Minutes – 5.05.2021

COUNTY OF SEVIER 

CITY OF RICHFIELD

                                                                                    At the Planning Commission

                                                                                    In and For Said City

                                                                                    May 5, 2021

Minutes of the Richfield City Planning Commission meeting held on Wednesday, May 5, 2021, at 6:00 p.m., Chairman Kendrick Thomas, presiding.

1.       Roll Call

2.        Public Hearing (6:00 p.m.)

         A.      Public hearing to receive comments concerning a proposed amendment to the

                  General Plan and zoning map affecting the property located at approximately

                  1140 South Cove View Road known as Royal Inn Subdivision, Lot 2.  The proposal is

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

         B.      Public hearing to receive comments concerning a proposed change to the Richfield

                  Land Use Management Code to allow short-term rentals in all residential zones.

3.      Action on Public Hearings

       A.      Consider recommending that the City Council approve a zone change at

                  approximately 1140 South Cove View Road known as Royal Inn Subdivision, Lot 2,

                  said zone to be changed from the RM-11 to the RM-24 zone. 

         B.      Consider recommending that the City Council approve a change to the Zoning Code

                  which would allow short-term rentals in all residential zones.

4.      Self-Storage Units

         A.      Dan Farley to discuss requirements for placing self-storage units at approximately

                  75 East 1300 South (East of Tractor Supply) (CG zone, C-2 use). 

5.      Annexation

         A.      Consider recommending that the City Council accept the annexation of property as

                  requested by Jared Jensen.  The property is located on 100 East between 500 South

                  and 700 South. 

6.      Conditional Use Permit

         A.      Danielle Peterson to request a Conditional Use Permit allowing her to conduct a

                  dog grooming business to be located at 350 South 100 East (CS Zone, P2 use).  

                  (Discussion to include request to change zone to allow for dog boarding.)

7.      Other Business

         A.      Discuss proposed plan for townhomes to be built at the northwest side of the

                  Centennial Park.  This will require a zone change from CG to RM-11 or RM-24. 

8.      Minutes Approval:

         A.      Consider approving minutes of April 7, 2021.

9.       Adjournment

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

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

Others present:  Joan Fergus, Danielle Peterson, Donavan Allen, Carol Breinholt, Dan Farley, Sharon Waite, Amy Myers, Karlee Thomas. 

2.      Public Hearings:  (6:02 p.m.)   

         A.      A public hearing was held to receive comments concerning a proposed amendment to the General Plan and zoning map affecting the property located at approximately 1140 South Cove View Road known as Royal Inn Subdivision, Lot 2.  The proposal is to change the zone from RM-11 to RM-24 (Multi-Family Residential). 

There were no comments from the public.  The public hearing closed at 6:03 p.m. 

         B.      6:03 p.m.  A public hearing was held to receive comments concerning a proposed change to the Richfield Land Use Management Code to allow short-term rentals in all residential zones.

Chairman Thomas stated that short-term rentals are not allowed in the R1-8 or R1-6 zones.  There was also discussion that the City received a letter from Park Retreat stating that their by-laws do not allow units to be used as short-term rentals.  The City does not get involved in HOA by-laws. 

There were no comments from the public.  The public hearing closed at 6:05 p.m.

3.      Action on Public Hearings

         A.      Consider recommending that the City Council approve a zone change at approximately 1140 South Cove View Road known as Royal Inn Subdivision, Lot 2,         said zone to be changed from the RM-11 to the RM-24 zone. 

Carole Breinholt represented the Petitioner.  She works for Community Housing Development.  They own several properties in the City including Cedar Canyon Senior Living Center and Urcy Belle Apartments.  She said they would like to construct some more HUD funded, senior apartments.  The property is 2.03 acres.  They are planning a facility with 48 units, eight of which will be ADA compliant.  There will be 65 parking spaces with those being situated at the northeast side and southwest side of the property.  Entrances will come off of both 400 West and Cove View Road.  They may need to provide more parking spaces than 65, but that can be worked through when they are ready to submit plans for the project.

This property will be the same type of property as the Cedar Canyon property.  It will be for elderly people who qualify by income.  It is a good program for elderly people.  There will be a laundromat and a community center. 

Greg Bean motioned to recommend that the City Council approve the change of zone from RM-11 to RM-24.  Lisa White seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Blaine Breinholt, Josh Peterson, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously.   

         B.      Consider recommending that the City Council approve a change to the Zoning Code which would allow short-term rentals in all residential zones.

