Planning Commission minutes June 7, 2023

County of Sevier
City of Richfield
At Planning Commission
In and for Said City
June 7, 2023
Minutes of the Richfield City Planning Commission meeting held on Wednesday, June 7, 2023, at 6 p.m. Chairman Josh Peterson, presiding.

The agenda for the meeting is as follows: (NOTE: The agenda may be accelerated or the line items may be discussed in any order.)

  1. Roll Call
  2. General Plan Discussion
    a. Zoning code update introduction (Kendal Welch)
    b. Discuss requirements for fences in Sections1620.5 and 1620.6 of the Zoning Code (Blaine Breinholt and Zach Leavitt)
  3. Conditional Use Permits/Home Occupation Permits
    a. Hadley Sorensen. To request approval of hair salon to be located at 181 North Main (D zone – P2 use).
    b. Angela Brown to request approval of a Home Occupation Permit allowing her to conduct a business called Sunee Soles Foot Zoning to be located at 427 West Valley View Drive (R1-10 zone – C-1 use).
    c. Emma Leavitt to request approval of a Home Occupation Permit allowing her to conduct a business called Nails by Emma to be located at 296 West 200 South (R1-10 zone – C-1 use).
  4. Project Review
    a. Review and consider recommendation of approval for Trailhead Resort Todd Riches’ proposed short-term/extended stay/mixed use development at 1300 South and 500 West (CG zone and a C-2)
    b. Villa 647 Preliminary review of demolition/reconstruction of facility at 647 South Main Street. (RM-24 and C-2)
  5. Minutes Approval
    i. Consider approving minutes of May 3, 2023.
  6. Other Business
    i. Zach Leavitt – Zoning Map Demo.
  7. Adjournment.
  1. Roll Call – Roll call was answered by Blaine Breinholt, Josh Peterson, Wes Kirshner, Zach Leavitt. Excused: Susan Jensen, Lisa White (partial).
    City Staff Present, City Manager Michele Jolley, Deputy City Recorder David Anderson.
    Others present: Todd Riches, Angie Jensen, Hadley Sorensen, Emma Leavitt, Guilford Rand, Ken Cordner, Keith Warburton and Planning Specialist Kendall Welch.

2. General Plan Discussion

a. Zoning code update introduction presentation by Kendal Welch, planner with Jones & DeMille Engineering. Welch has started on a zoning code project with the goals of cleaning up the code, making it easier to use and addressing issues it currently doesn’t cover.

Welch said the project will be broken down into workable segments, with changes to titles 12, 13 and 15 being covered tonight.

Welch’s summary was as follows: Changes to Title 12 include general clarity, corrections to typos, grammatical, correctness of terms and staff positions. It also added language to address issues caused by improper use resulting in damage to streets, such as overweight vehicles and ignoring of warnings and barricades. The added language also covers standard liability and damages plus violations.

One suggestion was to removed 12.05.10 dealing with sidewalk use and consolidate it into the zoning code to prevent potential conflicts in code and promote transparency for the public. The same suggestion was made for 12.20 concerning landscaping requirements for commercial property, having it consolidated into the zoning code.
[Commissioner White arrives 6:21 p.m.]

Chairman Peterson agreed with the concept of fusing these items in one spot in the interest of keeping the zoning code user friendly.

Under TITLE 13.16 covering storm water quality and enforcement, Welch suggested adding basic language in order to keep in step with state requirements; including language to help regulate and enforce standards as well as standard applicability and administration sections. It would also refer to the zoning code for development and construction standards. Language is also proposed under 13.15.060 G and H aimed at stopping people from blocking storm drainage structures including a standard enforcement and penalties section.

Under TITLE 15 – Suggestions include removing outdated references to building codes, which need to be removed and reworked to made current. Welch said the proposed draft is worded as to not need continual updates as state standards are adopted and modified. Proposed 15.06 spells out that a building permit required, and all construction has to be compliant with current building code.

