Minutes – 12.01.2021

COUNTY OF SEVIER 

CITY OF RICHFIELD

                                                                                    At the Planning Commission

                                                                                    In and For Said City

                                                                                   December 1, 2021

         Minutes of the Richfield City Planning Commission meeting held on Wednesday, December 1, 2021, at 6:00 p.m., Chairman Kendrick Thomas, presiding.

1.      Roll Call

2.      General Plan Discussion

3.      6:30 p.m.  Public Hearings

         A.      Receive comments concerning an application filed by RM24, LLC, requesting a

                  zone change at approximately 1200 South 350 West (parcel number 1-7A-23). 

                  The proposal is to change the zone from CS to RM-24.  (Gagon, Mainord)

         B.      Receive comments concerning a subdivision application (lot split) regarding

                  property located on the north side of Centennial Park Drive on Main Street. 

         C.      Receive comments concerning a proposal to add requirements for student

              parking in the Zoning Code.  The proposal is to require  .7 parking spaces per

                  bed.  To qualify for the student parking regulation, an apartment complex

                  would need to have a contract with a college or school. 

         D.      Receive comments concerning an application filed by Harold Grant Eaton, Cove

                  View Properties (Mountair Motel) requesting a zone change at 190 South

                  Main (parcel 1-19-60).  The proposal is to change the zone from the D zone

                  (Downtown) to the RM-24 (Multi-family Residential) zone. 

         E.      Receive comments concerning an application filed by The Kim Huynh and Mai

                  Thi Doan (Apple Tree Inn) requesting a zone change at 145 South Main (parcels

                  1-18-46, 1-18-45, and a portion of 1-18-48).  The request is to change the zone

                  of 1.25 acres (south portion) from the D (Downtown) zone to the RM-24 (Multi-

                  family Residential) zone. 

4.      Conditional Use Permits

         A.      Consider approving a Conditional Use Permit filed by DR Pizza, Inc., allowing

                  Domino’s Pizza to locate at 178 West 1500 South, Suite 1 (strip mall by

                  Wal-Mart) (C-1 use, CG zone).

         B.      Consider approving Chad Ostler’s application to operate a business called Black

              Stache, LLC., at 595 East Center Street (P-2 Use, MD zone). 

         C.      Donavan Allen to request a Conditional Use Permit allowing him to conduct a

                  vehicle rental business at 168 North Main (C-2 Use, D zone).

5.      Record of Survey

         A.      Review Lorraine Shipp and Geraldine Taft Record of Survey for property located

                  on 500 West between 1300 and 1500 South.

6.      Business Discussion

         A.      Cresta Kemp to give updates on Matr Behavioral Health to be located at 89

                  South Main (substance abuse rehabilitation and silver living facility). 

7.      Subdivision Proposal

         A.      Brad Garfield to discuss use of property located at 1600 West Cove View Road

                  between 2100 and 2200 South.   Discuss subdivision and zoning of property to

                  allow for twin homes. Proposed zone to be RM-24.   

8.      Action on Public Hearings

         A.      Consider recommending that the City Council approve an application filed by

                  RM24, LLC, requesting a zone change at approximately 1200 South 350 West

                  (parcel number 1-7A-23).  The proposal is to change the zone from CS to RM-24. 

                (Gagon, Mainord)

         B.      Consider recommending that the City Council approve a subdivision application

                  (lot split) regarding property located on the north side of Centennial Park Drive

                  on Main Street. 

         C.      Consider recommending that the City Council approve a proposal to add

                  requirements for student parking in the Zoning Code.  The proposal is to require 

                  .7 parking spaces per bed.  To qualify for the student parking regulation, an

                  apartment complex would need to have a contract with a college or school. 

         D.      Consider recommending that the City Council approve an application filed by

                  Harold Grant Eaton, Cove View Properties (Mountair Motel) requesting a zone

                  change at 190 South Main (parcel 1-19-60).  The proposal is to change the zone

                  from the D zone (Downtown) to the RM-24 (Multi-family Residential) zone. 

         E.      Consider recommending that the City Council approve an application filed by

                  The Kim Huynh and Mai Thi Doan (Apple Tree Inn) requesting a zone change at

                  145 South Main (parcels 1-18-46, 1-18-45, and a portion of 1-18-48).  The

                  request is to change the zone of 1.25 acres (south portion) from the D

                  (Downtown) zone to the RM-24 (Multi-family Residential) zone. 