Lisa White commented that in the very near future there needs to be a discussion about putting a cap on the total number of short-term rentals allowable.  It would be alright to allow these in all residential zones; however, the manner in which they are controlled needs to be addressed soon.  She suggests forming a committee that will study what other cities are doing and then have them present a recommendation to the entire Planning Commission.  Lisa White and Josh Peterson, together with staff, will do some research into this.

Lisa White motioned to recommend that the City Council approve a change to the Zoning Code which will allow short-term rentals in all residential zones.  Greg Bean seconded the motion. Those voting aye:  Kendrick Thomas, Lisa White, Blaine Breinholt, Josh Peterson, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously.

4.      Self-Storage Units

         A.      Dan Farley to discuss requirements for placing self-storage units at approximately 75 East 1300 South (East of Tractor Supply) (CG zone, C-2 use). 

Dan Farley and Trent Brown were present.   Mr. Farley stated that they are doing the feasibility study for this project.  They are exploring some unknowns and need to do some analysis to make sure it makes sense to do this project.  The plan initially shows six buildings.  The buildings will meet setbacks.  He has discussed fire code requirements with Building Official Rick Robinson.  Fire breaks are required for buildings over 10,000 square feet.  These buildings will all be less than 10,000 square feet.  They will be adding a fire hydrant on 100 East.  There will not be an office at the facility.  They will not need bathrooms or sewer tie-ins.  He believes they will be able to have adequate space for xeriscape landscaping.   

Greg Bean asked about street-side requirements.  Mr. Farley was at last month’s meeting where he heard the conversation last month concerning requirements for metal buildings.  He hopes he won’t be required to have a brick and mortar façade.  It will be called Patriot Storage with red, white, and blue colors.  He has noticed many buildings in town that don’t have the brick and mortar façade, including the U-Haul storage units.  He states that steel buildings don’t show the wear after 10 or 12 years. 

Mr. Brown said there has been some discussion regarding the detention pond that was built between this lot and Tractor Supply.   It was built there with the intention of it being able to handle drainage for both Tractor Supply and this lot.  It will handle 104% of 1-hour 10-year storm.   He said there are some things that could be done to handle the extra drainage.  They could talk to the owner of the property across the street to the east and propose piping the drainage to the ditch.   There is also a big culvert.  The cross-gutter drains north.  They would be encouraged to utilize any landscaping areas for additional capacity.  Chairman Thomas said if they are 101% or 102% capacity at that point, hydrology design is not an exact science. 

Blaine Breinholt advised that the water table is high in this area.  There may also be one of the old French drains that crosses the property.   

The detention basin is on Tractor Supply property.  Mr. Farley has talked with Tractor Supply’s manager and they are amenable to the storage units using the detention basin.  They feel like it would actually add some value to their property because there is so much trash that accumulates in the vacant lot and this will improve it.

Their access will be off of 1300 South.   Mr. Farley said they will extend curb and gutter along 1300 South.  He does have questions about improvements along 100 East Street.  He knows there is another developer who is doing a portion of 100 East.  CSS Composites is building on property east and north of this.  CSS has been told to finish two travel lanes from their property to 1300 South.   Mr. Farley would be required to install street improvements on his side of 100 East Street.  This includes curb, gutter, asphalt, and sidewalk.   He does not believe this should be required because he will be using 1300 South and improvements on 100 East do not benefit his property. 

Discussion concerning 100 East: 

  • If improvements are not done now with this project, when will it happen?
  • Mr. Farley wonders if there will ever be curb and gutter to the north.
  • CSS Composites was told to finish two travel lanes to 1300 South because they will be increasing traffic and accessing their business off of 1300 South; however they will not be doing curb, gutter, and sidewalk along the property frontage that they don’t own.
  • This business would be required to do curb, gutter, and sidewalk along their property frontage and pay for their share of the street.  They would reimburse CSS if the street has already been put in. 
  • The Commission feels like having a sidewalk on this side of the road is not beneficial because Larsen’s Ace Hardware has plant nurseries that are on the property north of this and it is extremely unlikely that sidewalk will ever be put in there.  The City Council would ultimately have to make the decision concerning street improvements. 
  • Metal finish:  Mr. Farley was told that 30% of the front of the buildings would have to be a material other than metal and then 25% of the second street-facing side would have to be something other than metal.  This requirement is in the Code for aesthetic reasons.  The Commission does not feel like this requirement should be relaxed.  The only way the requirements should be relaxed is if there were a change made to the Code.  (Note:  The siding requirement in the CG zone is actually for 100% of the first street facing wall to be finished in a material other than metal and 25% of all side walls.) 
  • There is currently not a payback agreement but there CSS Composites might have one if it ends up doing the street on 100 East before this property is developed.  However, if it is done concurrently, they would each do their share of the street. 
  • Mr. Farley would be required to do the curb, gutter, and sidewalk along 1300 South. 

