Minutes – 5.04.22

COUNTY OF SEVIER   

CITY OF RICHFIELD

                                                                                    At the Planning Commission

                                                                                    In and For Said City 

                                                                                    May 4, 2022

            Minutes of the Richfield City Planning Commission meeting held on Wednesday, May 4, 2022, at 6:00 p.m., Chairman Kendrick Thomas, presiding.

1.         Roll Call

2.         General Plan Discussion   

            A.         Setbacks in residential zones.

            B.         Discuss Casitas.

            C.         Landscaping requirements (i.e. water and landscape restrictions).

3.         6:30 p.m.  Public Hearings

            A.         Receive comments concerning a subdivision application (lot split) to be

                        known as Triple J Subdivision.  The proposal is to divide the property into

                        two parcels, said property being parcel no. 4-29-3- and located west of

                        Home Depot.  The north parcel will be zoned CG (General Commercial) and

                        the south parcel to be zoned MR-24 (Multi-family residential).  

            B.         Receive comments concerning a subdivision application (lot split) filed by the  Good Shepherd Lutheran

Church.  The proposal is to divide the property into

                        two parcels, said property being located at 1310 West 1800 South. 

            C.         Receive comments concerning a proposed amendment to the Zoning Map

                        filed by Jacob Black and affecting property located at approximately 1000

                        North 300  West (parcel no. 1-1-11).  The proposal is to change the zone

                        from R1-10  (Single-family residential) to RM-11 (Multi-family residential.)

            D.         Receive comments concerning a proposed amendment to the Zoning Map

                        filed by Bryan Nay and affecting property located at approximately 1000

                        North 500  West (parcel no. 1-1-10).  The proposal is to change the zone

                        form R1-10  (Single-family residential) to RM-11 (Multi-family residential.)

4.         Action on Public Hearing

            A.         Consider recommending approval of a subdivision application (lot split) to be                     known as Triple J Subdivision.  The proposal is to divide the property into

                        two parcels, said property being parcel no. 4-29-3- and located west of

                        Home Depot.   The  north parcel will be zoned CG (General Commercial) and

                        the south parcel to  be zoned MR-24 (Multi-family residential).  

            B.         Consider recommending approval of a subdivision application (lot split) filed

                        by  the Good Shepherd Lutheran Church.  The proposal is to divide the

                        property  into two parcels, said property being located at 1310 West 1800

                        South. 

            C.         Consider recommending approval of a proposed amendment to the Zoning

                        Map  filed by Jacob Black and affecting property located at approximately

                        1000 North  300  West (parcel no. 1-1-11).  The proposal is to change the

                        zone from R1-10  (Single-family residential) to RM-11 (Multi-family

                        residential.)

            D.        Consider recommending approval of a proposed amendment to the Zoning

                        Map filed by Bryan Nay and affecting property located at approximately

                        1000 North  500  West (parcel no. 1-1-10).  The proposal is to change the

                        zone form R1-10  (Single-family residential) to RM-11 (Multi-family

                        residential.)

5.         Conditional Use Permits

            A.         Consider approving Brennon Atterton’s request allowing him to operate a

                        short- term rental at 153 West 800 South (CS zone, C-1 use).  

            B.         Eastyn Rupe to request a conditional use permit allowing her to conduct a                         business called One Eyst Salon Et Spa, Inc. at 44 South Main (D zone, P-2

                        use).    

            C.         Brian Waters to request a conditional use permit allowing him to conduct a                       business called Three Kings Landscaping at 360 N 500 East (RM-11 zone, C-1                     use). 

6.         Minutes Approval:

            Consider approving minutes of April 6, 2022, and April 21, 2022.  

7.         Other Business

8.         Adjournment

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

City Staff Present:   Deputy City Recorder Michelle Curtis.     

Others present:  Pat Betar, Joe Betar, Jerry Larsen, Max G. Anderson, Tim Wallace

George Steiger, Vanez Butler, Eastyn Rupe, Keith Waters, Bryan Nay, Richard Chamberlain, Jeff Albrecht, Devone Burton, Jenay Peterson, Jacob Black, Brian Waters.

2.         General Plan Discussion  

            A.  Setbacks in residential zones.   Chairman Thomas stated that this was looked at last month and there was a question as to whether reducing the setbacks would conflict with the clear view diagram.  The proposal is to change front setbacks from 30 feet to 20 feet, with the garage set back 25 feet and a porch to be allowed at 15 feet.  He pointed out that the clear view diagram measures to the back of curb, where the setback is measured from the property line which is behind the sidewalk.  

