Minutes – 11.05.2014

         Minutes of the Richfield City Planning Commission meeting held on Wednesday, November 5, 2014, at 6:00 p.m., Chairman Steve Kunzler , presiding.
 
       1.     Roll Call.
       2.     Minute Approval.
       3.     Public Hearing.  Receive comments concerning a subdivision application
               filed by Corey Winkel for a residential subdivision to be located at 500 East
               1200 North. (Cove View Estates Subdivision.)
       4.     Subdivision Application.  Discuss Corey Winkel’s application for a
              residential subdivision to be located at 500 East 1200 North. (Cove View
                Estates Subdivision.)
       5.     Tom Bogh.  Consider recommending approval of Waiver of Improvements for
              construction of a home at 750 East and 800 North. 
       6.     Eric Torgerson.  Discuss options concerning .89-acre property located at
              550 West 500 South; i.e. subdividing vs. zone change to RM-11. 
       7.     Pedro and Ramon.  Discuss proposed restaurant to be located at the
              southeast corner of 400 North 100 East.
       8.     Other Business.
       9.     Adjournment.
 
 1.  Roll Call.  Roll call was answered by Steve Kunzler, Greg Bean, David Mower, Monte Turner, and Jeff Albrecht.   Pat Hansen and Brion Terry were excused. 
 
City Staff Present:   Zoning Administrator Gaylen Matheson and Deputy City Recorder Michelle Curtis.    
 
Others present:  Tom Bogh, Eric Torgerson, Trudy Torgerson, Corey Winkel, Richard Persons. 
 
2.  Minutes Approval.  The minutes of October 5, 2014, were reviewed. David Mower motioned to approve the minutes of October 5, 2014.  Jeff Albrecht seconded the motion.  The motion carried unanimously.   
 
 3.  Public Hearing.  (6:19 p.m.)   A public hearing was opened to receive comments concerning a subdivision application filed by Corey Winkel for Cove View Estates Subdivision to be located at 750 East 800 North.  Richard Persons said his home is located immediately to the south of the property.  He said he has no idea what Mr. Winkel’s plans are.  Nobody has contacted him.  He feels it is the fiduciary responsibility of City and County to make sure they protect the property rights of adjacent property owners.  He has not received any communication whatsoever.  He did not receive any kind of notification concerning Tristan DeMille’s property to the south of him.  The lane going to DeMille’s newly constructed home does not meet Code.  Mr. DeMille has also installed two cinder block fences which restrict the width of the lane even more.  To a certain degree, Mr. Persons has lost his agriculture access because Mr. DeMille has built a cinder block fence which blocks Mr. Persons’ access to his property behind the Persons’ home.  He asks has anybody looked out for his interest?  Is the City aware of what is going on out there?  Has a permit been issued for that?  Mr. Persons was told that the DeMille property is located in the County and so that is not an issue for the City to address.   
 
Chairman Kunzler explained the purpose of holding this public hearing is to inform the public of Mr. Winkel’s plans for the development of a subdivision.  Mr. Persons said he is simply asking the City to please look out for adjacent property owners and protect their interests.  He understands development is going to take place, but he had no contact on the DeMille property, and he has not been notified of anything with regards to Corey Winkel’s situation.  He thinks there is a fiduciary responsibility.  When he built there, he had to contact all of the neighbors because he was asking for a variance on width of his property.  His lot only had a width of 200 feet and the ordinance required a frontage width of 300 feet. 
 
Chairman Kunzler said Mr. Persons’ comments are appreciated.   He reiterated as far as DeMille’s property, that is a County matter.  The reason the City is involved with Winkel’s subdivision is because Mr. Winkel previously petitioned the City for annexation and is developing a subdivision.  Mr. Persons is worried that he is being forced to annex into the City.  Mr. Persons was told that his property is not being annexed into the City. 
 
It was explained that the application for the annexation of Mr. Winkel’s property has been processed and is nearly completed.  Public hearings have already been held for that.  Mr. Persons said he was not aware of that and did not receive notice of such.  He was told that notices are published in the local newspaper.  Mr. Winkel’s property has also been discussed in newspaper articles as he has negotiated with the City Council concerning sewer and water improvements being taken to the property.  Mr. Persons said he realizes that but sometimes a person is away, on vacation, busy, and doesn’t see those notices.  He thinks there is a fiduciary responsibility to protect the property owners. 
 
Mr. Persons said he thinks it boils down to communication.  He understands things are going to take place, but he feels like he has been totally in the dark other than that Mr. Winkel did mention to him that he had bought the property and was interested in doing something.  That is the only communication he has had. 
 
