Minutes – 4.5.2023

COUNTY OF SEVIER 

CITY OF RICHFIELD

                                                                                    At the Planning Commission

                                                                                    In and For Said City

                                                                                    April 5, 2023

Minutes of the Richfield City Planning Commission meeting held on Wednesday, April 5, 2023, at 6:00 p.m., Chairman Kendrick Thomas, presiding.

1.      Roll Call

2.       General Plan Discussion

         A.      Discuss other General Plan items.

3.      Public Hearing (6:30 p.m.)

         A.      Zone Change:  Receive comments concerning a proposed amendment to the

                  General Plan and zoning map filed by Chase and Hope Christensen affecting

                  property located at approximately 264 North 600 East.  The proposal is to

                  change the zone from RM-11 (Multi-Family Residential) to RM-24 (Multi-Family

                  Residential).

         B.      Zone Change.  Receive comments concerning a proposed amendment to the

                  General Plan and zoning map filed by Ryan Hales affecting property located at

                  approximately 1080 Cove View Road (parcel no. 1-7A-11).  The proposal is to

                  change the zone from CS (Commercial Shopping) to RM-11 (Multi-Family                              Residential).

         C.      RM-24 Zone Standards.  Receive comments concerning adoption of proposed

                  standards in the RM-24 zone.  The following is proposed:

                  RM-24 projects to be a maximum of 3 acres with a maximum of 60 units.

                  Projects on 1 acre or less to be a distance of no less than ¼ mile (1320) feet.

                  Projects on 1 to 2 acres to be a distance of no less than ½ mile (2640) feet.

                  Projects on 2 to 3 acres to be a distance of no less than ¾ mile (3960 feet).

4.      Action on Public Hearings

         A.      Zone Change.  Consider recommending approval of a proposed amendment to

                  the General Plan and zoning map filed by Chase and Hope Christensen affecting

                  property located at approximately 264 North 600 East.  The proposal is to

                  change the zone from RM-11 (Multi-Family Residential) to RM-24 (Multi-Family

                  Residential). 

         B.      Zone Change.  Consider recommending approval of a proposed amendment to

                  the General Plan and zoning map filed by Ryan Hales affecting property located

                  at approximately 1080 Cove View Road (parcel no. 1-7A-11).  The proposal is to

                  change the zone from CS (Commercial Shopping) to RM-11 (Multi-Family

                  Residential).

         C.      RM-24 Zone Standards.  Receive comments concerning adoption of proposed

                  standards in the RM-24 zone. 

5.      Waiver of Improvements

         A.      Chase and Hope Christensen

                  i.    Street Improvements.  Consider recommending that the City Council

                        waive the requirement for street improvements at the property located at

                        264 North 600 East. 

                  ii.   Masonry Fence.  Consider modifying the requirement for a site-obscuring

                        masonry fence as allowed in Section1620.6 of the Zoning Code. 

6.      Conditional Use Permits/Home Occupation Permits

         A.      Caden Christensen to request a Home Occupation Permit allowing him to

                  conduct a short-term rental, and mobile repair and tool rental business to be

                  located at his home at 482 West 2200 South (R1-10 zone, C-1 use).

         B.      Daphne Duhart to request a Conditional use Permit allowing her to conduct a

                  business called Daphne’s Doggies at 830 South Cove View Road.  This is a dog

                  grooming business.  (CS zone, P2 use).

         C.      Brandon Chadwick to request a Home Occupation Permit allowing him to

                  conduct a lawn-care business called Central Utah Property Services at his home

                  at 660 East 500 North  (R1-10 zone, C-1 use).

7.      Minutes Approval

          A.     Consider approving minutes of March 1, 2023.

8.      Other Business.  

9.       Adjournment

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

City Staff Present:   Deputy City Recorder Michelle Curtis.     

Others present:  Mark Greenwood, Ryan Hales, Scott Coleman, Chase and Hope Christensen, Rhett Rollins, Caden Christensen, Jennafer Jacobson, Brandon Chadwick, Wade Lyons, Marilyn Lyons, Daphne DuHart, Keith Duhart. 

