absolute minimum time to tag a beef animal for the fair is 120 days, so he believes they should be able to have an animal for 150 days before the fair.  There were no other public comments.  The public hearing closed at 6:11 p.m.  
3. Action on Public Hearings:
    A. Consider recommending to the City Council that the property formerly known as the Red Hills Mobile Home Park be changed from the RM-11 (Multi-Family Residential) zone to the MD (Manufacturing and Distributing) zone. 
Lisa White motioned to recommend to the City Council that the property formerly known as the Red Hills Mobile Home Park be changed from the RM-11 zone to the MD zone.  Susan Jensen seconded the motion.  Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously. 
    B. Consider recommending to the City Council that item 7 of Section 1707 of the Zoning Code be eliminated.  This removes the requirement that primary access to all guest rooms is provided through the main entrance of the dwelling for a bed and breakfast inn or short-term rental property.  
Lisa White motioned to recommend to the City Council that item 7 of Section 1707 of the zoning Code be eliminated.  Greg Bean seconded the motion.  Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously.  
    C. Consider recommending to the City Council that the Zoning Code be revised to allow the keeping of no more than three 4-H animals for a period of 120 days before and 7 days after the County Fair.  
Greg Bean asked if this change will allow pigs and cows.  He notices the ordinance would require permission of the neighbors within a certain radius.  He wondered how there would be control of animals that might cause a lot of noise.  Whatever animals can be entered in the County fair would be allowed under the ordinance.  Chairman Turner expressed his opinion that it is not likely that animals will be all over the City.  Anyone who does this would have pens and the appropriate area to handle the animals.  Lisa Ogden believes requiring a permit with approval from the neighbors is a little bit of a filter.  
Lisa Ogden motioned to recommend to that City Council that the Zoning Code be amended to allow the proposed revision which allows animals for youth programs for a period of 150 days before the County Fair and 7 days after the County Fair.  Kendrick Thomas seconded the motion.    
Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously.  
4. Annexations:
    A. Consider recommending that the City Council approve the annexation of 15.13 acres located at approximately 1200 South 100 East. 
Kendrick Thomas recommended that the City Council accept and approve the petition for annexation of 15.13 acres located at approximately 1200 South 100 East.  Lisa White seconded the motion.   Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously.  
    B. Consider recommending that the City Council approve the annexation of 8.867 acres located east of Hwy SR 118 and south of 1500 South Street. 
Blaine Breinholt recommended that the City Council accept and approve the petition for annexation of 8.867 acres located east of Hwy SR 118 and south of 1500 South Street.  Susan Jensen seconded the motion.    Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously.  
Greg Bean left the meeting 
5. Business Approval:  
     A. Consider approving Jesse Taylor’s application for Business License allowing him to operate a business called Jesse Taylor Ltd, Tech Ops Intl, to be located at 420 East 100 South (MD zone).  
Jesse Taylor was present via by Zoom.  He has done hazmat training for 20 years.  He has conducted this business in Nevada, Arizona, and Sevier County.  He trains fire, police and military personnel on hazardous material handling and protective gear. 
Mr. Taylor was asked what kind of traffic he would expect to have going in and out of the business.  He said normally between five to ten people attend workshops.  He mostly works with a small team of individuals making videos for testing devices. 
He will be leasing this building.  It is located southwest of the Intermountain Farmers building.  
Mr. Taylor said he does store the hazardous materials on-site for testing and sampling.  He also tests them off-site.  He has materials that he uses for standards for solutions and training activities.  
Building Official Rick Robinson asked what is the classification of the hazardous materials:   radiation, explosives, corrosives?  Mr. Taylor said that is correct but generally in small quantities.  He doesn’t need large quantities.  Rick Robinson wondered who oversees his work, Hazmat, EPA?  Which government agency regulates his handling of that material?  Mr. Taylor said it is regulated by local zoning; however, he does have to have a state license.  The handling of the explosive material and radiation is overseen federally.  The gas, oil, and diesel that he has is not in a high enough quantity to require a permit or license.  He typically doesn’t have those materials at all, but only in consumer-use quantities.  
Parking will be on 100 South in front of the building and also on the west side of the building. He does not expect more than four or five vehicles from visitors, so there should never be more than six to eight vehicles there at a time.  
Mr. Taylor was told that when he comes to get his business license, he will have to show his other licenses to Rick Robinson, and also his storage containers for safety purposes.  He also needs to provide a letter from his landlord stating that they are aware of the type of business he is conducting and that they approve of it.  
  