Monte Turner explained that at the present time, giving personal notice is not a policy of the City, but that is a suggestion that could be entertained by the City Council.   It may be worthwhile for Mr. Persons to visit with City Council members about the possibility of the City adopting a policy to give courtesy notice to adjoining property owners.  He should discuss his other concerns with the County. 
 
There being no further public comments, the public hearing was closed at 6:43 p.m.
 
4.    Corey Winkel Subdivision.  Discussion is held concerning a subdivision application filed by Corey Winkel for Cove View Estates subdivision to be located at 750 East 800 North.   This is a concept plan.  This has not been reviewed by the DRC.  This was brought to the attention of the Planning Commission at last month’s meeting.  Mr. Winkel said since that time, he has turned in an application and paid application fees.  He has met with excavators and he would like to start to put in the water and sewer line.  The subdivision plat being reviewed has not changed from the plat shown last month.  Phase 1 will consist of eight 1-acre lots. 
 
There will be a street going east through the subdivision which will eventually tie into 750 East.  Until that time, there will be a temporary cul-de-sac to use as a turn-around.  Mr. Winkel said he doesn’t plan to develop any more of the property for several years.  This will be the west half of the property fronting along 500 East that is being developed. 
 
Greg Bean points out that the lines drawn for the temporary cul-de-sac will take out a slice from lots 7 and 8 on the east end.  Mr. Bean asked how will the turn-around be bordered so that people know that is what it is for.  Mr. Winkel said there will be curb, gutter, and sidewalk around that.  When the time comes that the road is taken further east, they will have to cut the curb, move the sidewalk, and cut the asphalt. 
 
Greg Bean wondered if he needs a variance allowing a cul-de-sac street being longer than 450 feet.  Jeff Albrecht points out that this is a temporary cul-de-sac and will tie into a through street some day.  It is felt that this could be recommended for approval without a variance.  The zoning Code states that “no more than six lots shall front on a stub street, except where a temporary cul-de-sac turnaround is provided.” 
 
Jeff Albrecht asked going east, is the  next north-south street at the boundary of this 19-acre parcel (approximately 750 East) or will it be even further east.  Mr. Winkel said it will join into a north-south street that is even further east.  The Master Transportation Plan does show 750 East as being a future minor collector street.  There is discussion that it seems like at some time in the future, there should be a north-south street somewhere between 500 East and 750 East.  Mr. Winkel said he will be taking the sewer line all the way east and through his vacant field.  He anticipates that it will be years before the rest of this property is developed, but manholes will be strategically placed to accommodate the future streets that will go through there.
 
Mr. Winkel also needs to be aware of a provision in the Code which requires if a block exceeds 1000 feet in length, a pedestrian right-of-way may be required. 
 
Chairman Kunzler said sometimes it has been a problem when the City has approved construction over a street shown in the Master Transportation Plan.  Mr. Winkel said the Transportation Plan is just somebody’s wish.  Referring to a street that is proposed further north of this property, Mr. Winkel said when the Transportation Plan was revised, a few of his neighbors came in and complained about a future street going through their property.  The Plan was then adjusted as such.  The Plan shows a proposed east-west street near his residence at 1350 North 500 East.  The street jogs  around some trees, back and forth in different areas, and it doesn’t make sense how it was changed.  It makes sense for a street to go between his property and Boyd Keisel’s property, but the Transportation plan was changed from that.   In fact, he has his water well and a building sitting where the proposed road is now shown, and the City would have to pay him for that.  He placed his house knowing that the Plan originally showed a street between him and Boyd Keisel.  The property is perfect for building lots between his house and a street that could go between him and Mr. Keisel.  He said it is his opinion that the road is not going to jog around trees and back and forth.  It is natural for a street to go up the south side of his property between him and Boyd Keisel.  That is where the street belongs.    
 
Chairman Kunzler explained the key to the Transportation Plan is that there is some kind of guideline so that it is understood where minor and major collectors need to go so there isn’t a lot of landlocked property.  Whether or not they end up in perfect locations, the adoption of the Master Transportation Plan went through the process of many public hearings, with a lot of comments from the public, and this is the end result.  But as it develops, there is still a chance to review it.  This is the best document we have to work with today, and so it has to be considered.  In general, these areas can be tweaked a little bit, but there has to be connectivity to make sure that transportation can function in that area.  The trigger point is as development happens. 
 
He was told that as phase II of the subdivision develops, the subdivision will most definitely be impacted as far as the north-south streets are concerned.
 
Mr. Winkel needs to work on a preliminary plat to be reviewed by the Planning Commission, and then it can move on to the City Council.  He also needs to decide whether he wants this property to be zoned so that animals are allowed.  With the 1-acre lots, the property could be zoned RR-1 which would allow animal rights if that is what he wants. 
 
