Minutes – 3.3.2021

COUNTY OF SEVIER

CITY OF RICHFIELD

Minutes of the Richfield City Planning Commission meeting held on Wednesday, March 3, 2021, 6:00 p.m, Chairman Kendrick Thomas, presiding. 

1.       Roll Call

2.         Public Hearings  6:00 pm

            A.         Public hearing to receive comments concerning an application filed by Paul

                        Everitt requesting a lot split at 410 South 500 West.  (R1-10 zone). 

            B.         Public hearing to receive comments concerning a request to rezone the

                        property located at approximately 350 West 1300 South (parcels 1-a-25, 26,

                        and 116) from the CS (Commercial Shopping) zone to RM-24 (Multi-family

                        Residential). 

            C.         Public hearing to receive comments concerning a request to rezone the

                        property located at 75 West 1500 South from the RM-11 zone to the RM-24

                        zone.

            D.         Public hearing to receive comments concerning a request to rezone the

                        property located at 1080 South between 900 and 1000 West from the R1-8 to

                        the RM-11 zone.

            E.         Public hearing to receive comments concerning a request to rezone the

                        property located north of KFC/Taco Bell (parcel 1-7-89) from the CG (General

                        Commercial) to RM-24 (Multi-Family Residential). 

            F.         Public hearing to receive comments concerning a request to rezone the

                        property located at approximately 1000 West Center from the F-1 (Forestry) to

                        R1-10 (Single Family Residence) zone.

3.         Business License/Conditional Use Permits

            A.         Consider approving a Conditional Use Permit allowing Kristen Heath to operate a

                        business called Posh Pets at her home at 350 South 100 East (CS zone).  (Correct

                         address is 385 West 650 South.)

            B.         Consider approving a Conditional Use Permit allowing Juan Bravo to conduct a

                        business called Bravo Holding dba VIP Vapors at 1156 So Hwy 118 CS zone

                        (Commercial Shopping zone). 

4.         Short-Term Rental

            A.         Consider approving application filed by Kento Properties allowing a short-term

                        rental at 595 South 200 West (RM-11 zone, C-1 use). 

5.         Action on Public Hearings

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

                        Paul Everitt requesting a lot split at 410 South 500 West.  (R1-10 zone). 

            B.         Consider recommending that the City Council approve a request to rezone the

                         property located at approximately 350 West 1300 South (parcels 1-a-25, 26,

                        and 116) from the CS (Commercial Shopping) zone to the RM-24 (Multi-family

                        Residential). 

            C.         Consider recommending that the City Council approve a request to rezone the

                        property located at 75 West 1500 South from the RM-11 zone to the RM-24

                        zone.

            D.         Consider recommending that the City Council approve a request to rezone the

                        property located at 1080 South between 900 and 1000 West from the R1-8 to

                        the RM-11 zone.

            E.         Consider recommending that the City Council approve a request to rezone the

                        property located north of KFC/Taco Bell (parcel 1-7-89) from the CG (General

                        Commercial) to the RM-24 (Multi-Family Residential) zone.

            F.         Consider recommending that the City Council approve a request to rezone the

                        property located at approximately 1000 West Center from the F-1 (Forestry) to

                        R1-10 (Single Family Residence) zone.

6.         Minutes Approval

            A.         Consider approving minutes of February 3, 2021, and February 18, 2021.

7.         Other Business

            A.         Discussion regarding update of the General Plan and Zoning Code.  (Zoom

                        meeting with University of Utah class.)

8.   Adjournment

1.       Roll Call.  Roll call was answered by Kendrick Thomas, Lisa White, Susan Jensen, Landon Larsen, Blaine Breinholt, Greg Bean.

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

Others Present:  Brayden Gardner, Greg Gagon, Eric Mainord, Juan Bravo, Arlie Green, JJ Lund, Kristen Heath, Craig Harmon, Mark Hatch, Ryan Harris, Tyler Olsen, Richard Chamberlain, Kent Hulet.

2.         Public Hearings

            A.        6:05 p.m.  A public hearing was held to consider recommending that the City Council approve an application filed by Paul Everitt requesting a lot split at 410 South 500 West.  (R1-10 zone).    There were no comments from the public.  The public hearing closed at 6:06 p.m. 