9.      Other Business

         A.      Greg Bean to discuss suggestions for changes to the Zoning Code concerning

                  metal buildings in commercial zones.

         B.      Discuss Short-Term Rentals. 

10.   Minutes Approval:

         A.      Consider approving minutes of November 3, 2021. 

         B.      Assign Commissioner to report at City Council meeting on December 14, 2021.

11.     Adjournment

1.      Roll Call.  Roll call was answered by Kendrick Thomas, Greg Bean, Susan Jensen, Blaine Breinholt, and Josh Peterson.  Wes Kirschner was excused.  Lisa White will join via Zoom later in the meeting. 

City Staff Present:   Deputy City Recorder Michelle Curtis.   

Others present:  Chad Ostler, Janey Marvin, Linda Dimmick, Lillian Simiskey, Kresta Kemp, Deaun Holdaway, Eric Torgerson, Brent Poulsen, and Michele Olsen. 

2.      General Plan Discussion

Chairman Thomas explained that by State law, Richfield City is required to have a General Plan.  It is time for the Plan to be updated.  Consultant Bruce Parker, together with his students at the University of Utah, have been working on an updated plan.   Michele Jolley had sought out another proposal from Rural Community Consultants (RCC).  Chairman Thomas previously provided a copy of a General Plan RCC prepared for another City.  Mike Hansen of RCC did an audit of the plan that was prepared by Bruce Parker and found what he believed were some deficiencies.  He recommended that the City not adopt it in its current state.  The City Council is wondering why it is taking so long to adopt a General Plan.  Chairman Thomas disclosed that he does have a conflict of interest because he is a part-owner of the firm that owns RCC, and so he will not weigh in on his recommendation as to what the City should do in that regard.  The Commission needs to decide which direction they think the City should go in adopting the General Plan.    

Greg Bean wondered what the deficiencies are.   He did see that last month Lisa White commented that she felt like the deficiencies in the proposed plan could be addressed without redoing a whole new Plan.  The other thing is that if we keep the part we have and correct the deficiencies, we still need the transportation plan looked at.  Greg Bean said he had Six County look at it and they didn’t do anything with it. 

Josh Peterson recommends using UDOT’s consultant to produce the Master Transportation Plan.    Chairman Thomas thinks the applications for funding are due by December 8th or 9th.   He thinks the Master Transportation Plan can be part of the General Plan or a stand-alone document

Chairman Thomas pointed out the following that were perceived as deficiencies by Mike Hansen:

  • The implementation portion of the proposed Plan is inadequate and missing actionable goals.  The Commission feels like the proposed plan does have a table at the end of it that sets out actionable goals. 
  • The importance and role of the future land use map wasn’t clearly defined. 
  • The Annexation Policy is a deficiency.   The City does have an Annexation Policy and Chairman Thomas thinks that can also be a stand-alone document but it should to be referenced. 
  • There is not a risk and resiliency element in the plan and Mr. Hansen believes the State Code that requires that.  Chairman Thomas said he looked at the language in the State Code and it says “may” provide for risk and resiliency/ emergency services.  It doesn’t have to be in the General Plan but it would be good policy to have something for that.  That could be done as an amendment to the plan later on. 
  • The airport should have more prominent mention of its role in the General Plan. 

The two options at hand are to hire RCC to fix all of this, or adopt the drafted plan and then use these deficiencies to help edit and amend the Plan.   

Bruce Parker is working on the changes to the draft as were suggested by Planning Commission in recent meetings.  He plans to have that back to the Planning Commission by late January.  The Planning Commission could review it and then possibly have public hearings in March or April. 

Greg Bean suggests going ahead with the proposed draft, making minor edits, add the Transportation Plan, and then use RCC for the next go-round. 

Susan Jensen said she doesn’t believe that the Commission has drug this out, but the process is long.  RCC would do exactly what we hire them to do, but it will just prolong the process.  Chairman Thomas said it is really important to have a good General Plan because the City is having a lot of pressure for growth.  We need a good plan to help set the stage for that to see that it happens in a good, responsible, orderly manner.   There is great flexibility in being able to add to the General Plan and amend it. 