Moving forward with the zoning code update, the subdivision portion will need to be addressed in two parts due to the volume of material.

City Manager Jolley said city staff wants to see subdivision section completed first so the city can be compliant with state code as soon as possible.

Commissioner White asked for the planning commission to be provided copies of the proposed changes as early as possible so they can be reviewed prior to the next meeting.

b. [moved to end of meeting – 6.b.] Discuss requirements for fences in Sections 1620.5 and 1620.6 of the Zoning Code (Blaine Breinholt and Zach Leavitt)

  1. Conditional Use Permits/Home Occupation Permits
    a. Hadley Sorensen requested approval of hair salon to be located at 181 North Main (D zone – P2 use) – The facility will have its own restroom access and front and back entrances. Plan to have five total people working, two to three would be the anticipated maximum at a one time. Commissioner White had a Google Earth image pulled up to verify there would be adequate parking, which there was once the parking lot to the west was accounted for.

Commissioner White motioned for approval, seconded by Commissioner Kirshner. Motion passed unanimously, those voting aye included Blaine Breinholt, Josh Peterson, Wes Kirshner, Zach Leavitt and Lisa White

b. Angela Brown to request approval of a Home Occupation Permit allowing her to conduct a business called Sunee Soles Foot Zoning. This item was tabled. Motion by Commissioner White, seconded by Commissioner Leavitt. Motion passed unanimously, those voting aye included Blaine Breinholt, Josh Peterson, Wes Kirshner, Zach Leavitt and Lisa White.

c. Emma Leavitt requested approval of a Home Occupation Permit allowing her to conduct a business called Nails by Emma to be located at 296 West 200 South (R1-10 zone – C-1 use).

Leavitt is going to do nails out of home. She presented a letter from homeowner (her mother) allowing the business to be located in the home. The business would have just one employee and one client at a time.

Commissioner Leavitt motioned to recommend for approval, seconded by Commissioner White. Motion passed unanimously, those voting aye included Blaine Breinholt, Josh Peterson, Wes Kirshner, Zach Leavitt and Lisa White

  1. Project Review
    a. Review and consider recommendation of approval for Trailhead Resort project.
    Todd Riches proposed a short-term/extended stay/mixed use development at 1300 South and 500 West (CG zone and a C-2)

Riches said the goal is to own the complex, which is designed to hit the middle ground of having more space than a hotel with more amenities than a typical Airbnb. Mr. Riches reviewed with the commission the following notes provided by the Development Review Committee:

  1. Curb, gutter, sidewalk and asphalt street and shoulder along property frontage along 1500 South and 500 West as part of this project.

Mr Riches said this would be fine.

  1. Street lights – There will be two street lights required. The first on the corner of 500 West and 1500 South. The next will be required approximately 400 feet to the north.

Riches said this is fine.

  1. Fire hydrants – One fire hydrant will be required at the north end of the development.

Mr. Riches asked if the hydrant planned to be near the entrance of the facility would be adequate as it was strategically placed to give firefighters maximum access to both primary buildings on the property. The commission felt this is something the fire chief should approve.

  1. Water line – The water can be accessed on 1500 South and will need to be located in the public right-of-way (under the street). It will be required to run to the north building. Water will run on the west side, sewer on the east.

Riches said he is fine with this and the sewer line, but asked if he and the city could have a development agreement stating when the property to the west develops, he could recoup some of the expense as it would service both properties. City Manager Jolley said there is established precedent for this, but it would be the responsibility of the developer to have the agreement drafted and presented to the city council. The agreement would have to be approved by the city council.

  1. Sewer line – The sewer line can be accessed on 1500 South. It will need to be located in the public right-of-way (under the street) and run to the north building. Sewer will run on the east side of the waterline. (See previous item)
  2. French drains – There is a drain tile running through the approximate midpoint on the property. If excavation hits this, it will need to be rerouted so drain water can continue downstream.

