Planning commission minutes for Nov. 1, 2023

COUNTY OF SEVIER
CITY OF RICHFIELD

At the Planning Commission
In and for said city                November 1, 2023

Minutes of the Richfield City Planning Commission meeting held on Wednesday, November 1, 2023, at 6:00 p.m., Chairman Josh Peterson, presiding.

  1. Roll Call
  2. Conditional Use Permits/Home Occupation Permits
    a. Pablo Galeana – To request permission to install a drive through at 690 E 300 N, Los 5 Amigos, C-1 use in a CS Zone.
  3. Short term rentals
    a. Sawyer Phelps to request approval to operate an STR at 911 W 1080 S, C1 Use in an RI-11 zone, #11 of 39 in STR Zone 3
  4. Development Review
    a. Todd Riches to discuss the remainder of the Trailhead Resort development for possible approval.
  5. Public hearing –
    a. Richfield City Zoning Ordinance Update – The City is proposing various text amendments to the City’s Zoning Ordinance to address clarity and correctness issues, consolidate and update procedural requirements for consistency with State requirements, and improve public transparency, administration, and enforcement by codifying zoning requirements into Title 17 of Richfield City Code.
  6. Action on Public Hearings –
    a. Richfield City Zoning Ordinance Update – Discuss final changes to City’s Zoning Ordinance to address clarity and correctness, consolidate and update procedural requirements and improve public transparency and recommend adoption.
  7. Minutes Approval
    i. Consider approving minutes of Oct. 11, 2023.
  8. Other Business
  9. Adjournment.
  10. Roll Call- Present: Josh Peterson, Blaine Breinholt, Susan Jensen, Lisa White, Wes Kirshner, Zach Leavitt.
    Excused: Wayne Cowley.
    Also present Todd Riches, José Galeana, Pablo Galeana, Sawyer Phelps, Branden Anderson and Deputy Clerk David Anderson
  11. Conditional Use Permits/Home Occupation Permits
    a. Los 5 Amigos restaurant addressed the commission asking for permission to install a drive-through at 690 E 300 N in Richfield. The drive-through is a C-2 use in a CS Zone.
    Pablo Galeana said the restaurant plans to add a small addition to the west side of the building which would allow for a drive-through access. Pablo presented drawings that illustrated how the flow of traffic would work, with cars approaching the drive-through from the north, picking up orders on the west side of the building and then heading south, turning east behind the building and then exiting on to 700 East. The drive through is similar to Taco Time in concept.
    Chairman Peterson asked how far back the Los 5 property goes, to make sure there is room for the proposed routing of drive-through customers.
    Pablo said there is sufficient space for the proposal as well as four exits from the property.
    Commissioner White motioned to recommend approval of the proposal with the note that the use is a C2 use and would have to be approved by the city council. Commissioner Brienholt seconded the motion. The motion passed with Josh Peterson, Blaine Breinholt, Susan Jensen, Lisa White, Wes Kirshner and Zach Leavitt voting aye.
  12. Short term rentals
    a. Sawyer Phelps requested approval to operate a short-term rental at 911 W 1080 South, C1 Use in an RI-11 zone, #11 of 39 in STR Zone 3.
    The home is part of a duplex with three bedrooms, two and half bathrooms with adequate parking. Phelps said he plans on using it for nightly rentals, with the possibility of long-term rental later.
    Commissioner White asked if there were any CC+Rs attached to the property, which there were not.
    Commissioner Brienholt motioned to approve the short-term rental. Commissioner White seconded the motion.
    The motion passed with Josh Peterson, Blaine Breinholt, Susan Jensen, Lisa White, Wes Kirshner and Zach Leavitt voting aye.
  13. Development Review
    Todd Riches discussed the Trailhead Resort development, addressing four primary issues.
    a. First he requested approval of the remainder of the site. The building layout was approved in a previous meeting, but the amenities on the north side of the development haven’t been reviewed or approved by the commission.
    Commissioner White asked if the new building three is the tower on the northwest side of the property. She also asked why the tower was as tall as it was.
    Todd Riches said the tower’s height is a function of signage. The property sits well below the road, so the tower would elevate the signage and give drivers along 1300 South a better view of the facility’s offerings.
    Chairman Peterson asked about the access on the north side of the property, which Riches said is gated and included primarily for utility and facility management, and he anticipates it being closed 90 percent of the time.
    Riches explained the development would have a pool, children’s playground, pavilion, pickleball court, basketball court, landscaped and lawn area and the tower, which doubles as a garage/storage facility.
    Chairman Peterson said he feels like it looks like a nice development overall.
    Riches said sheet 101-8, which was created after commission packets were put together, details an area designed to support the use of the pool with changing rooms and other support facilities inside building 2.
    White asked about the landscape lighting, to which Riches said the locations are not determined as yet. White asked what the requirements for landscape lighting are.
    Riches said there is a plan to make sure the facility is lighted. It is also completely fenced.
    Chairman Peterson said the UDOT fence to the north needs to be untouched as the development moves forward. Riches asked if UDOT would want him to pull it out and replace it as it is dilapidated, but Peterson said to ask UDOT first.