Chairman Thomas believes it is fairly urgent that we address the future land use map.  He noticed that it needs to show the City boundary.  He suggests having a committee of two or three Commission members to look at it in more detail.  The City boundary needs to be shown on it. This is needed to guide responses to the RM-24 request.    

The Commission had the idea to limit RM-24 based on a percentage of total residences in the City so that there isn’t too much high density in one area.  The suggestion was for 25% of the total residences.  Jones & DeMille created a data base for the short-term rentals and they came up with a total of 2471 residents.  Twenty-five percent of that would be about 617 high density units.  There was also a suggestion for allowing only 5% in each area and making the areas the same as the STR-proposed areas.  The City attorney had said that the 5% needed to be substantiated by a study.  Greg Bean has talked with the Ombudsman and he thinks the doctrine of high-density housing being a detriment when it increases above certain levels is not in question and does not need to be supported by specific studies.  Greg Bean points out that the south end of town is getting deluged with high-density requests.  Chairman Thomas feels like that highlights the importance of the future land use map. 

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

         A.      6:31  Comments were received concerning an application filed by RM24, LLC, requesting a zone change at approximately 1200 South 350 West (parcel number 1-7A-23).  The proposal is to change the zone from CS to RM-24.  (Gagon, Mainord) 

This property is approximately 1 acre of property.  The proposal is to use the property for Snow College housing.

There being no public comments, the public hearing closed at 6:32 p.m.

         B.      6:32 Comments were received concerning a subdivision application (lot split) regarding property located on the north side of Centennial Park Drive on Main Street. 

There being no public comments, the public hearing closed at 6:33 p.m.

         C.      6:33 Comments were received concerning a proposal to add requirements for student parking in the Zoning Code.  The proposal is to require  .7 parking spaces per bed.  To qualify for the student parking regulation, an apartment complex would need to have a contract with a college or school. 

Chairman Thomas explained that the Zoning Code does not currently have specific regulations for parking at student housing apartments.  The City is getting a request for this type of development and would like to address the parking requirement. 

There being no public comments, the public hearing closed at 6:34 p.m.

         D.      6:34 Comments were received concerning an application filed by Harold Grant Eaton, Cove View Properties (Mountair Motel) requesting a zone change at 190 South Main (parcel 1-19-60).  The proposal is to change the zone from the D zone (Downtown) to the RM-24 (Multi-family Residential) zone. 

Grant Eaton was present.  Eric Torgerson said he was asked to be here as the City’s Building Inspector.  Mr. Torgerson said in order for the property to be used as long-term rentals, there are significant changes that will have to take place to make it work with the building code. 

There being no further public comments, the public hearing closed at 6:35 p.m.

         E.      6:35 Comments were received concerning an application filed by The Kim Huynh and Mai Thi Doan (Apple Tree Inn) requesting a zone change at 145 South Main (parcels 1-18-46, 1-18-45, and a portion of 1-18-48).  The request is to change the zone of 1.25 acres (south portion) from the D (Downtown) zone to the RM-24 (Multi-family Residential) zone. 

Donavan Allen asked in reference to this item and the Mountair Motel, are these changes being requested due to the new Zoning Code revisions concerning hotels/motels.  The Code does not now and it never did allow extended stay uses in the Downtown area.  The Code was changed for clarity. 

There being no further public comments, the public hearing closed at 6:37

4.      Conditional Use Permits

         A.      Consider approving a Conditional Use Permit filed by DR Pizza, Inc., allowing Domino’s Pizza to locate at 178 West 1500 South, Suite 1 (strip mall by Wal-Mart) (C-1 use, CG zone).

Ron Kearns was present.  He and his brother, Dave, own DR Pizza.  They currently own six stores.  This will be their fourth store in Utah.  The location is the end-cap unit of the strip mall by Wal-Mart.   It is the closest unit to Main Street.  The space is 1500 square feet.  They plan to redo all of the electrical, plumbing and HVAC.  They have a GC that is a Domino’s expert out of Virginia.  They build several Domino’s a year.  They have a target date of April 1st to begin construction and open 30 days after that. 