Lisa White motioned to approve Jesse Taylor’s application for a business license allowing him to operate a business called Jesse Taylor Ltd, Tech Ops Intl, to be located at 420 East 100 South (MD zone)  as a C-1 use under warehousing as tech ops.  Blaine Breinholt seconded the motion.    
Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt.   Those voting nay:  None.  The motion carried unanimously.  
      B. Consider approving Danielle Peterson’s request to operate a business for animal daycare and animal training to be located at 68 South Main (D zone, P2 use).
Danielle Peterson was present.  She has been a dog trainer for 15 years.  She would like to open a day care and training service for dogs.  She has not yet decided exactly where she wants to locate.   If she locates at 68 South Main, it would be doggie daycare only and no boarding.  There is a back entrance.  She would like to do this for 3 to 5 years and build her business, and then possibly build somewhere that she would allowed to board overnight.  She would limit this to 20 to 25 animals.  Typically she should have one person per 20 dogs.  She plans to have one person for 10 to 15 dogs.  She would cap it at 25 dogs. She will have one employee and one part-time employee.  The person she is hiring is a trainer also.  
Rick Robinson asked her how much waste and food storage she has.  She is looking at a pet waste system that would hook up to the sewer line.  The other option would be two layers of garbage bags and have sanitation pick it up two times a week or however often is necessary so there are not smells.  Rick Robinson advised her that if she puts it in the sewer, then he will need to see that first and have a look at it.  
There was discussion about whether or not to require that Ms. Peterson check that the dogs have a dog license from the City.  It was decided that wouldn’t be a requirement because she will have clients coming from other cities besides Richfield.  Ms. Peterson said she will not accept dogs that have not been vaccinated.    
Lisa White motioned to approve Danielle Peterson’s request to operate a business for animal daycare and animal training to be located at 68 South Main (D zone, P2 use) with the condition that dogs have been vaccinated and if the waste if flushed down the sewer, then it will be approved by Rick Robinson first.  Blaine Breinholt seconded the motion.  Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.  
6. Project Approval:
     A. Review and consider approving plans for the construction of two buildings (phases 1 and 2) in the Richfield Business Park on the lot immediately south of the Dogberry building.  Building number 1 will house Dustin Nelson’s construction company.  
Dustin Nelson said he realizes that this review is a little preliminary.  He has recently been approved to purchase this property from the City Council.  He knows that he might need to meet with the Planning Commission next month as well for a complete plan review.  
The DRC notes were reviewed as follows:  
          1.    Water.   There is an 8-inch water line is on the west side of the property in Mulberry Lane.  He will need to pay impact fees and connection fees.  He needs to 
                put in a separate water meter for each building.  He agrees with this.  
          2.    Fire Hydrant.  Install a fire hydrant.  He will get with Rick Robinson to see where the placement for this needs to be.  
          3.    Sewer.  The sewer main line runs east and west on 2850 south.  In the future there will be a City street on the east side of the property which will run north and 
                 south.  The City will be responsible to take the sewer line from 2850 South to the back of this property.  Mr. Nelson can then take the sewer from the sewer main to 
                 his buildings.  He has discussed the depth of the sewer with Keith Mogan of City Public Works.
          4.    Drainage.   Provide plans showing drainage retained onsite.  He will address this.
          5.    Curb and gutter.  Curb and gutter is already existing.  Provide curb cuts.  
          6.    Street light.  Planning Commission to determine whether or not to require a street light.  The Planning Commission feels like with the lights that will be on the building
                 and in the parking lot, a street light does not need to be required.  
          7.    Trash enclosures.  Show where trash enclosures will be.  He will provide a trash enclosure.  He asked if there is a certain number that he should have.  He was told that 
                 would be between him and White’s Sanitation.  Rick Robinson advised that the City will address it if it receives complaints about trash blowing.  
          8.   Landscaping.  Landscaping is shown.  It will be xeriscape.  The requirement is for 2% of the site or 2000 square feet max.   He will landscape around the edges where he can’t build.  
          9.   Geotech Report.  Provide a Geotech report.  He will provide a Geotech report.  
        10.   Metal Buildings.  These will be metal buildings.  The street-facing sides will need to be finished in a material other than metal.  The street-facing sides will be finished with a 30%

                wainscot of brick or rock that is 6 or 8 feet high.  
        11.   Build-to-Suit buildings.  Check and make sure the use is an allowed use before starting buildings.   He will pull permits for the structures and then will build-to-suit on the inside

               when he knows what a particular tenant wants.  
The parking lot will be a hard surface for parking.  There will be a sidewalk as well for the parking lot.    
He plans to do phase 1 and 2 at the same time and will do phase 3 and 4 as needed.  
Kendrick Thomas motioned to approve Dustin Nelson’s concept plans for the construction of buildings in the Richfield Business Park contingent on the DRC comments being addressed.  Lisa White seconded the motion.  Blaine Breinholt seconded the motion.  Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.  
     B. Review plans for small addition at Deseret Industries (CS zone).   
Rick Robinson wanted to advise the Commission of Deseret Industries’ plan to do a small addition to their building at 715 South Main.  He advises the addition will be of block that matches the building.  It consists of offices and a break room.   They still meet parking requirements.    
Lisa White motioned to approve the plan Deseret Industries’ plan for a small addition at their building at 715 South Main.  Susan Jensen seconded the motion.   Susan seconded the motion.  Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.  
 