Michelle Curtis pointed out that currently the Code allows a second street side to be setback 20 feet if there isn’t a driveway. 

Greg Bean asked about requirements for fences, which can only be 3 feet tall for a distance of 30 feet from the property line.  Mr. Bean wonders if we reduce the setback for a building, won’t the ordinance need to be changed for fences as well?  The Code states that a fence can only be 3 feet tall within the required building setback line.  Therefore, fences comply with the setbacks of the home and the ordinance would not need to be changed.  

There was discussion that shorter setbacks should not be allowed on corner lots. 

Chairman Thomas pointed out the reason the Commission was asked to look at this was to allow for higher-density housing.  Changing front set-backs does not accomplish that purpose.  It doesn’t create smaller lots, just larger back yards.  Lisa White said the purpose was also that this was a way to create smaller front yards and more useable space in the rear.  The Mayor was of the opinion that families would probably rather have more of their yard in the back rather than the front.  It is felt that the original reason was to create more space for houses.  The setbacks do not do anything to accomplish creating more space for houses.  The other question is if someone builds a home in the established part of town where there are established 30-foot set-backs, should somebody be allowed to pop one house out further towards the road?  The ordinance does cover that to a certain extent by saying that the setback is 30 feet or the average setback of existing front yards located on the block.  

Michelle Curtis stated that it was her understanding that the Mayor wanted a way for more lots to be created for affordable housing and he wanted smaller zones.  She had pointed out that there are already smaller zones available, but developers have not been requesting to use those zones and she was told that he was also of the opinion that young families don’t want larger front yards to maintain but want smaller yards and would desire more yard in the back.  

Last month there had also been discussion that perhaps smaller setbacks should not be allowed along streets with higher speeds.  It is thought that would be 300 North going east and Main Street.  Chairman Thomas points out that as the City grows and transportation infrastructure grows, there will be busier streets and higher speed streets.  Greg Bean thinks we should wait until the Transportation Plan is complete before we take on the speed issue. 

Chairman Thomas said he feels hesitant to change this, knowing how ingrained the 30-foot setback has been in the community for a long time and how everything looks and feels throughout town and having the extra space for cars to park in driveways.  He is concerned with the lower density zones with larger homes on smaller lots and then pushing those out to the street, and how does that look and feel?  He suggests that perhaps this change should be considered only for the higher density residential zones, R1-6 and R1-8 zones.  

Lisa White and Susan Jensen both believe that homes being pushed closer to the street make a cozier community feel rather than large front yards with formal entry-ways into the homes.    

Michelle Curtis will do a few different drafts reflecting Chairman Thomas’ comments and also one that allows these shorter setbacks for all lots.  The shorter set-backs will not be allowed on corners.  

            B.         Discuss Casitas.  A draft of a proposed ordinance for casitas was discussed.  The Commission likes the following definition for casita:  

            “Guesthouse or Casita:  A secondary detached dwelling unit with or

            without kitchen  facilities, located on a lot with a main dwelling unit, and

            which is:  (A) used for housing of guests without compensation, and (B)

            not rented leased or sold separately from the rental, lease or sale of the

            main dwelling unit on the  lot and encumbered by a recorded agreement

            which provides notice  of these conditions.”  

Rather than allowing this only in certain zones, the Commission would like these to be allowed on any lot that is larger than 10,000 square feet.    

In discussing item 5, the discussion centered around whether or not a casita could be built prior to construction of the main home, if it can be approved concurrently, and if a certificate of occupancy has to be issued for the primary dwelling prior to the casita being used.   Should a person be allowed to live in a casita while they build their primary residence?  The minimum width of a primary residence is 24 feet.  A casita might be smaller than 24 feet wide.  If they decided not to build the primary residence and stay in the casita, then the casita might not meet the minimum width required for a primary residence.  

This will be discussed next month.  

            c.         Landscaping requirements (i.e. water and landscape restrictions).   Lisa White thinks landscape restrictions and maximum watering area needs to be discussed.  She wonders about tiered rate water structures.  The City does have a tiered water rate structure, but she thinks it should be more drastic to encourage water conservation.    Currently the base rate is $21 up to 4000 gallons, 400010,000 is $.60/gallon, 10,000-2000 is $.70/gallon, 20,000 to 40,000 is $.80/gallon, over 40,000 is $.90 per gallon.  Mrs. White feels like this is minimally tiered and doesn’t stop some people from excessively watering their giant yards.  As far as tiered water rates, the Council would have to decide this, but the Commission could make a recommendation.  