            B.    6:06 p.m.  A public hearing was held to consider recommending that the City Council approve a request to rezone the property located at approximately 350 West 1300 South (parcels 1-a-25, 26, and 116) from the CS (Commercial Shopping) zone to RM-24 (Multi-family Residential).   Greg Gagon represented the developers.  They are requesting a rezone to RM-24 which would allow them to construct apartments.  They started the process back in October with another parcel.  He feels like they have met a lot of resistance.  Density, traffic, and sprawl were all issues.  He thinks the biggest issue is that no one wants to lose the rural nature of the community.  There is a lot of growth coming to this area.  He believes the higher density zone (RM-24) that was recently adopted helps to prevent sprawl. 

Their concept is for 192 units.  If those were built as 3-bedroom homes and sprinkled those across the valley, it wouldn’t feel the same.  The traffic would be hated even worse than if it was concentrated downtown. 

They aren’t interested in doing subsidized housing or student housing.  When the project is finished, they will have put millions of dollars into the project and have a lot at stake and they won’t let it become run down  It will be run by a professional management company.  They are planning  2- and 3-bedroom apartments with 1 or 2 bathrooms.  Mr. Gagon believes this is a great product and he believes the area is ready for it.  He doesn’t see anything negative about it. 

There were no other comments from the public.  The public hearing closed at 6:13 p.m.

Planning Commissioner Josh Peterson arrived.

            C.        6:14 p.m.   A public hearing to receive comments concerning a request to rezone the property located at 75 West 1500 South from the RM-11 zone to the RM-24 zone.   Rick Robinson explained that this piece of property is east of SR-118 and south of the strip mall by Wal-Mart.  Smith Meat’s will be relocating to the area, and they plan to construct these so that employees who move here with them will have a place to live.

 There were no comments from the public.  The public hearing closed at 6:15 p.m. 

                D.           Public hearing to receive comments concerning a request to rezone the property located at 1080 South between 900 and 1000 West from the R1-8 to the RM-11 zone.   Chairman Kendrick Thomas declared a conflict of interest as he is one of the developers.  Rick Robinson explained this property was originally planned as phase 2 of Indian Springs Subdivision.  Phase 2 was not developed and there was never a plat filed.  It would have consisted of six building lots.  These developers would like to purchase the property and construct duplexes (a total of seven units).  The property is at the end of 1080 South street. 

The following comments were received from the public:   

Ryan Harris:  Mr. Harris lives on 1080 South.  He said he doesn’t want the low income coming into their nice quiet neighborhood.  Even though the road going west is dirt, there is already a lot of traffic on that street, and to add a minimum of 28 more vehicles is absurd.  He asked if the Commissioners would want this next door to them.

Mark Hatch:   Mr. Hatch lives on 1100 South.   He said he doesn’t want this next door to his property.  He understands that phase 2 of the subdivision was not developed  because of Richfield City.  He believes when Mr. Labrum developed the road, the City was supposed to come in and double the road width.  The City trimmed the width of the road and put sidewalk on it.   Mr. Labrum had said he wouldn’t finish the road, the City would have to do that.  Now all these years later, it is Mr. Hatch’s opinion that the City should pave the road and only allow single-family homes there.

Mr. Hatch said when the Six-County did their 8-million-dollar project down by Soda Run (100 East 1000 South), it was not supposed to be low income, but that is what it turned into.  He also stated he has a problem with the Six-County self-help homes coming into his neighborhood.  He believes those lowered the value of his home. 

Mr. Hatch said when he originally built in the Indian Springs Subdivision, there were rules.  This property was technically part of the Indian Springs Subdivision.  Don’t the rules still apply?  Is it being removed from the subdivision?  Michelle Curtis explained that this property was going to be phase 2 of the subdivision, but the plat was never filed so the property has remained as one parcel. 

Brayden Gardner:  Mr. Gardner replied that all the way through the development process, the apartments by Soda Run were presented as moderate income and they continue to be moderate income.  The City is in need of rentals.  Mr. Harris and Mr. Hatch agree, but they would rather see rentals kept together in one place rather than spread throughout the City. 