2.      General Plan Discussion

         A.      Discuss General Plan items.  There were no General Plan items to discuss at this meeting.    

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

Chairman Thomas advised the public that the first three items on the agenda are public hearings.  This gives the public an opportunity to make any comments that they would like to about the proposed actions that are listed. 

         A.        6:32 p.m.   Zone Change:  Receive comments concerning a proposed amendment to the General Plan and zoning map filed by Chase and Hope Christensen affecting property located at approximately 264 North 600 East.  The proposal is to change the zone from RM-11 (Multi-Family Residential) to RM-24 (Multi-Family Residential).

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

         B.      6:33 p.m.  Zone Change.  Receive comments concerning a proposed amendment to the General Plan and zoning map filed by Ryan Hales affecting property located at approximately 1080 Cove View Road (parcel no. 1-7A-11).  The proposal is to change the zone from CS (Commercial Shopping) to RM-11 (Multi-Family Residential).

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

         C.      6:34 p.m.  RM-24 Zone Standards.  Receive comments concerning adoption of proposed standards for the RM-24 zone.  The following is proposed:

                  RM-24 projects to be a maximum of 3 acres with a maximum of 60 units.

                  Projects on 1 acre or less to be a distance of no less than ¼ mile (1320) feet.

                  Projects on 1 to 2 acres to be a distance of no less than ½ mile (2640) feet.

                  Projects on 2 to 3 acres to be a distance of no less than ¾ mile (3960 feet).

These would be measured from closest property lines between projects zoned RM-24. 

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

4.      Action on Public Hearing

         A.      Zone Change.  Consider recommending approval of a proposed amendment to the General Plan and zoning map filed by Chase and Hope Christensen affecting property located at approximately 264 North 600 East.  The proposal is to change the zone from RM-11 (Multi-Family Residential) to RM-24 (Multi-Family Residential). 

Chase and Hope Christensen were present.  Mr. Christensen said one year ago they had this property rezoned to RM-11.  The wanted to build a duplex and live in one side and rent out the other side.  At that time, interest rates were favorable but now that interest rates have gone up, it doesn’t make sense.  They have talked with different builders and have been told it would be easy to do a duplex with an empty basement and then finish the basements to make it into a 4-plex.   After running the numbers, it makes sense to do a 4-plex but not a duplex. 

The lot is 1/3rd of an acre.  Josh Peterson pointed out that the Commission has talked about the RM-24 zones and this project in the last couple of meetings.   A few meetings ago, the Commission was leaning towards not allowing these type of developments on properties under ½ acre, but after last month’s discussion, the Commission felt like it makes sense to allow this type of development on some of these types of parcels throughout the City.  This parcel will only accommodate two apartment units in the RM-11 zone. 

As discussed in item 3C above, the Commission is proposing that an RM-24 zone of this size would be located no closer than ¼ mile to another RM-24 zone.  There are no RM-24 properties located anywhere near this property. 

Josh Peterson motioned to recommend that the City Council approve Chase and Hope Christensen’s application for a zone change from RM 11 to RM-24 for the property located at 264 North 600 East.  Zach Leavitt seconded the motion.  Those voting aye:  Kendrick Thomas, Zach Leavitt, Josh Peterson, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.

         B.      Zone Change.  Consider recommending approval of a proposed amendment to the General Plan and zoning map filed by Ryan Hales affecting property located at approximately 1080 Cove View Road (parcel no. 1-7A-11).  The proposal is to change the zone from CS (commercial shopping) to RM-11 (multi-family residential.)

Ryan Hales and Mark Greenwood were present.  Mr. Greenwood said they live in Utah County.  He has been an engineer for 30+ years.  Mr. Hales has worked with him for years building LDS church buildings.  Mr. Hales purchased this property and are not quite sure exactly what type of unit they want to put on it, whether it be townhomes or duplexes.  But it will be a multi-family type use. They would like to test the market and see what type of units would do best here.   