5.    Tom Bogh.  Consideration is given to Tom Bogh’s request for a Waiver of Improvements for a home to be built at approximately 750 East 800 North.  The Master Transportation Plan shows 750 East as a minor collector road.  In connection with the Ideal Acres Subdivision (Tooter Ogden) review, there had been discussion about vacating 750 East as a minor collector and designating a minor collector at perhaps 800 East or 850 East.  Mr. Bogh said if 750 East is vacated, it will leave this property landlocked.   He was told there will still be roads there where he would have access.  He is planning to build one home, and a building permit could be issued for that except that would require the installation of street improvements.  Therefore, he is requesting a Waiver of Improvements.  Because the Master Transportation Plan currently shows 750 East as a minor collector street, it would be difficult to deny a person access off of 750 East. 
 
David Mower said it seems to him that there is some risk on Mr. Bogh about where he starts to dig the foundation because he needs to know there is a possibility for a future north-south street at 800 or 850 East. 
 
Jeff Albrecht suggests that Mr. Bogh needs to treat this as though 750 East will be a minor collector road with a right-of-way width of 60 feet.  On the west edge of the property, he will need to make sure the home is offset by the 60-foot street right-of-way width and then make sure he complies with the 30-foot setback off of that.   It does make sense that in the future there will be an east-west road to the north of that will give him access to this property.  They may need to keep in mind that the driveway to this home could also become a City street at a future time. 
 
Mr. Bogh has indicated that perhaps they will build another home directly east of the one currently proposed.  In the event of that, the driveway going to that home would have to have a 20-foot right-of-way width in order to serve a flag-pole lot.
 
Mr. Bogh said there are approximately 435 feet from the road down to the possible flag lot.  He was advised that he needs to plan his driveway so that it could become a City street and also that 750 East could become a 60-foot wide right-of-way. It is recommended he build this house taking those issues into consideration. 
 
Gaylen Matheson said when Mr. Bogh brings in his site plan, it needs to be looked at as though there is a 60-foot right-of-way on the west and the south, and meet the 30-foot setback from there. 
 
Mr. Bogh will not be able to hook onto the sewer at this time.  He plans to drill a well and use a septic tank. 
 
Jeff Albrecht motioned to recommend a Waiver of Improvements for Tom Bogh to build a home located at 750 East 800 North with the condition that they plan for setbacks allowing a 60-foot road right-of-way on both the west and south sides of the property.  David Mower seconded the motion.  The motion carried unanimously.
 
6.   Eric Torgerson.  Eric Torgerson is present to discuss options concerning a .89 acre parcel located at 550 West 500 South.  Mr. Torgerson wonders about changing the zone to RM-11 or subdividing the property.  The property sits next to the middle school and is contiguous to the RM-11 zone.  The property would be accessed from 500 South Street.  If he were to rezone the property, there is enough property to accommodate eight units.  Next to this property to the west, there is a private drive which is used as a turn-around for school buses. 
 
He would want to fence the west side of his property and would more than likely plan to fence around the entire property.
 
In the alternative, there is enough property here for Mr. Torgerson to split it into two or three lots in the R1-10 zone. 
 
There was substantial discussion concerning the property.  The main concern is safety because of it being so close to the school bus entrance and turn-around area.  Also, the school bus entrance and the driveway to this property are close to the curve of 530 South which could create a safety issue as far as traffic and kids are concerned.  Having eight apartments here would increase the traffic more significantly than having a few single family residences. 
 
The Commission would not be comfortable with recommending a zone change for this property until it has been reviewed by someone with more experience.  A traffic engineer probably needs to look at it. 
 
Whether he splits the property or asks for a zone change, a public hearing would be required.  As far as splitting the property, one question would be whether or not two homes can be accessed by a flag lot, or if it would have to be arranged so that two lots have frontage on 500 South with a driveway going to the third lot at the back. 
 
The Commission doesn’t want to discourage him, but feels like it needs a little more information.  He was told he could get a building permit for one home, but he might want to be mindful how he situates the home so that he could create a flag lot at a later time. 
 
7.   Pedro and Ramon.  Pedro and Ramon were not present.  They wanted to request approval of a restaurant to be located in the home located at the southeast corner of 400 North100 East.  The matter was tabled. 
 
 8.   Other Business.  There was no other business
    
9.  Adjournment.  The meeting adjourned at  8:45 p.m.
 
PASSED AND APPROVED on the 7^th day January, 2015.
 
 
/s/  Michelle Curtis
       Deputy City Recorder