3.         Public Hearing:  

Chairman Thomas stated that anyone wishing to make comments should come to the table, state their name, and provide their comment.  

            A.  (6:34 pm.)  Receive comments concerning a subdivision application (lot split) to be known as Triple J Subdivision.  The proposal is to divide the property into two parcels, said property being parcel no. 4-29-3- and located west of Home Depot.  The north parcel will be zoned CG (General Commercial) and the south parcel to be zoned MR-24 (Multi-family residential).  

The public hearing was opened to receive public comments.  There were no comments.  The public hearing closed at 6:35 p.m.  

            B.  (6:35 p.m.)  Receive comments concerning a subdivision application (lot split) filed by the Good Shepherd Lutheran Church.  The proposal is to divide the property into two parcels, said property being located at 1310 West 1800 South. 

The public hearing was opened to receive public comments.  Jerry Larsen asked what do they want to do with the property?  Tim Wallace said the church would like to sell the second lot because they don’t use the whole property.  This is a lot of property for them to take care of and they have limited funds.  It will be a flag lot.  They are leaving a 40-foot easement to the back lot.  The public hearing closed at 6:37 p.m.

            C.  (6:37 p.m.)   Receive comments concerning a proposed amendment to the Zoning

Map filed by Jacob Black and affecting property located at approximately 1000 North 300 West (parcel no. 1-1-11).  The proposal is to change the zone form R1-10 (Single-family residential) to RM-11 (Multi-family residential.)

The public hearing was opened to receive comments.  Following are comments from the public:

Joe Betar:  Mr. Betar lives in the last house on 300 West going north.  He is concerned that 300 West is the only way to get in or out of the property.  This is a safety issue.  He also believes that flood water is a problem.  The dirt is capable of absorbing a fair amount of rain, but with any significant rain, it floods down that street and goes into the yards of Betars, Andersons, and Butlers.  A subdivision on this property would increase the amount of water that goes down that road.  

Mr. Betar feels like this could be a project somewhat similar to the Centennial Park debacle where a developer came in at the time of a real estate boom and then was unable to complete the project properly before the market changed and left the City with an enormous eyesore in his opinion.

If these items could be addressed properly, he would be good with the project, but the safety of traffic is a difficult one to solve.  Predicting the future is difficult to do.  

Max Anderson:  Mr. Anderson asked how many units are they planning?

Keith Waters:  Mr. Waters asked that the developer address the audience about the details of his project so that they know what he is proposing.  

Jacob Black:  Mr. Black is the developer.  He believes he has a way to address their concerns.  The RM-11 has constraints 

They are requesting the RM-11 zone for now.  The property does have several constraints.  The property is surrounded 75% by public facilities which stunts the value of its current zone and makes it a good spot for higher density starter homes.   With home prices at an all-time high and interest rates going up, there is a need for affordable housing.  They are trying to meet the need with this requested zone.  By having the flexibility of the RM-11 zone, they can provide a variety of products.  They have a concept and some ideas, but it isn’t in concrete.  They need to tie down the zone before they can tie down the project.  They are looking at a variety of options with condos and townhomes.  The goal is to provide that range of affordable housing.    

The property is 10 acres.  The north portion cannot be developed.  They can only develop about 7 acres because of the flood zone and a drainage ditch that crosses on the northly side.  They would be developing 7 acres although if the property were rezoned, they could use the entire 10 acres in the calculation of allowed units which would be close to 100 units.  

He addressed the International Fire Code Section D107 and D106.  He has done a lot of research into that.  The IFC limits the number of single-family homes to 30 or less with a single access road.  Because there are 19 existing homes on that single access, that would leave them with 11.  However, the IFC allows up to 100 multi-family units to be constructed on a single access.  They plan to construct less than 100 multi-family units which would comply with both codes.  There is no way to get another access into there.  All they can do is follow the fire code.  

Joe Betar wondered if the City is governed by the fire code.  Chairman Thomas said the fire code is one of the codes that the City has adopted.  It seems like there is a conflict in the fire code.    

Richard Chamberlain said the fire code defies logic and makes no sense. 

Chairman Thomas advised that it has to do with fire fighting capabilities and not necessarily traffic.  Mr. Black said it has to do with distance.  With the multifamily housing they can bring the housing units closer together so that there is a shorter distance.

