Minutes – 12.7.2022

COUNTY OF SEVIER 

CITY OF RICHFIELD

                                                                                    At the Planning Commission

                                                                                    In and For Said City

                                                                                    December 7, 2022

 Minutes of the Richfield City Planning Commission meeting held on Wednesday, December 7, 2022, at 6:00 p.m., Chairman Kendrick Thomas, presiding.

1.      Roll Call

2.      General Plan Discussion

         A.         Discuss storage containers in commercial zones.

         B.         Discuss Short-Term Rentals.

3.       Public Hearing (6:30 p.m.)

          A.        Receive comments concerning a proposed amendment to Section 800.813 of

                     the Subdivision Code concerning Drainage and Flood Plains. 

4.      Action on Public Hearings

         A.         Consider recommending approval of a proposed amendment to Section 800.813

                     of the Subdivision Code concerning Drainage and Flood Plains.

5.      Conditional Use Permits

         A.         Consider approving a Conditional Use Permit allowing Katrina Downs to operate

                     a home occupation doing teeth whitening at her home at 760 West 1000 South

                     (C-1 use, R1-10 zone). 

         B.         Consider recommending approval of a Conditional Use Permit allowing Poulsen
                     Developers to use the building at 69 South Main as a mixed use.  The mixed use

                     would be a commercial business and long-term housing (C-2 use, D zone).

         C.         Consider recommending approval of a Conditional Use Permit allowing the

                     construction of a multi-family dwelling unit called Phase 1, Cove Mountain

                     Village, to be located on 350 West between Cove View Road and 1300 South

                     (C-2 use, RM-24 zone).

6.      Minutes Approval

         A.         Consider approving minutes of November 2, 2022.

7.      Other Business.  

8.       Adjournment

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

City Staff Present:   Deputy City Recorder Michelle Curtis.     

Others present:  Karly Freeborn, Marnee Winn, Katrina Downs, Brad Garfield. 

2.      General Plan Discussion

Chairman Thomas stated that this is Commissioner Bean’s last meeting.  He expressed appreciation to Mr. Bean for the service he has given over the years.         

         A.  Discuss storage (cargo) containers in commercial zones.   Chairman Thomas explained that currently the Zoning Code disallows cargo containers in the City.  Some businesses would like to be able to place them on their properties for storage purposes.  A copy of Sevier County’s ordinance has been provided to Commissioners.  The County allows storage containers with the following conditions:    Containers larger than 120 square feet are required to have a building permit; they have to meet setback and hold-down requirements; they must be painted or altered to cover advertising, lettering, or numbers.  The County also requires that they are placed on 4” of gravel or railroad ties. 

The ordinance only applies to containers that are used for storage by the property owner and not to be used to rented out for storage by someone else. 

There are some cargo containers that are “grandfathered” because they were on properties prior to the ordinance being adopted. 

Wes Kirschner thinks storage containers have their place but where do you draw the line so that they don’t become an eyesore.  Perhaps they are alright behind a business but not in view of the street.    

Josh Peterson said he likes that the Sevier County ordinance requires them to be painted.  He doesn’t mind one or two at a commercial site, but Walmart now has a dozen and it doesn’t look good.  The autobody business at the east end of Center Street has vehicles that have to be locked up and out of sight.   The business has a need for using cargo containers for storage.  He thinks probably two would be plenty because the containers are long. 

Greg Bean suggests they could be managed by limiting the number of containers vs. total square footage of a property.  However, because something like Wal-Mart is so large, the number allowed could be excessive.  It was pointed out that the schools use them, but the City cannot regulate schools. 

Chairman Thomas suggested it could be based on a certain number per square footage of property but not to exceed a maximum number.  It seems this is similar to the ordinance that was recently reviewed concerning metal buildings where we want to preserve the visual integrity of the City.

Greg Bean suggested looking at other City’s ordinances.  It was decided to have a committee to check and see what other cities allow.  The committee will be Lisa White, Zach Leavitt, and Michelle Curtis.

         B.         Discuss Short-Term Rentals.  The Commission feels like the standards in place are working well and can be reviewed down the road if it appears there are problems.

Chairman Thomas discussed procedures for public hearings.  He would like the public to use the podium for the public hearing and then we can move the microphone to the table for the rest of the meeting for applicants to sit at the table.  The timer on the computer could be used and put on the big screen.  After the public hearing, during the discussion phase of the meeting, the public will be reminded that the time for public comments has passed.     