They have talked with Public Works Supervisor Keith Mogan to see what improvements will be required. 

Mr. Greenwood said they would like to do something that promotes the area and asked if there are things the City would like to see or avoid.  Josh Peterson said he believes they would want to avoid anything that is high density or subsidized housing situations.  Those seem to be cause the most boisterous meetings.  His opinion is that twin homes or starter homes would be desirable.

Chairman Thomas aid there isn’t a lot of vacant Commercial Shopping land left and he wonders if the City would want to give up this Commercial Shopping zone for Multi-Ramily Residential.  Zach Leavitt said this property is kind of off the beaten path and it makes sense to put more housing there rather than try to get people to come there to shop.   

Blaine Breinholt motioned to recommend that the City Council approve a zone change for the property located at approximately 1080 Cove View road (parcel no. 1-7A-11) from CS to RM-11.  Josh Peterson seconded the motion.  Those voting aye:  Kendrick Thomas, Zach Leavitt, Josh Peterson, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.

         C.      RM-24 Zone Standards.  Receive comments concerning adoption of proposed standards in the RM-24 zone. 

Josh Peterson motioned to recommend that the City Council adopt the proposed standards for the RM-24 zone as set out in item 3C above.  Blaine Breinholt seconded the motion.   Those voting aye:  Kendrick Thomas, Zach Leavitt, Josh Peterson, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously.

5.      Waiver of Improvements

         A.      Chase and Hope Christensen

                  i.    Street Improvements.  Consider recommending that the City Council waive the requirement for street improvements at the property located at 264 North 600 East. 

Chase Christensen said Jeff Brown owns the property north of this lot.  He has talked with Mr. Brown, and Mr. Brown does not plan to do anything with the property.  Mr. Brown said they can do whatever they want with the trees.  They also talked with White’s Meat Packing which is located south of the property.  They are an established business and they have no plans to do curb and gutter.  Mr. Christensen feels like it doesn’t make sense for them to put street improvements in the middle of a block.  At At the very least, they would like to have a time line where they could get their apartments built and stabilized and then work on the street improvements.  They could then use the proceeds from rental properties. 

Blaine Breinholt feels strongly that they need to put in the street improvements.   Chairman Thomas agrees.  Chairman Thomas knows that there are concerns that it doesn’t make sense in the middle of a block because of drainage concerns.  He said there can be a swale or something so that the water naturally passes through.  Blaine Breinholt said the City eventually want curb, gutter, sidewalk through the whole town and this is how we get it.  Mr. Christensen said he understands the purpose but he hopes they could wait they are stable with the rentals and would have the ability to do it later.   He’s not asking that it be completely waived, but perhaps a time-frame of two years so that they could use the profits they get from the project.  It would be less of an up-front expense for them.     

Chairman Thomas said he did a project a few years ago and he asked for the same leniency.  He is glad now that they required him to put in the improvements. 

Michelle Curtis said the City has recently started entering into  Development Agreements with developers which addresses a developer’s responsibilities.  The recent ones that have been entered into ave required that improvements will be done within a certain amount of time or when the property next to them develops, whichever is less. 

Blaine Breinholt said the City has nobody to enforce it and then the improvements just don’t happen.  Chairman Thomas said it is hard to allow improvements to be delayed  because the motivation is gone for a developer to go ahead and put them in.   

Josh Peterson said he would like to see consistency.  The City needs to be consistent with everyone. Sometimes improvements are waived and sometimes they are not.

Josh Peterson motioned to recommend approval for the Waiver of Improvements being based upon consistency with whatever was recently approved for the Donavan Allen 4-plex.  Blaine Breinholt seconded the motion.  Those voting aye:  Kendrick Thomas, Zach Leavitt, Josh Peterson, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously

                  ii.   Masonry Fence.  Consider modifying the requirement for a site-obscuring masonry fence as allowed in Section 1620.6 of the Zoning Code.    