Joe Betar:  He feels like this is a misuse of the fire code.  

Chairman Thomas called the meeting back to order so that Mr. Black could finish his presentation.  

Jacob Black:  Mr. Black said he did look at the property as a single-family property with 25 lots and they could have only done 11 homes according to the fire code and so they looked at avenues that were available to allow development.   He said 300 West is 66 feet side and is designated as a collector street which allows for a higher volume of traffic.  They are not requesting approval of a concept plan, but working on changing the zone and then they will pursue development plans.  

The present concept is for 80 or 90 units.  They would plan on town homes being located closer to the existing R1-10 zone and also green space and additional parking space for guests.  They have added park amenities.  They aren’t going to dive in with exact numbers until they have a zone change.

Max Anderson:  Mr. Anderson said the draft concept looks nice.  However, at 8:00 in the morning and 3:30 in the afternoon, drive up 300 West and see how many children are on the sidewalks.    Drive by Pahvant Elementary and see the two blocks of cars lined up one after another.  He is worried about a child being hit.  This is a bottleneck.   Traffic is so dense.  If there were 75, 80, 90 units allowed, then how many cars will that bring.  He doesn’t want the cars, but ultimately safety is the factor.  How many additional kids will this development bring?  He thinks at least 40 to 50% of the units will have children.  

Scott Hyatt:  Mr. Hyatt was not able to be present but Mr. Anderson read a letter that was written by Mr. Hyatt.  Mr. Hyatt is opposed to this development.  A major reason they chose to buy their home was because it was a quiet neighborhood.  With a dead-end street and the flood basin to the north, they felt that would never change.  There must be consideration given to keeping zoning in place when people have made a huge purchase and based their decision on zoning ordinances that are in place.  The neighborhood is a nice, well-kept place and single-resident family homes need to be built there in order to fit.  

However, a more compelling reason is safety.  This is the wrong place for this development. Public safety has to trump all other reasons for consideration of any development.  300 West is a dead-end road.  Having this small street be the only access in and out of a high-density housing development, it is not right nor is it safe.  There must be at least two or three other access points for emergency vehicles.  This road is not sufficient going into a high-density housing area.  

Mr. Hyatt said he does not know this individual who is requesting the zoning change so this is not personal.  Richfield does need more housing; however, the development needs to be done in the right place.  The end of a small dead-end road is not the right place.  

Max Anderson:  Mr. Anderson also wonders how many years it will take to build this and how many construction vehicles that tie up this street and be going back and forth. 

Richard Chamberlain:   Mr. Chamberlain is here because his grandchildren live on the corner of 300 West and Willowbrook Drive.  His grandchildren have a sloped driveway and the three little boys zoom down that on their bikes.  He thinks it is a safety concern.  He believes the fire code regulations are illogical.   This development will impact him as well.  He lives on Westview Drive and people turn down his street during school times because they don’t want to go on 300 West by Pahvant Elementary because it is so busy.  A lot of traffic goes west on Westview Drive and then south on Upland Drive.   

In representing other cities as an attorney, he knows that zone changes can be very controversial.  Neighborhoods change and at that point it might be justification for a change in zoning, i.e. older neighborhoods where people start to rent their basements, and maybe the homes become rentals.  The character of the neighborhood had changed.  The character of this neighborhood has not changed and every home in this area is a single-family residential unit that is owned by its occupant.   People get upset when you make changes like this. People can’t just sell their house and move.  This is the largest investment they have ever made.  He wanted to live in this area because of the nature of the development.  He had certain expectations that the character of the neighborhood would not be significantly altered.  

Jerry Larsen:  Mr. Larsen said his points have been covered.  He feels like the current zoning should remain single residential.  It was originally zoned as such for valid reasons such as location etc.  The zone should not be changed just so a developer can make money.  When they purchased their property, it appeared to be a good area of town with acceptable zoning and nice homes.  It was a quiet neighborhood with little traffic.  The zoning change and condos would change everything the neighborhood had going for it when they purchased their property including decreasing the value of his property.  Access to that area is on 300 West.  

The proposed area sits in a flood zone.  He has seen some dandy floods come out of those canyons, although not so much lately.  With more parking lots and streets, there is greater danger of flood water coming down the streets into the existing neighborhood.  The property in question is sits before the flood basin.  Even though Cottonwood Canyon drainage area is fairly low, in a flood that can change in a hurry and you can get a big stream going down the other direction.  