    Commissioner White asked what exactly is being approved tonight. Chairman Peterson said the last time Trailhead was on the commission agenda, the site layout of the buildings to the south was approved, but tonight it would be the north portion of the property site layout where the amenities such as the pool are located.
    Commissioner Brienholt motioned to approve the first item, the amenities portion of the site layout of the Trailhead Resort. The motion was seconded by Commissioner Jensen. The motion passed with Josh Peterson, Blaine Breinholt, Susan Jensen, Lisa White, Wes Kirshner and Zach Leavitt voting aye.
    b. Riches asked about the possibility of having the site approved as a mixed-use.
    Chairman Peterson asked about the status of the city’s mixed-use definition.
    Deputy Clerk Anderson said the city council has adopted it, but rather than as a definition, it is now part of the use table. The mixed-use designation requires 33 percent be generally available to public use, such as retail or restaurants.
    Riches said his proposal is to have 21 units that are in a condo-layout format. Essentially most of them are to be leased out on a time-share type of format, with people purchasing shares in the units. However, there has been some interest in people wanting to buy entire units, but that isn’t allowed under the current zoning without a mixed use. He said if he were approved for a mixed use, he’d use the back unit as long-term condos and the front unit as the time share condos. Riches said he anticipates only a handful of people wanting fulltime ownership of the units.
    The longest term on the others would be a month, with most staying a week here or there. Building A has some retail on the bottom level that is approachable by the public, so a mixed use would make more sense, Riches said. The primary goal is to lease out or sell shares in the units. He said people who have RM-24 or RM-11 would have an edge on being able to sell entire units, so the mixed use would give him have access to both marketing the development with both options.
    Each unit would have three bedrooms, three bathrooms with full kitchens.
    Chairman Peterson asked what the appropriate zone would be.
    Deputy Clerk Anderson said the mixed-use functions like an overlay zone. He outlined the specifications for the mixed-use – it can’t exceed RM-24 density in any case, but has to conform to the density of the nearest residential zone.
    Riches said the density would conform to an RM-11, with 21 units in over two acres of property. He said building A would be short-term housing, which would be more like a hotel, while building B would be the long-term housing. Riches said the hotel function would in his understanding fulfill the commercial requirement.
    However, Chairman Peterson said it has to be things like shopping and restaurants.
    Deputy Clerk Anderson said the reason the mixed use was addressed in the first place was to prevent hotels from converting into high density housing and using the hotel function as justification for a mixed use.
    Commissioner Peterson said the development fits better as a condominium in an RM-11 zone, rather than a commercial zone.
    Commissioner White clarified that amenities, such as the pool, are only available to people who are staying in the facility, not the public at large.
    Anderson asked if each unit would have its own sewer connection and water meter, which Riches said they would.
    If condos are allowed in commercial general, there is not a need to change the zoning, said Commissioner White. However, she found in the code that condominiums are allowed only in the RM-11 and RM-24 zones, and not in any commercial zones as per city code.
    Chairman Peterson said the proposal doesn’t meet mixed use as defined by the city code. He asked if Riches would prefer to keep the current plan and apply to be rezoned.
    Riches said he would prefer to be rezoned, and then convert the retail he has planned into an additional unit. He said he would be better off with parking and would be able to fence off the entire facility.
    Commissioner Kirshner asked where the one solo unit is located. The single unit of the 21 total units is due to some of the area in building B being used as a pool room and other uses.
    There will have to be a public hearing for a rezone at the next planning commission meeting, along with approval from the city council. Commissioner Peterson said the commission will revisit this issue next month.
    c. Riches discussed the right-of-way improvements to the property, specifically C-200 civil drawing. The cross section of the required street, sidewalk and curb and gutter. He said there is still 11 to 12-feet from his property line to the sidewalk, and wondered if the city would simply deed the extra space over to him so it can be incorporated into the property. It would eliminate the need for a retaining wall and would create a better buffer for the property that the Trailhead would maintain.
    Riches said the 11-foot strip would remain undeveloped, but he’d rather grade it down, landscape it and maintain it.
    Commissioner Kirshner said the commission can’t make that decision, only the city council. However, the proposal does make sense, said Commissioner Breinholt.
    Chairman Peterson said in his experience, the city wouldn’t want to sell it because of potential right-of-way issues in the future, but enter into a landscape agreement. This would allow Riches to maintain the property as though it were his own, but allow for the right-of-way to be maintained if a future expansion of the road needs to be done. Properties like Les Schwab also have entered into similar agreements.