Mr. Gardner stated that he represented Poulson Estates when they wanted to develop these lots.  The City had a requirement that they finish 1080 South all the way to College Avenue.  It was property that the Poulsons did not own, and the City required them to try to acquire rights-of-way for the road from other property owners.  They were unable to do that, and told by the City that they couldn’t do the project without the road. 

Ryan Harris:  Mr. Harris wondered what is the contingency plan for all that traffic. 

Kendrick Thomas:  Chairman Thomas stated they do plan duplexes which will be townhomes to be sold.  They will be two-story, with an unfinished basement.  Each unit will have a side yard so it will feel much like a house.  They realize they would have to put in their share of the road which would be centerline plus 10 feet. 

Commissioner Landon Larsen arrived.    

JJ Lund:  Mr. Lund asked if the City has a need for this type of housing and what betters the City.  We need to think about the people moving in. 

Ryan Harris:  Mr. Harris asked again if the Commissioners would like 14 units next to them.  That equals out to 28 cars at two cars per unit.  Perhaps they are families of four and that comes to 56 additional people in the neighborhood.  Do the Commissioners want 28 cars moving in next to them?   

Lisa White responded that she wouldn’t mind something like that coming in next door to her.  She would prefer this over the dirt field that is there.    

Rick Robinson said that according to the Traffic Plan, the City doesn’t require a traffic study until there are 50 units.  Mr. Harris said then the entire street (meaning from 400 West to College Avenue) should be taken into consideration.  He said there is also a daycare in the area.  At 7:30 to 8:00 every morning, that street, 1080 South, is a thoroughfare.   The same thing happens between 4:30 and 6:00 every night. 

Craig Harmon:  Mr. Harmon said he was the first one to live in this area.  They had no neighbors.  He is worried about traffic, congestion, and noise.  There are so many young families in this neighborhood and lots of little kids.  This is a whole lot of development in not a whole lot space.  He is concerned for safety.  The kids in the neighborhood run all over the streets, riding their scooters everywhere.  Adding that much traffic to 1080 South is not a good idea.  In his opinion this creates a major safety issue. 

There being no further public comments, the public hearing closed at 6:29 p.m.

            E.   6:30 p.m.  Public hearing to receive comments concerning a request to rezone the property located north of KFC/Taco Bell (parcel 1-7-89) from the CG (General Commercial) to RM-24 (Multi-Family Residential). 

The following comments were received from the public:

Mark Hatch:  Mr. Hatch said when he first built here, this property was farm land.   Why do they want to put apartments right there?  There are all of the duplexes and condos by the rotary park.  Why does it have to be right here at this location?   

JJ Lund and Arlie Green:   JJ Lund and Arlie Green were present and are the developers.  Mr. Lund grew up in Richfield.  He has a lot of family here.  For the past five years, he has been hearing about housing issues here.  He has done a lot of construction up north and in seven different states.  These are affordable housing projects.  They are nice.  They establish a really good-looking product.  He has a nephew here who hasn’t been able to find a place to live for over a year.  He has had to live with his grandmother.  Mr. Lund knows there is a need here and the need is now.  They chose this property because it is what is available.  This property meets their criteria.  It will be a 13-million-dollar project.  This will be a great product and will be built quickly.  Mr. Green said the majority of these units will be rented for $700 to $1000 per unit.  These units will not be sold separately. 

Mark Hatch.  Mark Hatch comments that may be true as far as the cost of rent, but then they will get subsidized.  It seems like some of these types of housing are run really well, but some aren’t.  Somehow the people who you are trying to say won’t get into them, get in them. That is what he doesn’t want in his neighborhood.  Mr. Lund responded that they will have a professional management company manage it for them.  They will do the best they can.  Obviously, their hands are tied to a certain point.

Mr. Hatch said he knows of some property going up for sale that is east of Wal-Mart that will be coming available.  He just doesn’t want this next to his house.  He believes this is prime commercial property because of its proximity to the freeway. 

