Minutes – 11.06.2019

COUNTY OF SEVIER
CITY OF RICHFIELD

 

At the Planning Commission
In and For Said City
November 6, 2019

 

Minutes of the Richfield City Planning Commission meeting held on Wednesday, November 6, 2019, at 6:00 p.m., Chairman Monte Turner, presiding.

1. Roll Call.
2. Minutes Approval: Consider approving minutes of October 2, 2019
3. Conditional Use Permit:
    A. Consider approving an application filed by David Smith requesting approval of a Conditional

7. Adjournment.

1. Roll Call. Roll call was answered by Monte Turner, Greg Bean, Kendrick Thomas, and Blaine Breinholt.

 

City Staff Present: Deputy City Recorder Michelle Curtis and Building Official Rick Robinson.

Others present: Eric Torgerson and Kurtis Maxwell.

 

2. Minutes Approval. The minutes of October, 2019, were reviewed. The following will be added to item no. 6 concerning the discussion about a motel for Howard Hatch: “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.)” “Mr. Hatch asked if the Planning Commission would meet with him next week if he is able to get this sorted out.” Greg Bean motioned to approve the minutes of October 2, 2019, as amended. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.

 

3. Conditional Use Permit:
    A. Consider approving an application filed by David Smith requesting approval of a Conditional Use Permit allowing him to use his property at 345 East Center Street as a short-term rental property (RM-11 zone, C-1 use).

 

David Smith was present by telephone. Mr. Smith explained that this was his grandparents’ home. He visited Richfield as a young child and has a lot of good memories of Richfield. The home has been in rough shape and very dilapidated for a number of years. He has updated the house and yard. He believes Richfield is a great place to visit, and he thinks other people would like staying here as well, and so he would like to be able to use this home as a short-term rental property.

There is adequate parking for at least three cars at the side of the house so that vehicles will not need to park on the street. There is a big back yard where children can play. The home has three bedrooms.

 

Chairman Turner explained that a short-term rental property can be approved with a Conditional Use Permit. However, if any problems arise, the Conditional Use Permit can be reviewed and Mr. Smith would be asked to come back to the Planning Commission to rectify any issues.

Greg Bean motioned to approve David Smith’s application for a Conditional Use Permit allowing him to use his property at 345 East Center Street as a short-term rental property with the stipulation that the property receives a clearance from the fire chief. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.

 

Building Official Rick Robinson advised that the fire chief has requested that he handle fire inspections. Mr. Smith will call Mr. Robinson to set up the fire inspection.

 

     B. Consider approving an application filed by Jay Miller requesting approval of a Conditional Use Permit allowing him to conduct a business called Miller Doors at 160 East Center (D zone, C-1 use).

This property is where Valley Builders was located. Mr. Miller was not present. The matter was not discussed.

 

4. Landscape Review, Rally Stop, 105 South Main: Consider approving revised landscape plan.

Kurtis Maxwell was present. A landscape plan was discussed and approved in the connection with the project plans when Rally Stop remodeled the Nowers Chevron building. Rally Stop has been open for a few months. Mr. Maxwell apologized that landscaping has not been finished. The original landscape plan incorporated a boundary that turned out to actually block a legal right-of-way for the motel located south of their property. They had planned an area with a pergola and picnic tables where traveling families could sit. In the few months that Rally Stop has been open, they have discovered that perhaps that area would become an area for drug deals to take place based on the surrounding neighbors and environment. Therefore, they would rather put in flower pots and gravel rather than a seating area. They will also put in a planter to prevent people from backing into their gas pumps.

 

Blaine Breinholt motioned to approve the revised landscape plan and amend the original application of Rally Stop, 105 South Main, to reflect the changes in landscaping. Kendrick Thomas seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.

5. Dog Grooming and Dog Boarding: Motion approving a business called Posh Pets to be operated by Kristen Heath and located at 350 South 100 East (CS Zone, P2 use). (Approved on 10/2/2019 agenda. Formal motion required.) Note: Dog boarding was not approved.