    Commissioner White said deeding over the property would be an aggressive move, but the agreement approach would benefit both parties.
    Riches said he wants to make sure he is getting something out of the agreement before entering into it, and there are possibilities. Commissioner Kirshner said the eliminating the need for a retaining wall would be a benefit, as well as the appearance of the property.
    Commissioner White motioned that the commission recommend that the city council consider entering into a landscape agreement with Riches, the details of which to be sorted out by the council and Riches. Commissioner Breinholt seconded the motion. The motion passed with Josh Peterson, Blaine Breinholt, Susan Jensen, Lisa White, Wes Kirshner and Zach Leavitt voting aye.
    d. Riches wanted to review the setbacks and make sure they would be compatible with city ordinance.
    Chairman Peterson said the zoning should be tied to the proposed rezoning. The front setback is 30 feet, rear 15 feet and the sides are eight in RM-11.
    Commissioner White said currently the setbacks shown on the plan call for a 20-foot front setback. However, Riches said the plans are actually in error and that the front is actually the south side, while the rear is on the north side.
    Commissioner Breinholt said it appears the setbacks do meet the RM-11 standards.
  14. Public hearing –
    a. Richfield City Zoning Ordinance Update – The City is proposing various text amendments to the City’s Zoning Ordinance to address clarity and correctness issues, consolidate and update procedural requirements for consistency with State requirements, and improve public transparency, administration, and enforcement by codifying zoning requirements into Title 17 of Richfield City Code. Chairman Peterson opened the public hearing at 7:03 p.m., and upon hearing no comments, closed the hearing at 7:03 p.m.
  15. Action on Public Hearings –
    a. Richfield City Zoning Ordinance Update – The commission discussed the final changes to City’s Zoning Ordinance to address clarity and correctness, consolidate and update procedural requirements and improve public transparency.
    Chairman Peterson said the commission has gone through the ordinance extensively.
    Deputy Clerk Anderson brought two items to the table to discuss prior to the ordinance being adopted.
    First was the corner lot setback requirements. Currently, there is a front yard setback of 25 feet and a rear setback of 20 feet and 10 feet in the side yards for commercial development. However, nothing accounts for how corner lots in on the non-residential development table.
    Anderson asked if this is something Planning Specialist Kendal Welch should look at prior to adoption.
    Chairman Peterson asked what was done in the residential zones. In the residential standards table, there is a requirement the if no driveway is proposed in the corner side yard, 15-feet from the right-of-way line of an existing or proposed public street or 56 feet from the centerline of any existing proposed street, whichever is greater.
    Commissioner Kirshner said essentially the city just needs to have something similar to in place for the commercial.
    Commissioner White said she favors the solution reached for residential corner lots, which provided for the line of sight. She said perhaps do the same thing for commercial, but slightly larger.
    Planning Specialist Welch said one option is to match what is required for the front setback for the corner setback, which would preserve adequate space. If there is worries about unutilized property, something along the lines of 10 feet may be more appropriate. In some cities, industrial zones allow building right up to the property line, but on corners there is still enough preserved to allow for sidewalk and other improvements.
    The corner lot issue is one the city has had problems with in the past, said Commissioner Breinholt. He said commercial is different because there are different setbacks and other issues involved.
    Another option would be to match the front set back and the 10-foot setback on the side that is required in the residential zones, Welch said.
    Commissioner Peterson said using the Trailhead Resort property as an example, the front would require them to be 25-feet off the road. They would still have clear view to the left due to the front setback. However, requiring that on the side would limit the ability for the owner to develop the property. Peterson said a 10-feet setback on the side would be appropriate. Black Bear Diner on Main Street is an example of a building that isn’t set back much more than 10 feet and there is good visibility at that intersection, Commissioner Breinholt said.
    Welch asked if there was a landscape buffer required, and in some communities the landscape buffer is larger than the setback. She said she didn’t find anything in the code specific to landscaping.
    Peterson said five feet is not enough and that he prefers some type of buffer between the sidewalk and the building, both as a safety feature and providing a more finished look.
    Commissioner White said in Section 1620, it basically says the zoning administrator has the ability to increase the clear view area based on various factors to increase the safety and visibility. If the city requires a 10-foot setback and there is a problem, there is the ability to modify it.
    She said it makes sense to have the 10-feet unless it’s a special situation.
    Commissioner Peterson said he would like a corner section added to the table just to avoid confusion. He then asked the commission their feelings on the 10-foot setback, and each member agreed it was appropriate.