Ryan Harris:  Mr. Harris questions taking away a commercially-zoned property rather than putting this in a residential zone.  He feels like keeping the property commercial will help keep his taxes low.  A residential zone will drive his property taxes up.  He also does not believe College Avenue can handle the extra traffic of all of these apartments.  Anytime there is a ballgame or activity at the college, College Avenue is the first street to get clogged. 

Commissioner Landon Larsen:  Mr. Larsen pointed out that there has previously been discussion about changing this property to multi-family residential.  It was felt this would be a good buffer between single-family residential and commercial zones. 

Arlie Green:  Mr. Green stated that the Master Transportation Plan shows a road on the south side of this property.  They know that they will have to put in that road.  It will work well with their plan, and help the City out as well. 

The public hearing closed at 6:40 p.m. 

            F.   6:41 p.m.  A public hearing was held to receive comments concerning a request to rezone the property located at approximately 1000 West Center from the F-1 (Forestry) to R1-10 (Single Family Residence) zone.   This property is located on the west side of the freeway.  They will have to punch under the freeway for sewer and probably natural gas.  Water is available north of the property.   There were no public comments. 

The public hearing closed at 6:43. 

3.         Business License/Conditional Use Permits

            A.         Consider approving a Conditional Use Permit allowing Kristen Heath to operate a business called Posh Pets at her home at 350 South 100 East (CS zone).  (Correct address is 385 West 650 South, R1-8 zone.)    Kristen Heath was present.  She has been doing business at a property located at 310 South 100 East.  She doesn’t want to continue renting a space, and would like to move the business into her home.  This is a dog grooming business.  She has one employee.  She usually grooms two dogs at a time.  She does not keep the dogs all day.  She works from 9 a.m. to 5 p.m.   Customers pick up the dog when she is finished grooming it.  She does 10 to 12 dogs a day, although she would like to cut down on that number.  The garage is plumbed with water.  She needs to add air conditioning and heat.  She would like to create a private entrance. 

The Commission asked about the disposal of hair.  Mrs. Heath said she has screens because she doesn’t want the clogs.   She does not think her neighbors will have any issue with this business.   Probably about 90% of her neighbors work all day, and she is on good terms with all of them.  Customers will be able to park in her driveway.  Mrs. Heath said she has three garbage cans.  There are no smell issues because 90% of the waste is hair. 

Lisa White motioned to approve a Conditional Use Permit allowing Kristen Heath to operate a business called Posh Pets at her home at 385 West 650 South.  Landon Larsen seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, Josh Peterson, Greg Bean, and Landon Larsen.  Those voting nay:  None. The motion carried unanimously. 

Mrs. Heath was advised that this is a Conditional Use Permit.  She needs to be aware that if complaints are received from the neighborhood about her business, the permit can be reviewed.   She was also told that she needs a building permit for building the door. 

            B.        Consider approving a Conditional Use Permit allowing Juan Bravo to conduct a business called Bravo Holding dba VIP Vapors at 1156 So Hwy 118 CS zone (Commercial Shopping zone).   Juan Brava was present.  He would like to open a high-end tobacco lounge and accessory store at this location.  This is a retail business.  None of the product is consumed inside of the store.  It is an age-restricted facility.  These type of facilities typically have a lounge area where there is seating, tv’s, refreshments, but it is strictly retail.  The refreshments are pre-sealed products.  This requires a specialty license from the State.  He already holds an industrial hemp license.  He does have locations in Payson and Orem.  These businesses have to be 600 feet away from a residence, 600 feet away from another commercial establishment having this kind of permit, 1000 feet from a church or community gathering place, or school.  This location seems to meet all of those requirements. 

This is a C1 use under Retail Business, Community.  He was told that any signage will have to be approved by Building Official Rick Robinson.

Greg Bean motioned to approve a Conditional Use Permit allowing Juan Bravo to conduct a business called Bravo Holding dba VIP Vapors at 1156 S Hwy 118 (CS zone).  Lisa White seconded the motion. Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, Josh Peterson, Greg Bean, and Landon Larsen.  Those voting nay:  None. The motion carried unanimously.