This will be a pizza order and pick-up.  Parking already exists.  They anticipate two or three customer cars there at a time and then the others are drivers coming and going.  The busiest time is usually dinner time, with Fridays being the busiest between 4 p.m and 7 p.m.  At that time, they could have eight of nine employees on staff.  During the day, there will likely be two or three employees

Blaine Breinholt motioned to approve the conditional use permit allowing DR Pizza to operate a Domino’s Pizza to be located at 178 West 1500 South, Suite 1.  Josh Peterson seconded the motion.  Those voting aye:  Kendrick Thomas, Susan Jensen, Blaine Breinholt, Josh Peterson, and Greg Bean.  Those voting nay:  None.  The motion passed unanimously.

         B.      Consider approving Chad Ostler’s application to operate a business called Black Stache, LLC., at 595 East Center Street.  (P-2 Use, MD zone). 

Chad Ostler was present.  He does restoration, upholstery, body, and paint on vehicles.  He isn’t a mechanic and won’t have a have a lot of cars parked there.  Any cars parked will be something going into the shop for restoration.  He plans on fencing the property.  If there are any cars, they will be behind the fence.  He does not plan to have any employees until he absolutely has to, perhaps a secretary or part-time helper and grow from there.  He hopes to buy the property.   

Mr. Ostler needs to provide a letter from the landlord stating that he is aware of and approves of the business.

Greg Bean motioned to approve Chad Ostler’s application to operate a business called Black Stache, LC, at 595 East Center Street as discussed.  Blaine Breinholt seconded the motion.   Those voting aye:  Kendrick Thomas, Susan Jensen, Blaine Breinholt, Josh Peterson, and Greg Bean.  Those voting nay:  None.  The motion passed unanimously.

Commissioner Lisa White joined the meeting via Zoom.

         C.      Donavan Allen to request a Conditional Use Permit allowing him to conduct a

vehicle rental business at 163 North Main (C-2 Use, D zone).   

Commissioner Lisa White joined the meeting via Zoom.  Mr. Allen has been operating a vehicle rental business, using the Shepherd’s Carpets parking area for staging.  He is purchasing 163 North Main to use as an office.  There is a garage area behind this office that he could use for detailing of cars.  There is an ingress area that is about five parking spaces long.  He will back the cars in so they have good visibility for the safety of pedestrians when leaving the garage.  He has also arranged a place nearby to park the cars.  The location is about 136 North 100 West where there is room for 18 cars to be parked along the fence. The cars are consistently booked out and aren’t parked very long. 

He will do a facelift of the outside of the building and also the interior.  He won’t be doing anything structurally nor adding onto the building. 

Stacy Whitmore is the owner of the additional parking spaces.  He is present at the meeting and said that he has agreed to the use of this property for parking the cars.    

Greg Bean moved to approve Donavan Allen’s request for a Conditional Use Permit allowing him to conduct a vehicle rental business at 163 North Main, with the condition that there is an 18-car limit for parking on the 100 West property, no fleet vehicles being parked in the public parking lot.  Employees can park in the public parking lot.  A customer can park there to fill out their paperwork, but otherwise they need to park their car elsewhere.  Susan Jensen seconded the motion. Those voting aye:  Kendrick Thomas, Susan Jensen, Blaine Breinholt, Josh Peterson, Lisa White, and Greg Bean.  Those voting nay:  None.  The motion passed unanimously.

5.      Record of Survey

         A.      Review Lorraine Shipp and Geraldine Taft Record of Survey for property located on 500 West between 1300 and 1500 South.

Michelle Curtis explained that this is basically a lot line adjustment.  The east property is divided by a City street.  The Record of Survey will adjust the property line so that the lot isn’t divided by a street.    

The Commission agrees with this Record of Survey being recorded. 

6.      Business Discussion

         A.      Updates on Matr Behavioral Health to be located at 89 South Main (substance abuse rehabilitation and silver living facility). 

Kresta Kemp represented Matr Behavioral Health which is a residential substance abuse and mental health facility.  They have been in business for over 25 years.  They have one residential facility and several out-patient facilities.

This will be a residential, outpatient, and sober living facility.  They plan to leave the building mostly the way that it is.  They want to get it up to building code as far as the health department and fire codes.  They will upgrade the kitchen area where the old restaurant was. 