Mostly, Richfield already has many condos and apartments, a lot of low-income, government-assisted housing.  Many other condo units have been approved or are in the building stage at the present time.  Soon we will be known as the condo and government-assisted living city.  Perhaps we should encourage landlords and home owners to rent out more exiting houses, instead of building so any new condos and apartments.  

Please don’t ruin our neighborhood by changing the adjoining zoning.  There needs to be some areas of town that just have houses, not condos or apartments.  

Devone Burton:   Mr. Burton lives on 300 West.  He believes this will cause a significant increase in traffic in this area.  He moved there with the expectation of the area being single-family homes.  He looked at purchasing in a different area, but they stayed here because they felt like it would be safer with their two adopted kids.  The kids riding into the street and getting hit could be his kids.   The construction will be long for multi-family homes.  There will be a lot of construction vehicles on the street with those kids.  Again, the school traffic is significant.  He has stopped while toddlers are riding across the street.  High speed is an issue.  That already happens without the high-density development.  He feels like the fire code is being used to justify more units.  Regarding the IFC, the reason it allows multi-family units to have a higher number with only one access is because a fire department can get to a large single building quicker.  

Keith Waters:  Mr. Waters said he was the third home to build a house on Willowbrook Drive.  They tried to buy the subject property from UDOT and they wouldn’t sell it.  They have had their back yard and house flooded twice when there were large storms.  It is difficult to drive through the street by the condos at Centennial Park.  He does not want to see that again.  He has worried that someday there would be housing there, but it is zoned for single family and he doesn’t think it is suitable for high density.   He looked at bidding on this property.  He believes with the limitations that are on the property, you could only build on 7 acres, not 10.  We shouldn’t shove 10 acres of density onto 7 acres of property.  

Jacob Black:  Mr. Black said these comments are all valid.  Access and the fire code were their biggest worry to start with.  They are not trying to use the fire code to their advantage and to twist what they can do.  Fire was a worry for them.  They talked with fire marshals and this is how they found they could address it.

Mr. Black said as far as flooding they will have curb and lawn that will help to detain the water.  They have had the property geo-teched and will have a retention basin.  The drainage can be captured and percolate through the soil.  They will not be able to do basements because of the flood plain.  

As far as the letter that was read stating that this isn’t a good area for this but it belongs somewhere.  Mr. Black said this location with the freeway on one side and the detention basin on the other side, it is not a great spot for your forever home, but it could be a good spot for a starter home.   Everyone knows this housing is needed and wanted, but nobody wants it next to them.  He feels like this is great place for this.  They feel the flexibility of RM-11 and affordable housing make it feasible.  

Pat Betar:  Pat Betar asked if Mr. Black lives here.  He does not.  She lives on the very end of that street and they don’t get any traffic.  If he lived there and it was his retirement home and he had plans to stay there forever, would he want all of that traffic for his kids and his home.  She would encourage her own kids to buy a lot here and build a single-family home, but 100 homes are not what they need in that area.  There is a need for development in the community where people can build homes, but not 100 homes in that spot.  

There being no other public comments, the public hearing closed at 7:28 p.m.

            D.         Receive comments concerning a proposed amendment to the Zoning Map filed by Bryan Nay and affecting property located at approximately 1000 North 500 West (parcel no. 11-10).  The proposal is to change the zone form R1-10 (Single-family residential) to RM-11

(Multi-family residential.)

This property is small parcel that is immediately west of the property discussed above.  Bryan Nay said he doesn’t necessarily want 100 units in this neighborhood.  This parcel abuts the back of his residential property and he would work with the developers so that he has access to the parcel and can use his property.   It is comprised of .78 acre.   

Joe Betar:   Mr. Betar said that all of the objections raised on the previous item would apply to this as well.  He feels like this is combining those parcels together to make one large development.    

The public hearing closed at 7:30 p.m.

4.         Action on Public Hearing:  

Consider recommending approval of a subdivision application (lot split) to be known as Triple J Subdivision.  The proposal is to divide the property into two parcels, said property being parcel no. 4-29-3- and located west of Home Depot.   The north parcel will be zoned CG (General Commercial) and the south parcel to be zoned MR-24 (Multi-family residential).  