4.         Short-Term Rental

            A.         Consider approving application filed by Kento Properties, allowing a short-term rental at 595 South 200 West (RM-11 zone, C-1 use).   Kendrick Thomas declared a conflict of interest since he is one of the property owners.  Tyler Olsen was also present.  He stated that for the past year they have been renting this unit out on a monthly basis.  They decided they would like to try their hand at a vacation rental.  The property meets the criteria.  It has 3 bedrooms and 2 bathrooms.  There is ample parking with a 2-car garage plus enough space on the driveway for two cars.  This is a corner unit so there is also parking on the south side and in front of the house. 

Lisa White motioned to approve a Conditional Use Permit filed by Kento Properties, allowing a short-term rental at 595 South 200 West (RM-11 zone, C-1 use).  Those voting aye:  Lisa White, Susan Jensen, Blaine Breinholt, Josh Peterson, Greg Bean, and Landon Larsen.  Those voting nay:  None.  Abstaining:  Kendrick Thomas.  The motion carried unanimously.  

5.         Action on Public Hearings

            A.         Consider recommending that the City Council approve an application filed by Paul Everitt requesting a lot split at 410 South 500 West.  (R1-10 zone).  Brayden Gardner represented Paul Everitt.  This lot split complies with zoning.  It will create one lot that is .24 acre and the other lot at .26 acre.  They have reached out to their neighbors and they do not have any concerns with the lot split.  There is an existing home on the one lot.  The vacant lot will accommodate the construction of a single-family home. 

Blaine Breinholt motioned to recommend that the City Council approve an application filed by Paul Everitt requesting a lot split at 410 South 500 West (R1-10 zone).  Landon Larsen seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, Josh Peterson, Greg Bean, and Landon Larsen.  Those voting nay:  None.  The motion carried unanimously.  

            B.         Consider recommending that the City Council approve a request to rezone the       property located at approximately 350 West 1300 South (parcels 1-7a-25, 26, and 116) from CS (Commercial Shopping) to RM-24 (Multi-family Residential).   Greg Gagon was present.  The developers are planning to construct apartments or townhouse/type units.  They have been working on their concept plan.  Josh Peterson wondered where their access points will be.  He has seen a plan showing two accesses onto Cove View and he wondered if they are doing one onto 350 West as well.  Mr. Gagon said they are still in the early stages of planning and have not decided.  When they get their plan together, they will turn in their application for DRC review, and then back to Planning Commission and City Council for approval. 

Lisa White motioned to recommend that the City Council rezone the property located at approximately 350 West 1300 South from the CS (Commercial Shopping) to RM-24 (multi-family residential).   Blaine Breinholt seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, Josh Peterson, Greg Bean, and Landon Larsen.  Those voting nay:  None.  The motion carried unanimously.  

            C.         Consider recommending that the City Council approve a request to rezone the property located at 75 West 1500 South from the RM-11 zone to the RM-24 zone.  The proposal for this property is to ultimately construct flat-type apartments, likely a stacked 3-story.  The property is owned by Smith’s Meats and they intend to build these apartments so that their employees will have housing.  Landon Larsen expressed his opinion that this is a good location because it is located next to commercial property.  The property was annexed as an RM-11, but now they are requesting a zone of RM-24.

Blaine Breinholt motioned to recommend that the City Council approve a request to rezone the property located at 74 West 1500 South from the RM-11 zone to the RM-24 zone.  Susan Jensen seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, Josh Peterson, Greg Bean, and Landon Larsen.  Those voting nay:  None.  The motion carried unanimously.   

            D.         Consider recommending that the City Council approve a request to rezone the property located at 1080 South between 900 and 1000 West from the R1-8 to the RM-11 zone.  Tyler Olsen was present.  Kendrick Thomas declared a conflict of interest.    

Lisa White wanted to go on the record saying that a mixed residential neighborhood use is not a bad thing.  Just because it’s in your neighborhood, does not mean it’s bad.  All apartments should not be in one place throughout the City because of the impact a lot of apartments can have if it is all congregated in one area. 

