Minutes – 3.06.2019

COUNTY OF SEVIER
CITY OF RICHFIELD

 

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

 

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

2. Minutes Approval: Consider approving minutes of February 6, 2019.

3. Public Hearings:
    A. Zone Change. Receive comments concerning a proposed amendment to the General Plan

4. Consider Motions on Public Hearings:
    A. Zone Change. Consider approving an application for zone change filed by Amerco Real Estate

5.  Discuss Short-term Rentals:
     Jim Holt to discuss short-term rentals and the possibility of changing the Code to allow short-

 

6. Low-income Housing:
    Kiran Patel to discuss low-income housing at the former Topsfield Lodge (1200 South Main) (CS

7. Executive Session:
   A. Pending litigation matter.

 

8. Other Business:
    A. Appoint Chairman and Vice-Chairman for 2019.

 

9. Adjournment.

 

1. Roll Call. Roll call was answered by Monte Turner, Greg Bean, David Mower, Lisa White, Susan Jensen, and Blaine Breinholt.

 

City Staff Present: Deputy City Recorder Michelle Curtis.

 

2. Minutes Approval. The minutes of February 6, 2019, were reviewed. On page 5 line 15, the letter “p” is separated from the word “pending”. That will be corrected. David Mower motioned to approve the minutes of February 6, 2019, as amended. Susan Jensen seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None.

 

3. Public Hearings:
    A. (6:13 p.m.) Zone Change. Receive comments concerning a proposed amendment to the General Plan and Zoning Map. The property to be discussed is located at 1080 South Hwy 118 (former K-Mart Plaza). The application was filed by Amerco Real Estate Company and requests a change of zone from CS (Commercial Shopping) to CG (General Commercial). Brad Ling was present. Mr. Ling stated that their intention is to convert the former K-Mart building into a U-Haul Moving and Storage facility. The intention would be to use the inside of the building for climate-controlled, inside-heated, secure storage. They would have truck and trailer rentals. There will be approximately 5000 square feet of retail space where they will sell moving boxes, hitch accessories, whatever it takes for towing trailers or moving. They would like to have a row of storage buildings outside that customers can access from the outside. Everything on the inside will have access from a single secure access point, probably with some sort of an access to back the vehicle inside. They will dress up this building so that it looks nice. This property is located in the CS zone. Storage units are not allowed in this zone. The applicant is requesting that the zone be changed from the CS zone to the CG zone in order to allow storage units.

There were no other public comments. The public hearing closed at 6:16 p.m.

     B. (6:17 p.m.) Townhouse. Receive comments concerning the creation of a 3-unit Townhouse project to be constructed at 595 South 200 Wes (RM-11 zone). Tyler Olsen and Kendrick Thomas were present. Last month they presented a plan to construct a 3-unit townhouse. Because it is a townhouse, the project is required to go through the technicality of the subdivision process.

There were no other public comments. The public hearing closed at 6:19 p.m.

     C. (6:19 p.m.) Condominium. Receive comments concerning an application filed by Southwest Spine and Pain concerning property located at 860 North Main, a medical professional building to be converted into a 3-unit condominium called SW-TW Clinics of Richfield. The applicant was represented by John Spendlove of Jones & DeMille Engineering. This is an existing medical professional building. Because the building is being condominiumized, it is required to go through the technicality of the subdivision process. There are three separate medical entities located in this building, and each business would like to own their portion of the building rather than lease their space. The entities consist of a surgical clinic, a medical clinic, and a physical therapy office.

There were no other public comments. The public hearing closed at 6:27.

 

4. Consider Motions on Public Hearings:

Lisa White motioned to recommend that the zone for the K-Mart shopping plaza be changed from the CS to the CG zone. Greg Bean seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None.

 

      B. Townhouse. Consider approving an application filed by Kendrick Thomas and Tyler Olsen for the creation of a 3-unit townhouse project to be constructed at 595 South 200 Wes (RM-11 zone). The construction of this project was approved last month, but is on this agenda so that it can be sold as separate townhouse units. Last month there was discussion as to whether or not the developers would have an HOA. Mr. Thomas said they have looked at it, inquired of an insurance provider, and a bank. Given there is no need for a common access to each unit, each unit has its own driveway off of the street, it could be done without an HOA. They aren’t sure they are comfortable with this, so they are also going to contact an attorney. They haven’t made a decision one way or another regarding the HOA.