5.      Annexation

         A.      Consider recommending that the City Council accept the annexation of property as requested by Jared Jensen.  The property is located on 100 East between 500 South and 700 South. 

(Mr. Jensen did not arrive until part-way through this discussion.)  The Commission was advised that Mr. Jensen would like to do a campground on this property. 

Rick Robinson said he thinks Mr. Jensen plans to access the property from the JRS property on Main Street and that is not allowed because one property cannot be used for  access to another property.  However, Mr. Jensen owns both properties and could combine the lots so that it is all one property.  It was clarified that if he can’t use the JRS as access, he has frontage along100 East. 

Josh Peterson said if the JRS property is used as a right-of-way to access this property, Mr. Jensen would have to go through the application process with UDOT for an increased access off of Main Street.  Anytime an access is increased by 10%, it has to be reviewed.  Ultimately, he believes the State would require access off of 100 East and not from Main Street.  Rick Robinson said he would prefer there to be two accesses off of 100 East. 

After some discussion, Chairman Thomas reminded the Commission that this is on the agenda to determine the appropriateness of the annexation.  At the time he does the project, he will need to make sure it meets the ordinances.  The property would come in as a CG zone which would allow a campground. 

Greg Bean motioned to recommend that the City Council not approve the annexation of the property at 100 East between 500 and 700 South because the proposed use does not seem compatible with the surrounding area and there is a question as to access.  It is also surrounded by commercial shopping.  Blaine Breinholt seconded the motion. 

Michelle Curtis reminded the Commissioners that this is similar to the meeting last month where the Commission did not want to change a zone for Richard Chamberlain because it believed there were too many hurdles and too much cost for them to develop the property.  Mr. Chamberlain had advised the Commission that the development portion of a project is at the risk of a developer, and if they can’t make a project work, or it is too costly, then that is on the developer, not the City.  Regarding this property, if Mr. Jensen cannot ultimately make a campground work, that is up to him to solve; however, if the property has been annexed and zoned commercial, he would have options to do other commercial projects.  He isn’t bound to a campground. 

The Commission feels that they are only making a recommendation, and ultimately the City Council will have the final decision. 

Jared Jensen arrived.  He said concerning access to this property from the JRS property (which would require a bridge across the Richfield Canal), if he cannot use a bridge for vehicular traffic, then he will put two accesses onto his property from 100 East.  It should be noted that 100 East Street does not go any further than the north boundary of his property because several months ago the City removed the bridge going over the canal.  He might put in a walking bridge or even a removable bridge from JRS to this property.  He would have to work with the canal company concerning that. 

If he can’t access it from the JRS property, then he will probably put an office on the south side of this property.  He also stated that there is a substantial amount of graffiti and transients who go down this road.  He thinks having a business on this property will help to clean that up.    

Josh Peterson is the access manager for UDOT.  He advised Mr. Jensen that because the JRS property is on Main Street, UDOT would tell him no as to using the JRS property as an access to the campground property because it would increase traffic turning off and onto Main Street.  He could have a pedestrian bridge across the canal.   As far as 100 East, he would be able to use that for an access to the campground property.

Mr. Jensen said he is in the process of bringing sewer from 800 South along 100 East going north to his property.  Chairman Thomas stated that as far as annexation, it is next to City limits so it is not an island that is being annexed which makes sense geographically.  As far as the zone, usually the landowner does provide what preference they want for the zone. 

Mr. Jensen said he is planning an upgraded RV park. He does not want long-term renters.  He will have CC&Rs with some caps.  If someone wanted to come and spend the summer, he wouldn’t be opposed to renting for that, but he doesn’t want year-round residents.   

Greg Bean withdrew his original motion to recommend denial of the annexation.

Josh Peterson motioned to recommend that the City Council approve the annexation of property located on 100 East between 500 and 700 South as a CG zone.  Greg Bean seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Blaine Breinholt, Josh Peterson, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously.

6.      Conditional Use Permit

         A.      Danielle Peterson to request a Conditional Use Permit allowing her to conduct a dog grooming business to be located at 350 South 100 East (CS Zone, P2 use).   (Discussion to include request to change zone to allow for dog boarding.)

Danielle Peterson was present.  She would like to have a dog daycare and training facility at 350 South 100 East (CS zone, P2 use).  This is a business where people drop their dogs off for daycare.  She also trains dogs.  She would also like to do dog boarding as there is a demand for that as well.   A business called Posh Pets (dog grooming) was previously at this location. 

She has been given permission to do a fence in the back of the property next year, but for now she will conduct the business inside.    