Mr Riches said he was unaware of the drain tile that runs through the center of the lot due to a lack of an easement and is worried about the additional cost it may cause the project. The clay drains are over 100 years old, moving groundwater from east to west and can reach as far as 10 feet under the ground. Riches said depending on how deep it is, it could cause a problem as they dig to install water retention structures for the parking lot

Chairman Peterson said the project engineers would have to look at it, but if it’s disrupted and not addressed it would likely result in flooding on the property.
Commissioner Breinholt said the drains are more active during high water years and that there is a need for them in the area. He said he had a relative who once had a job clearing the roots from the drains.

Commissioner Kirshner said the drains do serve a purpose.

Riches said he would like to explore the possibility of rerouting it to the south to 1500 South and reconnect it to the drain tile down the line to the east.

  1. FAA regulations – The property lies within the airport protection zone. As such FFA Form 7460-1 will need to be filed, as well as an avigation agreement/acknowledgement for air traffic in the area.

Riches said his FAA requirements are met. City Manager Jolley suggested an avigation agreement also be required due to the noise caused by the operation of the airport.

  1. Geo technical report – A geo technical report will be required.

Riches said this is taken care of.

  1. Fees – this project is subject all applicable impact fees, engineering review fees and materials testing fees.

Rich said this is understood.

  1. SWPPP – Stormwater Pollution Prevention Plan is required. Riches said this is in the process.
  2. Irrigation – Note there is an irrigation pipe/structure at the north end of the property which needs to be capped or otherwise addressed. Riches said the pipe would be capped and removed as his property was the current endpoint of the irrigation.
  3. Offsite drainage – Design will need to show offsite drainage plan. No comments were offered.
  4. Road signage – Stop signs at each exit from the property and street signs once addresses are assigned by the county.

Riches said this can be completed.

  1. Road damages – Developer will be responsible for any road damages incurred during the construction of the development.

Riches said this is understood.

Chairman Peterson said there is a barbed wire fence on UDOT property near 1300 South, and it would be best to not disrupt it. Riches agreed.

The development also has plans for general retail, such as a convenience store, but the ultimate tenant has not been defined at this point. There will also only be one mail delivery address for the management at the property. Riches said plans call for two structures for garbage receptacles, the location of which haven’t been finalized at this point and would be in the finalized plans.

Plans call for a north entrance for utility purposes. Chairman Peterson said as long as it is a controlled access, it likely won’t trigger UDOT concerns due to its proximity to 1300 South. Riches said plans are not complete, and the north portion of the development is still subject to significant revisions, which are in the process. This could mean the north access may shift from its currently planned location.

Riches said he wanted some kind of approval so he could get started on the project.

Commissioner White motioned to approve the southern 2/3 thirds of the established plans for the project subject to all DRC comments being resolved. Commissioner Breinholt seconded the motion, which passed unanimously. Voting aye were Blaine Breinholt, Josh Peterson, Wes Kirshner, Zach Leavitt and Lisa White.
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b. Villa 647 Preliminary review of demolition/reconstruction of facility at 647 South Main Street. (RM-24 and C-2)
Architect Guilford Rand presented what he described as an extremely preliminary concept for the tear down and replacement of the building at 647 South Main.

The concept is to replace the current hotel, which was heavily damaged by a fire, with a facility that would include both one- and two-bedroom apartments. All would have kitchens, more multi-bedroom units and storage.

Parking is available for 39 units. The density for the lot is 36 units max per the zoning ordinance.

The insurance from the fire has been settled, however, the terms of the settlement were not disclosed. There is also $1 million from a state grant are available for the project. The property owners want to move forward and get it demolished. Almost every unit in the previous structure on the property had a family in it, so the hope is this design will be compatible with family unit type of use. There are also funds potentially available through the Olen Walker Housing Fund.