7. Mixed Use:
     A. Consider the possibility of allowing use of Motel 6 property as a mixed use of studio apartments and commercial businesses (CS zone, C2 use).  
Kyle Arbizu and his partner were present.  They are considering purchasing the Motel 6 and would like to use convert it into studio apartments.  Apartments are not allowed in the CS zone.  They wondered about the possibility of doing a mixed use of apartments and offices or even a restaurant in the building.  
They presented a concept floor plan which shows what a room could look like with a kitchenette added.    
The Planning Commission discussed a few options:  the zone could be changed to allow apartments in the CS zone or something like this could be allowed as a mixed use in the Zoning Code.  There was also a suggestion that another alternative would be revising the code to allow studio apartments in the commercial zones.  Another option is to create a zone allowing a higher density of apartments and put this property in the new zone.  
The Commission is unsure if there is a density requirement that has to be met with mixed uses.  Michelle Curtis will talk with the City’s planning consultant to see how that works.   
If the Planning Commission wanted to change the zone and allow a higher density, it looks like they would need a density of 26 to 30 units per acre.  
They would like to be placed on the City Council agenda to get a feel for what they like.
8. Other Business:
      A. Discuss density for multi-family zones.   
Eric Mainord and Greg Gagnon were present.  They came to both Planning Commission and City Council last month with a proposal for apartments to be built north of KFC/Taco Bell.  The Commission feels like the City does need to discuss density issues, and that it needs look at creating zones that have a higher density than RM-11.   Mr. Mainord and Mr. Gagnon have some general ideas of creating some higher density zones.  They showed a presentation that illustrated what and the RM-16 and RM-24 zones could look like.  They like a three-prong approach which includes number of units, a certain percentage of open space, and a certain percentage of green space.  
They point out that well-planned, multi-unit projects are not associated with blight and crime.  A substantial amount of investment is involved, and they are well managed.  Higher density residential does not ruin agriculture with sprawl.  It gives a place for young couples and families to get a start because they can’t always afford to buy a home or build a new home.  
High density residential also generates rooftops for generating tax revenue.  Population growth cannot be stopped, it can only be managed.  
They are no longer sure about developing the property next to KFC/Taco Bell because of the requirement for a street on the south side of the property.  But they do feel well received in the community and would like to do a project elsewhere.  They would like to see the City refine its density numbers.  A zone that allows 16 units per acre would be fitting for what they want to do, but they do believe there is a need for a  zone allowing of 24 units per acre as well.  
Coincidentally, there were also some other requests that had come in during the month concerning higher density zoning.  The Commission discussed these in determining what kinds of needs the City would want to meet in adjusting the Code to allow for higher density zoning.  
Sinisha Kostich owns several apartments throughout the City.  He owns an apartment that is located at 125 East 100 East.  The property is 8900 square feet which would only qualify one unit in the RM-11 zone.  Currently, the property has four units.   He would like to add three more units and provided a sketch showing a proposed layout with parking.  He said these small apartments seem to have filled a need and he believes having more, would continue to fill that need.  The Commission feels like this would require a much higher density than they would want to entertain at the present time.  
Phill Carroll owns the Cedar Canyon Housing on 175 East 600 North which is senior housing.  He has stated that when they were built, they were built exactly to the City’s density requirements.   He thinks he will have an opportunity through HUD to obtain money where he could add 16 to 20 units to the existing building.  The property is a little over 2 acres.  In order to allow that, the density would have to be as high as 28 units per acre.  Also, this property would require a zone change because it is located in the CS zone.  
The Commission spent a significant amount of time wrestling with how to deal with density.  It was finally decided to create a committee of a few Commissioners and have them meet to come up with a proposal regarding density and the creation of higher-density zones within the City.  The committee will be made up of Susan Jensen, Lisa White, and Kendrick Thomas.  They will meet on November 12th at 4:00 p.m.  
9. Minutes Approval:
A.  Consider approving minutes of October 7, 2020.  Page 5, line 31 will be changed to read “Richfield’s density equates to 11 units . . . “.  Lisa White motioned to approve the minutes of October 7, 2020, as amended.  Blaine Breinholt seconded the motion.  Those voting aye:  Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt.   Those voting nay:  None.  The motion carried unanimously.  
 
10.    Adjournment.  The meeting adjourned at 9:20 p.m.
PASSED AND APPROVED on the 2nd day of December, 2020. 
/s/  Michelle Curtis
         Deputy City Recorder