 

Mr. Thomas also said there was a question as to whether to do the park strip on 600 South. His recommendation is to do a low maintenance park strip with rock mulch so that it matches the sidewalk which is in place further to the east. The Commission is in agreement with this.

Greg Bean motioned to recommend approval of the townhouse proposal as discussed. Blaine Breinholt seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None.

C. Condominium. Consider approving an application filed by Southwest Spine and Pain concerning property located at 860 North Main. The application is requesting permission to convert a medical professional building into a 3-unit condominium called SW-TW Clinics of Richfield.

 

Lisa White motioned to recommend approval of the condominium proposal as presented in the public hearing above. David Mower seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None.

 

5. Discuss Short-term Rentals. Jim and Krista Holt were present to discuss short-term rentals and the possibility of changing the Code to allow short-term rentals in the RM-11 zone. Currently short-term rentals are allowed only in the R1-10 and larger residential zones. Mr. Holt said he has a home on 700 South 300 West which is located in the RM-11 zone. He has used it as a rental for the last 10 years. When the last people moved out of it, the Holts ended up having to gut it and start all over. Every time somebody moves out, they have to clean it and paint it, and they are often left short of rent. They decided to try doing an Airbnb.

 

They went ahead and switched to the Airbnb, not realizing that short-term rentals, such as Airbnb and VRBO, are not allowed in the RM-11 zone. When he called the City last week, he was told that the property isn’t zoned for Airbnb.

 

Airbnb is based on reviews. People book on-line. The Holts have had more success with this. They don’t get the wear and tear. It has been a smart move for them. They are asking for approval to be able to continue to do this with the property.

 

Their neighbors have had no complaints with this and have been happy with it as the Airbnb users have been better neighbors than the renters that have been there. The last renters were growing marijuana in the basement. They have cleaned up the property and it looks good. It has one bedroom. They allow only 3 people and have an air mattress if it is needed. They have turned away people asking to accommodate 4 people.

 

There was discussion that perhaps there isn’t a reason not to allow it in the RM-11. Since the time the Code was changed to allow short-term rentals in the R1-10 zone, the only inquiries that have come to the City office have been for properties located in the RM-11 zone. The ordinance limits it to no more than three bedrooms. The reasoning in not allowing it in the RM-11 zone was in trying to avoid apartment buildings turning several apartments into short-term rentals and basically ending up as a motel in a residential zone. The stipulation in the ordinance allowing only three bedrooms prevents that.

 

The Holts pointed out that a short-term rental can be an upgrade to a neighborhood. They have to have a really high standard just to get on the website to rent. They have to be immaculate in order to be on the Airbnb or VRBO websites. People who stay there leave reviews, and the home owners can also rate their tenants so that there is a check and balance.

 

Lisa White motioned to hold a public hearing next month to entertain the suggestion that short-term rentals be allowed in residential zones other than just the R1-10 and larger residential zones. Greg Bean seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None.

 

6. Low-income Housing. Kiran Patel to discuss low-income housing at the former Topsfield Lodge (1200 South Main) (CS zone). This would require a change to the Zoning Code. He is not present. Mr. Patel was not present. The matter was not discussed.

 

7. Other Business:
    A. Appoint Chairman and Vice-Chairman for 2019. Monte Turner was appointed Chairman and Greg Bean was appointed Vice-Chairman.

 

The Commission will meet to discuss the General Plan on Wednesday, April 17, 2019, at 7:00 p.m.

8. Executive Session:
    A. Pending litigation matter. Greg Bean motioned to convene an executive session at 7:27 p.m. Lisa White seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None.

 

At 8:26 p.m. Brion Terry motioned to close the Executive Session and reconvene into the regular session. Greg Bean seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Lisa White, Susan Jensen, Brion Terry, and Blaine Breinholt. Those voting nay: None.

 

9. Adjournment. Blaine Breinholt motioned to adjourn. Susan Jensen seconded the motion. The motion carried unanimously. Those voting aye: Monte Turner, Greg Bean, David Mower, Lisa White, Susan Jensen, Brion Terry, and Blaine Breinholt. Those voting nay: None. The meeting adjourned at 8:26 p.m.

 

PASSED AND APPROVED on the 3rd day of April, 2019.

 

/s/  Michelle Curtis

        Deputy City Recorder