They plan to do 14 beds for residential and 14 beds for sober living.  They will be licensed by the State of Utah under Matr.  The residential beds are covered 24 hours a day by staff.   Sober living is managed.  Sober living is allowed to go out and get a job, but they are still UA’d weekly and required to attend outpatient services.  In the sober living if there is a problem with a client, they are referred back to a higher level of care, much more structured like the residential section. 

Most patients do not need parking.  There may be some in sober living that will have a need for vehicles.  There will need to be staff parking.  There is plenty of parking at this location.   

Building Inspector Eric Torgerson stated that if they are changing occupancy, they will have to bring it up to the building code standards.  Ms. Kemp said she is aware of that.   They will be licensed through the Department of Human Services and will have to follow their procedures.  The DHS comes every year and checks everything.

This is a private non-profit business.

Because of the type of business, the Planning Commission cannot really impose regulations on them.  They are here mostly as a courtesy to the City.

They were told they will need to get with the County Building Inspector to see what is required to bring the building up to Code. 

7.      Subdivision Proposal

         A.      Brad Garfield to discuss use of property located at 1600 West Cove View Road

between 2100 and 2200 South.   Discuss subdivision and zoning of property to allow for twin homes. Proposed zone to be RM-24.   

Mr. Garfield was not present.  The matter was not discussed. 

8.      Action on Public Hearings

         A.      Consider recommending that the City Council approve an application filed by

RM24, LLC, requesting a zone change at approximately 1200 South 350 West (parcel number 1-7A-23).  The proposal is to change the zone from CS to RM-24.  (Gagon, Mainord)

This property is a very small piece of property that is contiguous to the property zoned RM-24 which is owned by these developers. 

Blaine Breinholt motioned to approve the zone change at approximately 1200 South 350 West from CS to RM-24.  Greg Bean seconded the motion.  Those voting aye:  Kendrick Thomas, Susan Jensen, Blaine Breinholt, Josh Peterson, Lisa White, and Greg Bean.  Those voting nay:  None.  The motion passed unanimously.

         B.      Consider recommending that the City Council approve a subdivision application

(lot split) regarding property located on the north side of Centennial Park Drive on Main Street. 

Chairman Thomas advised that Jones & DeMille have been working on this plat and asked that he address any questions the Commission may have.  The property owner wants to split the property because there are two potential buyers for the property.    

Blaine Breinholt motioned to recommend that the City Council approve the subdivision application (lot slit) regarding property located on the north side of Centennial Park Drive on Main Street.  Greg Bean seconded the motion.  Those voting aye:  Kendrick Thomas, Susan Jensen, Blaine Breinholt, Josh Peterson, Lisa White, and Greg Bean.  Those voting nay:  None.  The motion passed unanimously.

         C.      Consider recommending that the City Council approve a proposal to add requirements for student parking in the Zoning Code.  The proposal is to require  .7 parking spaces per bed.  To qualify for the student parking regulation, an apartment complex would need to have a contract with a college or school. 

This was discussed at last month’s meeting.  Snow College Ephraim requires .5 parking spaces per bed.  It was felt that the rate needed to be a little higher than that.  An apartment owner would have to show that they have a housing contract with a college or school.  

Greg Bean motioned to recommend that the City Council approve the proposal that the Zoning Code be changed to require .7 parking spaces per bed for student housing, provided they have a housing contract with a school or college.   Blaine Breinholt seconded the motion.  Those voting aye:  Kendrick Thomas, Susan Jensen, Blaine Breinholt, Josh Peterson, Lisa White, and Greg Bean.  Those voting nay:  None.  The motion passed unanimously.

         D.      Consider recommending that the City Council approve an application filed by Harold Grant Eaton, Cove View Properties (Mountair Motel) requesting a zone change at 190 South Main (parcel 1-19-60).  The proposal is to change the zone from the D zone (Downtown) to the RM-24 (Multi-family Residential) zone. 

Stacy Whitmore and Grant Eaton were present.  They stated they have completed 16 units for use as long-term rentals.   They went forward with what they thought were the motel regulations, but have since found out they didn’t comply with building code. They apologize for that.  Mr. Eaton is not interested in running a motel.  They have put in kitchenettes.  There are some dorm rooms, five rooms, that share a kitchen.  Those rooms have college students in them.  