Lisa White suggested that the developer or someone give a brief overview of what they are doing so that the public knows what is being discussed.  That needs to be a formal thing. 

It was decided to have the developer do a brief presentation and then the public hearing.  The action portion for the public hearings should be lumped together after all of the public hearings.    

Michelle Curtis advised that the attorney responded back regarding requiring a distance of 1000 feet between RM-24 properties.  He suggested that if they cannot qualify for the RM-24 zone because of the distance requirement, then the property could fall back to the RM-11 zone.  The Commission feels like that makes sense.  The attorney also wondered whether the wording applies to project or property.   The Commission thinks it could be property line to property line.  This will be discussed on next month’s agenda.

The attorney also had suggestions regarding accessory uses in the multi-family zones where there could be a secondary use for a building.  This will also be placed on the agenda for next month. 

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

Chairman Thomas explained to the public that this is the public hearing portion of the meeting where the public is welcome to make comments.  Speakers should state their name and limit comments to 3 minutes.  After the public hearing, the action item of the meeting is where the Commission and the developer/applicant will discuss back and forth. 

         A.  Receive comments concerning a proposed amendment to Section 800.813 of  the Subdivision Code concerning Drainage and Flood Plains.   Planning Commissioners have received a copy of the Ordinance.  The City needed to have design criteria in the Code so that developers know what is expected for drainage. 

Josh Peterson said he likes that it says the minimum pipe size is 18” and that the discharge rate is based on storm amounts and not an arbitrary number. 

Chairman Thomas said part of the drainage requirement is doing soil testing to verify drainage will percolate. 

There were no public comments.  The public hearing closed at 6:35 p.m. 

4.      Action on Public Hearing

         A.         Consider recommending approval of a proposed amendment to Section 800.813

of the Subdivision Code concerning Drainage and Flood Plains.

Blaine Breinholt motioned to recommend adoption of Section 800.813 of the Subdivision Code.  Lisa White seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Lisa White, Landon Larsen, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.

5.      Conditional Use Permits

         A.         Consider approving a Conditional Use Permit allowing Katrina Downs to operate a home occupation doing teeth whitening at her home at 760 West 1000 South (C-1 use, R1-10 zone).   Katrina Downs was present.  She will do laser teeth whitening at her home in the evenings and weekends.  She anticipates no more than one customer on week night evenings and possibly a few on weekends.  This will not generate a lot of traffic.  She has a double garage so people will be able to park off the street.  She will only see one customer at a time.  The process takes about 60 minutes.  She uses 20% peroxide which comes in a syringe.  The syringe will be completely empty, and then it will go in the trash.   

Lisa White motioned to approve a Conditional Use Permit allowing Katrina Downs to operate a home occupation doing teeth whitening at her home at 760 West 1000 South, as presented.  Wes Kirschner seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Lisa White, Landon Larsen, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.

         B.         Consider recommending approval of a Conditional Use Permit allowing Poulsen Developers to use the building at 69 South Main as a mixed use.  The mixed use would be a

commercial business and long-term housing (C-2 use, D zone).

Karly Freeborn represented the property owners.  This property was previously a motel with the front portion of the building being used for commercial purposes.  Ms. Freeborn stated that the main part of the building along Main Street will remain a commercial space.  There are a couple of spaces that could be used for commercial use.  The restaurant space is still inside.  The property owners would like to convert the motel rooms into long-term apartments.  They have been getting bids to turn those into full apartments.  They have talked with the building inspector to see what needs to be done.  Part of that would include fire sprinkling which they plan to do.  They plan to start remodeling the rooms on the south end where there are four rooms upstairs and four rooms downstairs.  Those would be completed before they put anyone in them and then they would try to do it in sections.  They would not use it as a motel anymore.  There would not be a mix of short- and long-term. 

She does not know how many total apartments.  It is hard to know how many spaces for parking they need to provide without knowing how many apartments there will be.  However, there is parking in front of the motel rooms and also a piece of property behind the motel that could be used for parking.    

Ms. Freeborn said as far as the commercial space, there is one room that is being rented out for storage.  It is noted that “warehousing” is not allowed in the Downtown zone. 

After some discussion, the Commission doesn’t feel like the storage space falls under the “warehousing” category.  It is a business that does mail orders.  Greg Bean thinks it isn’t compatible with residential uses. 