 

Greg Bean motioned to approve the dog grooming business to be operated by Kristen heath to be located at 350 South 100 East, CS zone P2 use as approved and discussed on the October 2, 2019, agenda. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.

 

6. Other Business.
    A. Eric Torgerson. Discuss options for use of property located at 246 West 800 South (CS zone); i.e. rezoning to RM-11 to allow construction of apartments; allow a mixed use which would be an arrangement of a combination of compatible residential and nonresidential uses on the same lot.

Eric Torgerson owns the lot west of the State Road property on 800 South. The property is zoned CS zone. The property is contiguous to the RM-11 zone. The property already has a home on it. He is contemplating tearing that down and then building a commercial-type building with one residence above it. He is thinking of a building with bay doors and an office, something that would be appropriate for things like a heating company, window tinting company, roofing business, etc. He is proposing to use the property as a mixed use which is allowed in the zone as a C-2 use.

He was told the setbacks for the building would have to be side yards 10 feet, rear yard 20 feet, and front yard 25 feet. He thinks he would like to do one building with the residence on the top. If he is able to rent the commercial space, he would build another commercial building.

The other option he is thinking of for this property would be to rezone the property to RM-11 and then he would build a 5-plex apartment building. However, he would rather go forward with the mixed use proposal in the commercial zone.

 

The Planning Commission thinks the concept fits the zone. Mr. Torgerson was encouraged to bring in a site plan showing setbacks, parking, landscaping, street improvements, and elevations. He was told street improvements are required at the time of development. He is hopeful those could be waived because he would build it as a residence until he actually rents it out as a commercial use as a build-to-suit. He hopes all of the site improvements could be delayed until he has a renter lined up. He was told that would have to be decided at the time he comes in for approval of the project and ultimately delayed improvements would be a decision of the City Council. Mr. Torgerson mentioned there are some trees in the right-of-way that would have to be moved in order to allow for a sidewalk, curb, and gutter. He suggests the City could help to have those removed.

 

After Mr. Torgerson left the meeting, Greg Bean stated that he does not think this should be a CS area. It should be a CG area. He says this because there is no shopping in this area. The K-Mart was recently changed to the CG zone and so he thinks this area should be changed. Michelle Curtis said that involves a lot of noticing to neighbors in the area and there has not been a request for the zone to be changed.

 

Blaine Breinholt pointed out that south of this area is Jorgensen’s which is retail shopping, Sevier Valley Glass, Sandy’s Drive-Inn, Pearson Tire, and Deseret Industries which fit well in the CS zone. It is only UDOT that isn’t necessarily commercial shopping but it includes offices, labs, and the rental car business.

 

Mr. Bean believes CG allows more uses by one or two, but it seems disingenuous to have a CS area right there where UDOT is so large and CG would do all of the same things for him and for anybody who wants to develop there and it even has a few uses that CS doesn’t allow. He realizes it would be a big expense to the City, but he thinks the Planning Commission should keep it in the back of their mind because that is what it should be.

 

Michelle Curtis explained that zoning areas generally fan out from residential zones and Downtown areas and graduate in such a way so that zones having a greater impact are situated further away from the center of a city and its residential zones.

 

Mr. Bean believes the Commission should reconcile these differences when it can.

 

    B. Expiring Terms. The terms of Brion Terry, Monte Turner, and Greg Bean expire at the end of December. Brion Terry has served for three terms and will need to be replaced. Mr. Turner and Mr. Bean would be willing to serve for another term. Landon Larsen has been suggested as a possible replacement.

 

The Planning Commission will meet with Bruce Parking, on November 13, 2019, at 7:00 p.m. to discuss proposed revisions to the Zoning Ordinance. Because the City Council room is scheduled to be used by another group, the meeting will be held in the conference room at the offices of Jones & DeMille Engineering.

 

7. Adjournment. The meeting adjourned at 7:05 p.m.

 

PASSED AND APPROVED on the 4th day of December, 2019.

 

/s/  Michelle Curtis
Deputy City Recorder