Regarding the street improvements they will be required to put in, they will want to continue the road width to match the road coming from the east.  1080 South is shown as a major collector on the Master Transportation Plan.  Brayden Gardner expressed his opinion that the road needs to continue to College Avenue.  He asked if the developers plan on doing that.   As he stated in the public hearing above, when he helped to develop Poulson Estates which is east of this property, it was a requirement for them that the road had to connect with College Avenue.  They did not develop these properties because they couldn’t make it work with the other property owners between this property and College Avenue, and the City wouldn’t let them develop without the road.  Kendrick Thomas pointed out that this property is next to an RM-11 property which is to the northwest.  From a planning perspective, it seemed like an RM-11 at this property would be somewhat cohesive.    

Landon Larsen said he is ok with the idea of a zone change, but he can see that a lot of the concern with the project is the traffic and that the road needs to be tied to College Avenue.  He believes that is a hurdle that will need to be figured out when the development plan is reviewed. 

Greg Bean motioned to recommend that the City City Council approve a request to rezone the property located at 1080 South between 900 and 1000 West from the R1-8 zone to the RM-11 zone.  Those voting aye:  Lisa White, Susan Jensen, Blaine Breinholt, Josh Peterson, Greg Bean, and Landon Larsen.  Those voting nay:  None.  Abstained:  Kendrick Thomas.  The motion carried unanimously.   

            E.         Consider recommending that the City Council approve a request to rezone the

property located north of KFC/Taco Bell (parcel 1-7-89) from the CG (General Commercial) to RM-24 (Multi-Family Residential).   Greg Bean asked what the property to the north is zoned.   Most of the property to the north is zoned R1-8.  There is a small piece of property with frontage on College Avenue that will still be in the CS zone.

Lisa White pointed out that the Commission has discussed this property multiple times and it seems it would serve as a good buffer between the single-family residential to a commercial zone.  Some have said it is prime commercial property but it seems that perhaps there would have been some prime commercial requests but there have been none.

On the south side of the property, a street is shown going east and west on the Master Transportation Plan.  Arlie Green provided a very preliminary concept plan which shows them putting in the new street. 

Lisa White motioned to recommend that the City Council approve a request to rezone the property located north of KFC/Taco Bell (parcel 1-7-89) from the CG (General Commercial) to RM-24 (Multi-Family Residential) zone as presented.  Blaine Breinholt seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, Josh Peterson, Greg Bean, and Landon Larsen.  Those voting nay:  None.   The motion carried unanimously.   

            F.         Consider recommending that the City Council approve a request to rezone the property located at approximately 1000 West Center from the F-1 (Forestry) to R1-10 (Single Family Residence) zone.   Richard Chamberlain and Kent Hulet were present.  The property is on the west side of the freeway.  It will be very expensive to get the sewer and water over there.  They have put together a concept plan for a subdivision.  Changing the zone is the first step.  It is intended to be a high-class, single-residential zone.  At the north end of this property, there are some hills, so the desirability of the project is that it gives a view of the valley.  It is almost directly west of the Sevier Valley Center. 

Mr. Hulet said the sewer would come from 300 North, across the canal.  There is power available to a home that is located north of this property.  Gas would come from College Avenue.  Mr. Chamberlain said there is water to the house, but it is only a 1” line and so they would need to put in a 2” line or even larger.

Mr. Chamberlain said some of his children would like to build homes there which would be a pretty good guarantee that the subdivision will be done better than average because they will be living there. 

Blaine Breinholt believes flood control could be an issue here.  Mr. Chamberlain said that his engineer and son-in-law, Kelly Crane, is aware of that.  The portion they are developing will be on high ground. 

There was discussion that perhaps there should be a geotech report, a soils report.  Landon Larsen said when he drove up there, it looks like these lots might not be in an area that would get flooded.

Chairman Thomas reminded the Commission that this is on the agenda for a decision regarding a request to rezone and is not at the stage for approving a subdivision. 

Mr. Chamberlain said he believes soil conditions should be dealt with at the time a home is built. 

They are requesting the R1-10 which has a minimum lot size of 10,000 square feet.  Lisa White wondered why they would want the R1-10 vs. Rural Residential which requires a 1 acre lot.  Mr. Chamberlain said as far as a rural zone, the lots aren’t conducive to animals or corrals. 