Building Inspector Eric Torgerson said a hotel/motel is transient in nature.  Currently, the motel is an R1 occupancy.  It becomes a long-term stay when rooms are rented for a period of more than 30 days.  It then becomes an R2 under the building code.  The building code states that any time occupancy is changed, it has to be brought up to existing building code standards. In this case it would require things such as fire sprinklers and fire walls.  They will need full kitchens, not just kitchenettes.  If rented as an apartment it needs fridges, stoves, ventilation, and ground fault protections.  It is doable, but quite intense.  This is what the building code states has to happen and the building code is black and white. 

Mr. Whitmore was asked if the motel has firewalls.  He stated it has ¾-inch sheetrock and most of the rooms are actually cinderblock.  Mr. Torgerson said that is something they could look at.  They need to provide plans and have the building department look at it. 

Greg Bean said he wouldn’t have a problem with the rezone because it is adjacent to a residential area and the property isn’t on the south side of town which is becoming saturated with the higher density zoning.   They will have to work to ensure that they are in compliance with the building code.  Mr. Whitmore said they feel like what they’ve done has been of benefit to the City.  He wonders what they should do if they can’t do it under the new Zoning Code and they can’t do it under the old Zoning Code. 

Mr. Torgerson stated that it is not the old code vs. the new code.  It has always been in place.  (Offical approval by Richfield City was never given.)   

Greg Bean suggested working with the building department to see what needs to be done and then decide whether to go ahead with it.   Mr. Torgerson said they could bring in a plan for a portion of it and see if they can do it.  It is going to be costly for the motels/hotels, but the code dictates what has to be done and the building department has to follow it.  

Chairman Thomas said there are two issues:  compliance with the building code and compliance with the City’s Zoning Code.  Mr. Torgerson said he feels like the zoning should be addressed first and then if the zone is changed, go forward with compliance with the building code. 

The property has a commercial laundromat on-site.  If the zone were changed to residential, the laundromat would become a legal non-conforming use.  Chairman Thomas suggested that because of the commercial laundromat, a “mixed use” might be an option. The advantage of that is that the zone would not have to be changed.  A mixed use would be more flexible. 

In the Zoning Code, the definition for Mixed Use is: “The arrangement of a combination of compatible residential and nonresidential uses on the same lot or parcel of land or within the same building and complying within the requirements of this Ordinance.”  This is a C-2 use which has to be recommended by the Planning Commission for approval of the City Council. 

Chairman Thomas stated that he likes the idea of mixed use in the downtown area because it promotes getting people on downtown Main Street and preserves commercial land use of the property.

Michelle Curtis said in the past Bruce Parker has indicated the controlling factors with mixed use would be that a property can meet City standards, i.e., parking requirements, landscaping, etc., for both the residential portion and the commercial portion of a property.  

Grant Eaton said there is plenty of parking for everybody.  The laundromat is located on 200 South and only property tenants and people using the laundromat park on the street.  Big O, across the street, uses the parking as well.  There are no other businesses or homes that park on 200 South impacts.  Mountair’s use of the street parking on 200 South takes away from no one. 

If a mixed use is allowed, it still needs to be brought up to building code standards.  They could be given a year to bring it into compliance.     

Mr. Torgerson said they are currently using the facility for long-term stay and will still be out of compliance.  Can a business license be granted for the period of time before it is brought into compliance?  The City Council will have to make that call. 

Greg Bean motioned to recommend that the City Council approve the Mountair Motel as a mixed-use property with the condition that they bring the buildings up to the satisfaction of the building inspection department within one year, and contingent upon this use not being a burden upon the City’s law enforcement personnel.  Blaine Breinholt seconded the motion.  Those voting aye:  Kendrick Thomas, Susan Jensen, Blaine Breinholt, Josh Peterson, Lisa White, and Greg Bean.  Those voting nay:  None.  The motion passed unanimously.

         E.      Consider recommending that the City Council approve an application filed by   The Kim Huynh and Mai Thi Doan (Apple Tree Inn) requesting a zone change at 145 South Main (parcels 1-18-46, 1-18-45, and a portion of 1-18-48).  The request is to change the zone of 1.25 acres (south portion) from the D (Downtown) zone to the RM-24 (Multi-family Residential) zone. 