The Commission was reminded that in October of 2019, Posh Pets had also requested permission to do overnight boarding at this location, but was denied the use.  The zone would have to be changed to a manufacturing zone in order to allow boarding.  It doesn’t make sense to change the zone to manufacturing at this location.

Ms. Peterson said she hasn’t had any luck finding a place to do dog boarding and has been working on it for several months.  Boarding is needed. 

If the Commission wanted to entertain the possibility of changing the Code to allow commercial kennels in commercial zones, there could be conditions placed on the business if it were allowed as a C-2 use. 

Lisa White motioned to approve a Conditional Use Permit for a dog daycare and training to be located at 350 South 100 East, with more discussion forthcoming concerning boarding.  Greg Bean seconded the motion.  Those voting aye:  Kendrick Thomas, Lisa White, Blaine Breinholt, Josh Peterson, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously.

Ms. Peterson was told that the Commission will consider options as to allowing overnight boarding.  This will take a few months before a public hearing could be held.    Lisa White asked what would be the worst thing that would happen if it is changed to a C-2 use in commercial zones?  If it were a C-2 use, conditions could be placed so that there is more control as far as specific locations.  This location could make sense but another commercial location might not make sense.  Michelle Curtis will see what other cities have done with overnight boarding. 

7.      Other Business

         A.      Discuss proposed plan for townhomes to be built at the northwest side of the Centennial Park.  This will require a zone change from CG to RM-11 or RM-24.    

Donavan Allen was present.  He is an ERA broker representing a developer who is in the preliminary stages of considering developing this property for multi-family housing.  He said he thinks a portion of the property is in the PUD that was created with the existing townhomes.  The balance of the property is not platted. 

The lot east and north of the existing townhouses is not buildable.  They have excavated down to 27 feet and still hit trash.  They would like to use the lot for extra parking for the tenants of the new buildings, possibly overflow parking, not for big RV’s, but extra vehicles. 

He also wonders about the access road by the office building on the northwest side of the park.  It looks like it is wide enough to have an access through there, but it has been incorporated into their parking lot.  Originally it was platted as a street.  He wonders how the City feels about letting them use that for their exit road.  He understands when they put the third and fourth units going around the bend, they will have to have another exit coming out towards Centennial Park Drive. 

This property is separate from the existing townhomes.  The road between the townhouses, is a private road that comes out on a roughed-in dirt road so there is through access.   The City generally does not allow access to one property through another property’s private access. 

Mr. Allen said they would want a PUD.  He wants to make sure that the City wouldn’t say PUD’s aren’t allowable.  The City does not have anything in the ordinance that really addresses PUD’s.  Chairman Thomas said he doesn’t think the City would do anything that would prohibit him from developing a PUD. 

Chairman Thomas said the ordinance also states that a duplex can be accessed directly off the City street.  If there is anything more than two units, then they should have a separate parking area for those units.  He also needs to be aware that the required parking cannot be stacked; i.e., two cars in the garage with two cars parked in the driveway. 

There will also be the question of the property being wide enough to accommodate the apartments, parking, and traffic lanes that would accommodate a fire truck turn-around or garbage truck turn-around. 

It looks like the project could work, and the Commission is not opposed to seeing it develop as townhomes. 

He was told to be aware that the overflow parking can only be used by tenants for storage.  The zone does not allow for rental of storage spaces.    

8.      Minutes Approval

         A.      Consider approving minutes of April 7, 2021.  Lisa White motioned to approve the minutes of April 7, 2021.  Greg Bean seconded the motion.   Those voting aye:  Kendrick Thomas, Lisa White, Blaine Breinholt, Josh Peterson, and Greg Bean.  Those voting nay:  None.  The motion carried unanimously.

Greg Bean said he is concerned about the General Plan.  He believes it is nowhere near being done even though Bruce Parker and his U of U class have developed a Plan.  There are still portions of it that are not finished.  He is concerned about the traffic plan.  Lisa White said Mr. Parker’s assistants specifically said that they hadn’t addressed traffic because they are not traffic engineers and that will have to be done separately.  Mr. Bean is concerned that the college semester is over and they won’t be answering some of the questions that he had.  Michelle Curtis advised that Mr. Parker stated that he and a few of the students would continue to work with the City to see it to completion.    

Michelle Curtis asked for clarification concerning parking requirements in multi-family residential zones.  She wondered if the Commission intended to apply the same parking requirements in RM-11 zone as are required in the RM-24 zone.  It was clarified that the Commission did intend for there to be different parking requirements for the two zones.   

9.      Adjournment.  The meeting adjourned at 7:50 p.m.

PASSED AND APPROVED on the 2nd day of June, 2021.

/s/ Michelle Curtis

      Deputy Recorder