Greg Bean wondered if this is what we want to do?  Is the City in a position to accept the consequences of having residential lots on the west side of the freeway.  Mr. Chamberlain asked what would be negative about it?  Greg Bean responded getting utilities there.  He believes that Santaquin has homes in the hill area and the mountain sometimes doesn’t like that and reacts.  He wonders if this opens a pandora’s box.  He isn’t sure if he understands all of the ramifications, but he thinks it looks like a risky spot.

Mr. Chamberlain said the City wouldn’t be taking the risk.   This would be setting a precedence for single family rather than multi-family on the property across the freeway.  Lisa White said there is limited access to the property.  Mr. Chamberlain said there is a frontage road which is accessed from 300 North and 530 South.  The Commission says the access going north from 530 South is very rough.  Mr. Chamberlain said the road would be required to be fixed as development happens to the south.  Mr. Chamberlain said that they would have access from 300 North and would be responsible to put in a decent road because the residents will want a decent access.  The road is somewhat paved but needs a lot of work.

Lisa White thinks the west hills are iconic to Richfield and used for recreation.  She doesn’t like the idea of filling them up with houses.  She is hesitant to start that precedence.  Mr. Chamberlain cautioned that taking the stance that property has to remain open space could make the City subject to inverse condemnation.   A property owner has to be allowed to make a reasonable use of their property.

Greg Bean said he would like to see some of these concerns addressed before a decision is made.  He would like to make a motion that this be tabled pending some discussion concerning flood plains, utilities, and maybe a conceptual plan of how the infrastructure and utilities will go. 

Landon Larsen asked if they are planning on developing more of that property?  He said there is a significant amount of dust and he wonders about complaints from residents because there are other uses going on over there.  Mr. Chamberlain said over time the property across the freeway is all potentially developable.

Greg Bean motioned to table the item until more information is gathered.  Lisa White seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, Josh Peterson, Greg Bean, and Landon Larsen.  Those voting nay:  None.   The motion carried unanimously.   

This will be placed on the agenda for next month.  Mr. Chamberlain was asked to provide a map showing the flood plain and be prepared to discuss some of the infrastructure, earth compaction and moving.  Mr. Bean said that if the City rezones the property so that it can develop, he would like to know that we aren’t buying a can of worms

Landon Larsen said he thinks the City has some responsibility to residents to make sure that the flooding isn’t a problem. Mr. Chamberlain said that would all come at the time of the subdivision and issuance of building permits, not at this stage.  Lisa White wondered why change the zone if it isn’t possible for a subdivision to happen.  Mr. Chamberlain said it does concern him that it sounds like the Commission thinks they could require this to remain open space.  That is dangerous territory. 

Mr. Chamberlain stated the real risk here is running the infrastructure, but it is not a risk for the City.  He explained that this property on the west side of the freeway has always been looked at as prime residential property.  He knows cities gets blamed for any problems, but he also knows that the news people like to portray it as though a city will be responsible.  But they don’t tell the rest of the story which is that a city is not responsible. 

6.         Minutes Approval:

            A.         Consider approving minutes of February 3, 2021, and February 18, 2021.   Josh Peterson said the minutes state that Jaden Gurney had been in contact with UDOT concerning access for his campground.  They should have been in contact with someone in his group at UDOT, but he is not aware of that happening.  That will be something that needs to be followed up.  Blaine Breinholt motioned to approve the minutes of February 3 and February 18, 2021.  Lisa White seconded the motion. 

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

7.         Other Business

            A.         Discussion regarding update of the General Plan and Zoning Code.  (Zoom meeting with University of Utah class.)  The Planning Commission met with Bruce Parker’s University of Utah class via Zoom.  They are assisting in updating the General Plan.  Class members asked questions and discussed ideas with Commission members in order to get a sense of direction updating the General Plan. 

8.        Adjournment.  The meeting adjourned at 9:00 p.m. 

PASSED AND APPROVED on the 7th day of April, 2021.

/s/ Michelle Curtis

Deputy City Recorder