Michelle Curtis stated that Section 1620.6 allows the Planning Commission to modify the requirements for a masonry fence if the proposed fence provides an adequate buffer to the adjoining residential zone.   

Mr. Christensen said they do plan on doing a fence.  They would like to do a wood fence.  They got a quote for a block fence and it was $40,000.  A wood fence would be more cost-effective for them.  If the idea for the fence is site-obstruction, then a wood fence would accomplish that.   

The property on either side of the property is zoned CS (commercial). 

Chairman Thomas points out that when the Six County Association of Governments came in for their building, they were allowed to do a vinyl fence next to residential areas.  In hindsight, he thinks they should have been required to do a block wall because they were putting a commercial use next to an existing residential.  The residential area should have been better shielded.  However, this case is the opposite where they are putting in residential next to commercial. 

The Code was read as follows: 

         Section 1620.5.1.2.  Residential developments having a common lot line with property

         used for Commercial . . . purposes shall require the construction of a sight-obscuring

         masonry fence with a minimum height of six (6) feet measuring from the residential

         side.

         Section 1620.6  For fences required in sections 5.1 and 5.2, the Planning Commission

         may modify the height of the fence and/or approve a fence constructed of materials

         other than masonry if it makes the following findings:

                  6.1  The proposed fence provides an adequate buffer for the adjoining residential

                         zone.

                  6.2  The appearance of the fence will not detract from uses in the residential zone.

                  6.3 The proposed fence will shield the residential use from noise, storage, traffic,

                          or any other  characteristics of commercial or professional office uses that are

                          incompatible with residential uses. 

Josh Peterson said noise could be an issue and masonry would block noise better.  Chairman Thomas said the problem he sees with a wood fence is that it is not solid.  There might be different materials would last longer and be a better noise blocker.  Mr. Christensen said wood was their first thought, but they wouldn’t be opposed to doing vinyl.   

Blaine Breinholt made a motion to deny the request for a modification in fence materials to be used at 264 North 600 East.  A masonry fence is required as provided for in Section 1620.5.1.2 in the Zoning Code.  Josh Peterson seconded the motion.  Those voting aye:   Kendrick Thomas, Zach Leavitt, Josh Peterson, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously

 6.     Conditional Use Permits/Home Occupation Permits

         A.      Caden Christensen to request a Home Occupation Permit allowing him to conduct a short-term rental, and mobile repair and tool rental business to be located at his home at 482 West 2200 South (R1-10 zone, C-1 use).

Caden Christensen was present.  He would like to be able to rent out bedrooms to use as short-term rentals.  He would also like to do mobile repairs and a tool rental business.    

Josh Peterson advised that there is a requirement for one off-street parking space for each bedroom used as a short-term rental, as well as two off-street parking spaces for the home.  Mr. Christensen said he has plenty of room for cars to park. 

Mr. Christensen said guests can access the bedrooms from a door at the side of the home with a keyless entry.  There are three upstairs bedrooms that he doesn’t use.  The home has one kitchen which he might let them use as well. 

As far as equipment rental, he would like to rent out his excavation equipment and also repair that type of equipment.  He has applied for an LLC.  He anticipates renting out his backhoe, truck, and trailer.  He does not plan on buying a bunch of equipment to put there. 

The property is .89 acre. 

A condition would be that the equipment is stored in the back away from street view of homes and neighbors.  Hours of operation he believes will be typical business hours of 8 a.m. to 6 p.m.  He was told there can be no more than four pieces of equipment at the property.  Equipment cannot be parked on the street. 

Mr. Christensen was told that this is Conditional Use Permit and so these conditions have to be kept.  If complaints are received, it can be reviewed.  It will have to be kept in an orderly manner. 

Conditions hours of operation, storage to be behind, yearly business license, 4 pieces of equipment. 