Jeff Albrecht was present and represented Triple J Subdivision.  The annexation plat was previously reviewed and recommended for approval.  That showed the proposed zoning.  This review ties down the zoning to the exact metes and bounds descriptions.  They don’t have a proposed concept yet, but wanted to get the zone change correct before they move forward with conceptual design.  The property is surrounded by commercial and open space areas.    

Access to the property will be from the north side by on the west of Home Depot and also an access from Cove View Road.  They could tie the two zones together with an access going through if needs be.  When they develop the north commercial portion, they will come back to subdivide that portion.  When they have a concept drawn up, they can work with the City to make the access work to the satisfaction of the City.  The commercial zone will have 4.55 acres and the multi-family residential will have 6.58 acres. 

The water line is on the east boundary. 

Lisa White motioned to recommend approval of a subdivision to be known as Triple J Subdivision located west of Home Depot as presented.  Wes Kirschner seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Blaine Breinholt, Lisa White, Susan Jensen, Josh Peterson, and Wes Kirschner.  Those voting nay:  None.  The motion carried.   

            B.         Consider recommending approval of a subdivision application (lot split) filed by the Good Shepherd Lutheran Church.  The proposal is to divide the property into two parcels, said property being located at 1310 West 1800 South. 

Tim Wallace said they want to split this property and sell the second lot.  They have had this property since the early ‘80s.  This is a lot of property for their small congregation to keep up.   They could give access on the east of the property for access to the back.  They would like to sell the lot and use the money to improve their building.  They want to sell the property as is.   They do have access to sewer and water.

Blaine Breinholt motioned to recommend approval of a subdivision application filed by the Good Shepherd Lutheran Church.  Lisa White seconded the motion.   Wes Kirschner seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Blaine Breinholt, Lisa White, Susan Jensen, Josh Peterson, and Wes Kirschner.  Those voting nay:  None.  The motion carried.   

            C.   Consider recommending approval of a proposed amendment to the Zoning Map filed by Jacob Black and affecting property located at approximately 1000 North 300 West (parcel no. 1-1-11).  The proposal is to change the zone form R1-10 (Single-family residential) to RM-11 (Multi-family residential.)

Lisa White asked about the fire code referring to single family and multi-family. If 30 single family are allowed with a single point of entry, then he could only have 11 additional units.  With multi-family, if there are already 30 units allowed, shouldn’t the number of multi-family units be reduced either by numbers or percentage?  Maybe that number would leave on 40 multi-family units allowed.   Jake Black said the Code does not specify if there is a mix.  He thinks it’s left up to interpretation.  He has spoken with building inspector Jason Mackelprang and he agrees that it is vague.  Mr. Black would interpret it as up to 30 single family and up to 100 multi-family.  He is looking at it as an “and” and not an “or”.   He is also working with the state fire marshal because it is a gray area.  

Josh Peterson stated that the existing UDOT drainage system has to be maintained and not changed.  Mr. Black said they have drawn a blue line across the top of the draft which shows that area.  Everything north of that will be captured within that ditch.  The freeway acts as a dyke.  The only flooding situation they have to look at is their property specifically.  It Is not an area where they are up against the hill and they have to account for all the water that comes off the hill.  The freeway is there, the culvert under the freeway, the channel, and the flood basin mitigates all of that.  They would be putting a retention basin as well.    

Jeff Albrecht asked if they have considered having FEMA redo their flood area.  The flood map was done a couple of years before they built the freeway and the detention basin was not there at that time.  It is a long and intense process to change that.  They have debated on and off to pursue that.  He feels like there is a huge area in the city that it affects.   If the City thinks that getting that revision would benefit the City as a whole, they would love to participate with the City in getting it changed.  

Greg Bean asked Commissioners if there is anyplace else where there would be 100 dwelling units on a single access?  That is a concern.  Wes Kirschner agrees that this neighborhood is very congested during the school year.  

Mr. Black said he does plan to have a retention basin that they will design when they know the density they are dealing with.  Blaine Breinholt said the soil is very porous and it should drain well. 

Greg Bean made a motion to recommend denial of a request for zone change filed by Jacob Black affecting property located at approximately 1000 North 300 West.  Blaine Breinholt seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Blaine Breinholt, Wes Kirschner, and Greg Bean.  Those voting nay:   Josh Peterson and Susan Jensen.  The motion carried. 

It is noted that the Commission’s only issue was the single access to the property. 

This will be on the City Council agenda for Monday, May 9, 2022, at 7:00 p.m.  for a public hearing.  The Council will not make a decision until their next meeting.   