Stacy Whitmore represented Apple Tree Inn in its request for a change of zone from D to RM-24.  There is an investor who wants him to manage upgrading the Apple Tree Inn.  The investor would like to purchase the Apple Tree and put in about $250,000 in upgrades.  The plan is to change the south half of the property to 30 units for use for long-term residential and keep the 35 units on the north half as a motel.  The property is currently being used for long-term rentals.  There are people who have been living there three years. 

There will be 30 apartments when they are finished.  These were huge motel rooms to be used for long-term rentals.  Six of the rooms are 350 square feet.  Others would be studio apartments.  Three of them are already one-bedroom apartments with a separate bedroom, living area and kitchen.  There are two that are three-bedroom.  For the south extension of the property, they would like to have a kitchen on the top floor and a kitchen on the bottom floor with the rooms sharing the kitchens.   

Building Inspector Eric Torgerson said they need to provide plans to the building department for all of that.  It is going to be difficult to get around not having a kitchen in each unit.  It will be difficult to start splitting off bedrooms and having egress, smoke detectors interlinked, and egress out of each bedroom with windows of certain sizes. 

Mr. Whitmore asked if this is used for college or student housing, would it be allowed.  Mr. Torgerson said they could look at that, but it might be difficult.  They need to have a licensed general contractor and an architect involved.   

Blaine Breinholt said it sounds like they need to get a plan for exactly what they plan to do.  It isn’t very clear.  Mr. Whitmore said he will have to see what the investor is willing to do.  Josh Peterson suggests looking at a fire suppression system first.  That will be very costly.    

Michelle Olsen said she has been to City Council meetings when they have been discussing motels vs. long-term rentals.  She wonders if they can still operate under the new revised definition in the Zoning Code which allows a limit of 25% of the rooms being long-term and no longer than a 90-day period.  Mr. Torgerson said if they are used for long term, the units still have to be brought up to building code. 

The Commission doesn’t feel there is enough information to decide if the RM-24 zone is appropriate. 

Michelle Curtis also mentioned that rezoning a portion of the property will require a new plat map or a Record of Survey so property lines are shown correctly.   

It is felt that this needs to be tabled until they can present a complete scheme of things showing the lot sizes, size of rooms, kitchens, satisfactory egress, separate electrical for each unit, etc.

Josh Peterson motioned to recommend to the City Council that they not take any action on this until more information is received.  Blaine Breinholt seconded the motion. Those voting aye:  Kendrick Thomas, Susan Jensen, Blaine Breinholt, Josh Peterson, Lisa White, and Greg Bean.  Those voting nay:  None.  The motion passed unanimously.

9.      Other Business

         A.      Greg Bean to discuss suggestions for changes to the Zoning Code concerning

metal buildings in commercial zones.

Greg Bean was not present at last month’s meeting, but he has read the minutes and supports what was discussed.

This will be set for public hearing for next month.  It will also be sent to the attorney.

         B.      Discuss Short-term Rentals.   Chairman Thomas showed a map created by Jones & DeMille showing the number of residences in the City.  They divided the City into three sections so that the sections are somewhat even.  The northwest side of town is zone 1 showing 915 residences.  It is probably the zone with the least growth potential.  There is an East zone with 400 South being the southernmost boundary which is zone 2.  That one has 767 residences.  Zone 3 is the south and it has 789. 

With a limit of 5% of residences being allowed as STRs, that would allow 45 STRs in zone 1, 38 in zone 2, and 39 in zone 3.  That would allow about 122 STRs in the City.

The Commission likes the boundaries as drawn and the numbers. 

Greg Bean said if these are the areas for short-term rentals, couldn’t they be the same areas to be used in limiting numbers in the RM-24?  That might be difficult because zone 2 doesn’t have a lot of space for RM-24.

There was discussion that STR’s should be allowed only in single-family dwellings.  Two separate buildings on a lot is more like glamping.  STRs are not allowed in the RM-24 zone. 

A draft was reviewed showing these changes to the ordinance.  The Commission believes it is ready for public hearing.  The maximum numbers can be adjusted as the need arises.  It needs to be clarified that STRs are only allowed for single-family homes that are on their own parcel.  An STR is not allowed to be in apartments because they are not single-family dwellings.