The next item discussed was convenience store canopies. Most convenience stores have canopies over their fuel islands. However, in Richfield the space that can be covered by these canopies is limited to no more than 3,000 square feet or the square footage of the store, whichever is smaller (old Table 31-2). This may be outdated, as many of these types of facilities are now being built with fuel islands designed both for larger vehicles including RVs, buses and such as well as islands designed for smaller class vehicles – similar to the new Maverik in Salina.
Deputy Clerk Anderson said a developer has raised the question as it would limit what they could do with some property in the city, so it was brought to the planning commission’s attention.
Chairman Peterson said someone else had approached him outside of his zoning duties, so it is an issue that should be addressed. He said someone told him the reason they picked a location for a gas station was because it wasn’t limited as it was in Richfield. He said he doesn’t want to restrict businesses coming to our town. Perhaps the city could limit the size of canopies, but allow for multiple canopies.
Commissioner White asked what the purpose of the limitation was in the first place. Commissioner Kirshner asked when the limit was done, and pointed out many newer convenience store locations have canopies that are larger than the actual store.
A canopy that is 30’ by 100’ may not be big enough, Peterson said.
Commissioner White asked if something like that would be built away from the freeway interchanges. Travel centers don’t have the same restriction under the city code, but are limited to within 500’ of a freeway interchange.
Commissioner Leavitt said it sounds like there is a need for fuel pump islands to be covered, but the commission doesn’t seem very concerned with how large the covers are.
It is a convenience to the customer, according to Commissioner Breinholt.
The reasoning behind the original restriction is something Commission White said she would like to understand – why did it make sense at the time?
Perhaps the original concern was something to do with preserving the character of Main Street, Commissioner Kirshner said.
Deputy Clerk Anderson said the individual he spoke with said the other limiting factor is the store size. The new Salina Maverik is approximately 5,800-square feet with two canopies measuring 2,400-square feet and 4,500-square feet.
Commissioner Breinholt questioned why the city is limiting it if they own the property.
Rather than change the convenience store specifications, perhaps the answer is to modify the interstate travel plaza restrictions, Commissioner White said. Her suggestion is to allow those types of developments to be located further than 500 feet from an interstate, and the future developments could apply under that designation.
White suggested the restriction be loosened to within a mile of a travel plaza.
One question is does the City care where along 1300 South a travel plaza is located?
Chairman Peterson said perhaps the answer is to say convenience stores are one size, and travel plazas are another size. White said then don’t allow travel plazas in downtown, but allow them in commercial shopping, commercial general and even industrial.
Commissioner Leavitt said travel plazas should just be restricted out of downtown and residential districts. Commissioner Kirshner said all travel plazas should be a conditional use in addition to Leavitt’s suggestion.
The consensus is that convenience stores will stay the way they are in the code. Travel plazas will be allowed in non-residential zones, except downtown, with no other location limitation as a conditional use. Chairman Peterson said one stipulation could be that it can’t be contiguous to a residential or downtown zone.
Welch suggested that the limitation be tied to the type of roads rather than the zones. Commissioner White said make the limitation that they are required to have an access to an arterial road.
Commissioner White motioned that commercial corner lots have a minimum of 10 feet spacing on the side to preserve clear view areas at intersections and that any gas station larger than 5,000 square feet is a travel plaza, which is no longer subject to a distance limitation, but instead a limitation that they be located with access to an arterial road. Commissioner Jensen seconded the motion.
The motion passed with Josh Peterson, Blaine Breinholt, Susan Jensen, Lisa White, Wes Kirshner and Zach Leavitt voting aye.

  1. Minutes Approval
    Commissioner White motioned to approve the minutes of the October 11 meeting with no changes. Commissioner Kirshner seconded the motion. The motion passed with Josh Peterson, Blaine Breinholt, Susan Jensen, Lisa White and Wes Kirshner voting aye. Zach Leavitt abstained as he didn’t attend the October 11 meeting.
  2. Other Business
    Commissioner Breinholt asked about the property near the hospital asking him about doing a perc test. He questioned why they would want to as the soils in that area are all sand and gravel and the test would show the water draining into the ground. He said he understood why they’d want to check, but that the soil would easily pass the test.

Adjournment. Commissioner White motioned to adjourn. Commissioner Jensen seconded the motion. The motion passed with Josh Peterson, Blaine Breinholt, Susan Jensen, Lisa White, Wes Kirshner and Zack Leavitt voting aye.