            D.         Consider recommending approval of a proposed amendment to the Zoning Map filed by Bryan Nay and affecting property located at approximately 1000 North 500 West (parcel no. 1-1-10).  The proposal is to change the zone form R1-10 (Single-family residential) to RM-11 (Multi-family residential.)

Bryan Nay was present.  He bought this property as an investment because it is right behind his home.  He thought it might be suitable for a duplex.  He will work with these other developers.  He feels like there should be a solution and a compromise could be found.    

Greg Bean made a motion to recommend denial of a request for zone change filed by Bryan Nay and affecting property located at approximately 1000 North 500 West.  Blaine Breinholt seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Blaine Breinholt, Wes Kirschner, and Greg Bean.  Those voting nay:   Josh Peterson and Susan Jensen.  The motion carried. 

This will be on the City Council agenda for Monday, May 9, 2022, at 7:00 p.m.  for a public hearing.  The Council will not make a decision until their next meeting.   

5.         Conditional Use Permits

            A.  Consider approving Brennon Atterton’s request allowing him to operate a short- term rental at 153 West 800 South (CS zone, C-1 use).

Mr. Atterton was not present.   Lisa White motioned to table the matter.  Wes

Kirshner seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Blaine Breinholt, Lisa White, Susan Jensen, Josh Peterson, and Wes Kirschner.  Those voting nay:  None.  The motion carried.

            B.  Eastyn Rupe to request a conditional use permit allowing her to conduct a business called One Eyst Salon Et Spa, Inc. at 44 South Main (D zone, P-2 use). 

Eastyn Rupe was present.  She does aesthetics, manicures, pedicures.  They haven’t done any modifications to the building.  There have been no major overhauls.  Parking can be in the rear and also on the street.   

Lisa White motioned to approve Eastyn Rupe’s request for a conditional use permit allowing her to conduct a business called One Eyst Salon Et Spa, Inc., at 44 South Main.  Wes Kirschner seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Blaine Breinholt, Lisa White, Susan Jensen, Josh Peterson, and Wes Kirschner.  Those voting nay:  None.  The motion carried

            C.  Brian Waters to request a conditional use permit allowing him to conduct a business called Three Kings Landscaping at 360 N 500 East (RM-11 zone, C-1 use). 

Brian Waters was present.  This will be a small landscape business for installation of sprinkler systems and mowing lawns.  He does not have employees.  He has multiple trailers, a dump trailer, and car haulers.  He will store equipment at his mother’s farm which is in the County.  He will use the City address for his business mailing address.  He was told that he cannot park the equipment at his home.  

Greg Bean motioned to approve Brian Waters’ request allowing him to conduct a business called Three Kings Landscaping at 360 North 500 East with the condition that his equipment is not parked at this address and will be parked at his mother’s property in the County.  Lisa White seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Blaine Breinholt, Lisa White, Susan Jensen, Josh Peterson, and Wes Kirschner.  Those voting nay:  None.  The motion carried

6.         Minutes Approval:

            A.  Consider approving minutes of April 6, 2022, and April 21, 2022.  Blaine Breinholt motion to approve the minutes of April 6, 2022, ad April 21, 2022.  Susan Jensen seconded the motion.  Those voting aye:  Kendrick Thomas, Greg Bean, Blaine Breinholt, Lisa White, Susan Jensen, Josh Peterson, and Wes Kirschner.  Those voting nay:  None.  The motion carried

7.         Other Business

Michelle Curtis advised that Charles Billingsley is checking cars parked behind the show house to make sure they are registered or requiring them to be moved if they are not being used.  Josh Peterson said part of the problem with parking is the three dumpsters that have been placed in the parking stalls.  He wonders about assigning parking spaces to businesses.  That would be a difficult thing to enforce.  He was advised to talk to Michele Jolley about that.  

Blaine Breinholt wonders about perpendicular parking in residential areas.  

Josh Peterson also wants the City to be aware that there are people camping in the Lions Park overnight.  He would like to see it gated at night.  He has seen people shower outside.   There it to be no overnight parking at the parks, and the police can enforce that.  The Commission would like the City to check and make sure that there are “no overnight parking” signs at the Lions Park.  Also, at the parking area that has been developed for the ATV trail, people sometimes urinate there for everybody to see.  Perhaps a porta potty could be placed there.  

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

PASSED AND APPROVED on the 6th day of July, 2022.

/s/ Michelle Curtis

        Deputy City Recorder