The plan is to maintain career and counseling services in the building. Staff on site would include a site manager, after hours personnel and a case manager. There is a possibly of four to six staff on site at all times. Income is 60 percent AMI [area median income]. The project’s representative, Keith Warburton, said he may try and get rid of income requirement as it would preclude some ex-military personnel from qualifying to live in the facility.

Commissioner White said there are details that will need to be sorted out, but she is generally in favor of the project. The commission agreed.

  1. Minutes Approval
    Consider approving minutes of May 3, 2023. Commissioner White suggested several changes. White motioned to approve the minutes with the noted changes. Commissioner Kirshner seconded the motion, which passed unanimously. Voting aye were Blaine Breinholt, Josh Peterson, Wes Kirshner, Zach Leavitt and Lisa White.
  2. Return to 2 b. Discuss requirements for fences in Sections 1620.5 and 1620.6 of the Zoning Code (Blaine Breinholt and Zach Leavitt)
    Commissioner Breinholt said they went through codes of different cities, but didn’t find much. He said instead of specifically stating masonry, there are other options available for fencing that is of similar quality/durability such as stamp concrete, composites and other options.

Commissioner Leavitt said the only material they read about in other ordinance they wanted specifically disallowed for fences between commercial and residential is wood. He said Salt Lake City’s code was one of the sources they reviewed. Leavitt suggested adopting an ordinance based on the Salt Lake ordinance that says which materials are allowed and which materials are not.

Commissioner White said the salient qualities such as visual obstruction, noise buffering, being non-scalable and durable should be the driving factors of the ordinance rather than spelling out specific materials. White said whatever material used should also be intended for fence construction – no scraps should be used in fence construction.

Commissioner Leavitt said the ordinance could state which materials can be used as long as they provide the qualities outlined by Commissioner White and the materials are durable. Commissioner Peterson said he’s in favor of it as long as it spells out the disallowed materials.

Commissioner Breinholt said the stipulation of low maintenance should also be included.

Commissioner White said if people want a high maintenance fence, that should be their choice. Commissioner Kirschner said the durable portion of the wording would likely result in lower maintenance materials.

Commissioner Breinholt said while some people may opt to have a fence that needs regular maintenance, the reality is that most people will not maintain it once it’s erected. He said height requirements currently in code should also remain in place.

Commissioner Leavitt said the attorney can draft language that spells out the salient characteristics the commission wants to ensure are part of the ordinance.

The commission felt chain link, wood, scrap materials, metal roofing panels, corrugated sheet metal, tarps, plywood and other materials not of a durable nature should be specifically disallowed for commercial/residential buffer zones.

  1. Other Business
    Zach Leavitt – Zoning Map Demo.
    Commissioner Leavitt is working with the state of Utah’s Housing and Community Development Division in piloting a new program that would integrate municipal zoning codes into a GIS program.

His demonstration illustrated the program would allow for quick and easy access for staff and the public when it comes to zoning questions. The program would allow easy ways to include zoning buffers.

It could also be utilized to track all types of data, such as high-density housing and the number of short-term rental properties in each portion of the city. It would also allow for site analysis for elevation and drainage. Leavitt said the plan is to pilot the program in Richfield. It would be the city’s program, maintained by city staff to make sure it is updated. It would even incorporate building standards, such as number of required parking spots. The city would have a license for the software.

Chairman Peterson said it is important to remember when looking at plats on GIS, there is a possible 15- to 20-foot margin of error on property lines as well as zoning boundaries.

Commissioner Leavitt said there would be some cost to the city – approximately $2,500 a year plus an additional fee for the license – but there is also a possibility of porting the program over to an open-source program.

  1. Adjournment
    Moved by Lisa White, seconded by Zach Leavitt. Motion carried by unanimous roll call vote. Voting aye were Lisa White, Blaine Breinholt, Josh Peterson, Wes Kirshner and Zach Leavitt.

PASSED AND APPROVED on the 5rd day of July, 2023.

David Anderson__________________
Deputy City Recorder