Josh Peterson wanted to discuss the RM-24 zone.  He feels like the RM-24 zone was created with the intent of new construction and not to change hotels/motels or other buildings into that.  There was discussion that that may have been the intent but it was not specifically prohibited.

The STR map could be utilized for controlling numbers of units in the RM-24 in each area of town.  Greg Bean believes the map is not enough.  Josh Peterson feels like the General Plan Map could control it by designating RM-24 zones on the General Plan Map.  Chairman Thomas thinks a smart strategy for RM-24 is picking spots on the General Plan Map that correlate well with the Master Transportation Plan so that there is ready access to major collectors. 

Greg Bean does think the future land use map is important, but there needs to be an ordinance regarding RM-24.  He thinks we need to choose limits that make sense.  He started out with 25% and then reduced it to 5%.  We need to start out with something and then it can be modified later if needed.  Chairman Thomas wonders if the right approach is not to do it based on percentage areas but actually look on the map and ask if a rough area is ok for RM-24. 

Lisa White wonders what parameters are appropriate in allowing a zone to become RM-24:  Is it access to shopping, access to transportation corridors, utilities, or whatever?  Those parameters could be clarified. 

Greg Bean said the Ombudsman told him that it is a fact that the quality of living degenerates when there are too many high-density developments in an area.  

Lisa White agrees in adding a cap in each of three areas but she does not agree with designating areas on the future land use map and then saying that we will only consider changes to RM-24 in those areas.  They are areas that would have been chosen arbitrarily maybe years prior.  She believes it makes more sense to set the parameters and a cap of not to exceed more than 25% of the City.

Chairman Thomas said he feels like we need to be promoting affordable townhouse developments more than apartments.   Greg Bean thinks we need to set the process in motion to make an RM-24 ordinance and let limits start to apply and wait for people to develop these zones that have already been approved before we do anymore because these requests are just going to keep coming.

Blaine Breinholt asked what if the approved properties don’t develop and they sit on it for years.  The City needs multi-family housing now.  How long could the City possibly wait and nothing get accomplished?

Chairman Thomas said there has been a lot of discussion on the ones that have been approved.  He isn’t surprised that they aren’t in construction yet, knowing that getting the zone changed is the first step.  They wouldn’t start the design process until they know they have the right zone. 

Josh Peterson said he feels like RM-24 should be something that is next to commercial zones and away from single-family residential.  It’s that buffer zone from industrial-commercial to single-family residential.  All of the ones that have been approved are in that category.  Greg Bean said if we don’t do something, somebody will want one that is obtrusive and we won’t be able to deny.  Chairman Thomas said the General Plan should say those things.  It should say the RM-24 zone should be approved for areas that meet certain criteria. 

Chairman Thomas said the whole reason for the General Plan is to set forth the principles or the guidance for when a property is or is not rezoned.  Greg Bean thinks that the ordinances are key to that and built on the General Plan.  He believes the General Plan by itself has no enforcement.  Chairman Thomas said the General Plan sets forth when we do and don’t change land use zones.  An ordinance doesn’t control when we do or don’t change a zone. 

Josh Peterson asked if we could further define the RM-24 to be what it was intentionally intended to be for townhomes, condos, or something of that sort because we don’t want a large structural block apartment.  We’re probably alright with the big condos and townhomes like we see on the outskirts of Provo and those areas where they are nice buildings and not apartment complexes.  He wonders if we can exclude apartment complexes. 

RM-24 will be discussed again at next month’s meeting.   

10.   Minutes Approval:

         A.     Consider approving minutes of November 3, 2021.   Blaine Breinholt motioned to approve the minutes of November 3, 2021.  Susan Jensen seconded the motion.  Those voting aye:  Kendrick Thomas, Susan Jensen, Blaine Breinholt, Josh Peterson, Lisa White, and Greg Bean.  Those voting nay:  None.  The motion passed unanimously.

         B.     Assign Commissioner to report at City Council meeting on December 14, 2021.  Chairman Thomas will attend the City Council meeting.

Kendrick attend. 

11.    Adjournment.  The meeting adjourned at 9:05 p.m.

PASSED AND APPROVED on the 5th day of January, 2022.

/s/ Michelle Curtis_

         Deputy City Recorder