Blaine Breinholt motioned to approve a Home Occupation Permit at 482 West 2200 South allowing Caden Christensen to conduct a short-term rental business and a mobile repair business/equipment rental with the conditions of providing one off-street parking space for each bedroom rented out; no more than four pieces of equipment to be parked in the rear of the home; hours of operation from 8 a.m. to 6 p.m.; and a business license.  If complaints are received, the Conditional Use Permit can be reviewed.  Zach Leavitt seconded the motion.  Those voting aye:   Kendrick Thomas, Zach Leavitt, Josh Peterson, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously

         B.      Daphne Duhart to request a Conditional use Permit allowing her to conduct a business called Daphne’s Doggies at 840 South Cove View Road.  This is a dog grooming business.  (CS zone, P2 use).

Daphne, Keith, and Serenity Duhart were present.  Mrs. Duhart said she has operated this business at their home on Ogden Drive since 2014.  The business has grown so that they would like a location in a commercial zone.  They have received permission to rent the building located at 840 South Cove View Road.  They want to expand the business and hire employees.

Their hours are currently 8 a.m. to 5 p.m.  They may end up having later afternoon hours for dog training in the afternoon to evening.  There would be nothing past 8 p.m.   There will be no overnight boarding of dogs.    

As far as disposal of dog hair, it is swept up, cleaned up, and goes into a trash can or sack.  They will spray down the shop area with a disinfecting solution that hooks to their hose.  They do have screens that go into the tub drains and pull out, and also extra measures for hair catchers that drop down into the regular tub.  What they currently have is a drain system where they can unscrew the pea trap where there is a filter.  There are several avenues they can take to prevent the hair clippings from being a problem. 

Blaine Breinholt motioned to approve a Conditional Use Permit allowing Daphne Duhart to conduct a business called Daphne’s Doggies to be located at 840 South Cove View Road with the condition that Keith Mogan or Jason Mackelprang inspect the premises to ensure drains and disposal of hair is adequate.  Josh Peterson seconded the motion.  Those voting aye:   Kendrick Thomas, Zach Leavitt, Josh Peterson, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously

         C.      Brandon Chadwick to request a Home Occupation permit allowing him to conduct a lawn-care business called Central Utah Property Services at his home at 660 East 500 North (R1-10 zone, C-1 use).   

Brandon Chadwick and Chad Lyons were present.  Mr. Chadwick would like to do lawn care and property maintenance.  He has a building permit for a shed to be built behind his home where he will store the equipment.  The equipment will not be visible from the street.      

He will have riding mower, riding aerator, a push mower, a push aerator, a pressure washing machine, and a trailer for hand tools.  He hopes to be able to hire a few people.  He will take the grass clippings to Lance Sudweeks to dump on his farm property in Annabella.   Any employees will be able to park in the back of his property.   

Josh Peterson motioned to approve a Home Occupation Permit allowing Brandon Chadwick to conduct a lawn care business called Central Utah Property Services at his home at 660 East 500 North with the condition that equipment will be stored in a shed in the back of the property, employees to park in the back, grass clippings to be taken care of off-site.  Blaine Breinholt seconded the motion.   Those voting aye:   Kendrick Thomas, Zach Leavitt, Josh Peterson, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously

7.      Minutes Approval.

         A.      Consider approving minutes of March 1, 2023.  The minutes were not ready for review.  The minutes were not available for review.  Blaine Breinholt motioned to table this matter.  Zach Leavitt seconded the motion.  Those voting aye:   Kendrick Thomas, Zach Leavitt, Josh Peterson, and Blaine Breinholt.  Those voting nay:  None.  The motion carried unanimously

8.      Other Business.  

There was no other business.

9.      Adjournment.  Josh Peterson motioned to adjourn the meeting.  Zach Leavitt seconded the motion.  Those voting aye:  Kendrick Thomas, Zach Leavitt, Josh Peterson, Blaine Breinholt.  Those voting nay:   None.  The motion carried unanimously.   The meeting adjourned at 7:37 p.m. 

PASSED AND APPROVED on the 3rd day of May, 2023.

/s/ Michelle Curtis

         Deputy City Recorder