Greg Bean asked where the closest RM-24 zone is located because of the City implementing a requirement that RM-24 zones are located no closer to each other than 1000 feet.  However, this request is not for a rezone but rather a mixed use.  Michelle Curtis explained in the past she has been told by the City’s consultant that housing density in mixed use areas is controlled by the number of parking spaces required as well as open space requirements. 

Chairman Thomas said the question is do the mixed uses at this property conform as mixed use in the ordinance as a commercial business or space that is complementary or supportive to the residential use there.  Lisa White commented that it appears it has that capacity but it’s hard to say because they have spaces available that haven’t been filled. 

Josh Peterson said he is not concerned about the commercial aspect of it but on the other side of the mixed use, does that allow the old hotel part to be used as long-term residential.  The building is currently being used for some of the people who were living at the Villa 647 when it burned.  They can only be there for a few weeks to give them a chance to find other housing.  When those people move out, the spaces won’t be filled until they have converted to long-term rentals. 

Chairman Thomas said Brent Poulsen, one of the property owners, contacted him and they talked about what a mixed use is or isn’t.  There are a lot of places on Main Street that have a store on the main floor and apartments above.  That is conforming and the intention of what already exists up and down Main Street.  Concerning the lease status of the commercial and whether or not it is occupied or not, it is fairly common along Main Street to have a store be vacant for a while, but it is still available for commercial use. 

Lisa White points out that it sounds like the storage business currently located there is a commercial retail business even though it isn’t open for foot traffic.   They sell products on-line and mail them out.  Anymore, that is what retail is.   Greg Bean said perhaps the ordinance needs to specify this type of business and allow that on-line shipping is part of a retail business.  Most successful businesses do on-line businesses now; i.e. Twelve Timbers, Pressed Petals.

Josh Peterson asked as a mixed use, they should only be able to rent the apartments that have been brought up to code and not be allowed to rent any of the old motel rooms until they are updated.  Lisa White points out that if it is a mixed use, they probably could use the rooms at a motel but not use any rooms for long-term living until they are brought up to the Code.  Ms. Freeborn said the Poulsens are not interested in doing a motel. 

Chairman Thomas wonders how strongly we can consider the status of the commercial leasing space.  If this were a brand new development was going to do a restaurant, apartments, and a store, even though it is currently not operating as a store and restaurant, that would be approved.  Blaine Breinholt noted that even though the commercial spaces are not filled, they are available.  Lisa White suggests a condition could be placed on it that the commercial spaces remain as commercial spaces available for lease or rent.    

As far as the spacing between RM-24 zones, Greg Bean would like to see a preclusion where the ordinance would say RM-24 or equivalent mixed use developments can be no closer than 1000 feet so that if a mixed use comes in at an RM-24 density, then it counts as being governed by the 1000 feet. 

Lisa White motioned to recommend approval of the Conditional Use Permit allowing Poulsen Developers to use the building at 69 South Main as a mixed use with the condition that the commercial space shall be retained as available commercial space and the long-term apartments must be brought up to building code before residents are allowed to move in.  Blaine Breinholt seconded the motion. Those voting aye:  Kendrick Thomas, Greg Bean, Lisa White, Landon Larsen, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.

If the mixed use is approved by the City Council, the developers will need to come back in to show the number of long-term living units, the square footage of each of the commercial spaces, and an analysis of all of the parking that is needed.    

As far as the existing storage at this location, there was some debate between Commissioners as to whether or not the operation falls under warehousing or retail.  The definition needs to be clarified to allow online-shipping as a retail use. 

         C.         Consider recommending approval of a Conditional Use Permit allowing the construction of a multi-family dwelling unit called Phase 1, Cove Mountain Village, to be located on 350 West between Cove View Road and 1300 South (C-2 use, RM-24 zone).

The developer was not present.  It will be on next month’s agenda. 

6.      Minutes Approval    

         A.         Consider approving minutes of November 2, 2022.  Lisa White motioned to approve the minutes of November 2, 2022.  Wes Kirschner seconded the motion.    

Those voting aye:  Kendrick Thomas, Greg Bean, Lisa White, Landon Larsen, Blaine Breinholt, and Josh Peterson.  Those voting nay:  None.  The motion carried unanimously.

7.      Other Business.  

8.      Adjournment.  The meeting adjourned at 7:15 p.m.

PASSED AND APPROVED on the 4th day of January, 2023.

/s/ Michelle Curtis

       Deputy City Recorder