COUNTY OF SEVIER CITY OF RICHFIELD July 10, 2024

At the Planning Commission

In and For Said City
July 10, 2024
Minutes of the Richfield City Planning Commission meeting held on Wednesday, July 10, 2024, at 6:00 p.m., Chairman Josh Peterson, presiding.

1. Roll call
2. Conditional Use/ Home occupation permits
3. Annexations
4. Subdivisions
5. Public Hearings
6. Action on public hearings
7. Discussion Items
8. Minutes approval
9. Other Business
10. Adjournment
11. Roll Call.
    Present: Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, Zach Leavitt, Wayne Cowley. Wes Kirshner was excused.
    Ron Meacham, Tyson Hansen, Florine Meacham, Donavan Allen and David Anderson were also in attendance. Kendall Welch and Cal Johnson attended virtually.
12. Conditional Use Permits/Home Occupation permits
    a. Florine Meacham – Grandfathered in as a rental for almost 70 years. She asked why she needs to have a conditional use permit. Chairman Peterson asked if the property had been used as a short-term rental. Meacham said it has not, but that her last renter trashed the house, so she wants to try the short-term model to see if home won’t be destroyed by the clients. She said it is ridiculous that she has to apply for a conditional use permit because AirBnBs are wide spread. She asked why she is required to have a conditional use permit.
    Deputy Clerk Anderson explained that the other short-term rentals in the city are also required by have the conditional use permit.
    Meacham said she was told she didn’t need to have a business license. Chairman Peterson explained that AirBnB operators are required to have a conditional use permit, and have a business license. He said the city does limit the number of short-term rentals in its boarders so they don’t overrun the city and create a housing crunch, as in other communities have had to deal with such as Moab, Panguitch, Tropic and Bryce.
    Meacham said the city told her she didn’t need a business license. Chairman Peterson explained the planning commission operates separately from the city staff.
    Commissioner White said the change from a long-term rental residence to a short-term stay accommodation makes it a completely different use.
    Deputy Clerk Anderson said the process would be surprisingly simple if the planning commission were allowed to ask its questions about the property. Commissioner White said it just requires a very simple, civil conversation. The home has two bedrooms and one bath upstairs that will be used for the short-term rental.
    Meacham said she is also upset because the city “stole” part of her front yard and ripped out the curb and gutter the install a sidewalk, and never reinstalled the curb and gutter. Commissioner Breinholt said that would be an issue to take up with the city staff, not the planning commission.
    Commissioner White said there has to be adequate off-street parking as well as house numbers that are easily visible. There is a basement dwelling as part of the home. That will remain a long-term rental. There is parking available for both units.
    Motion: Approve the request for a conditional use permit for a home located at 136 N. 300 West, Action: Approve, Moved by Blaine Breinholt, Seconded by Zach Leavitt. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, Zach Leavitt and Wayne Cowley voting aye. Wes Kirshner was excused.
    b. Dustin Nielsen addressed the commission about moving an Ax Throwing business to a building located at 680 South Cove View Road. The business is currently in a warehouse facility along Mulberry Lane. Nielsen has purchased the old Pepperbellies building and plans to section a portion of it off for the Ax Throwing and locating a restaurant in the remaining portion of the building.
    Commissioner White asked what the park requirements would be for an ax throwing business. Nielsen said he has more parking at the new location than the former one. Commissioner Breinholt said there are only so many people who can participate, so three to four spaces would be adequate.
    Commissioner Cowley said they will need to account for the for the restaurant’s parking as well.
    Commissioner Anderson asked if the lot had been separated. Jim Holt, the former owner, did have the lot subdivided so he could use a portion of the property for a future development.
    They would need eight spaces for the commercial recreation portion of the facility, Commissioner White said. She said parking for the restaurant would be determined either by the number of seats or gross floor area. Nielsen said he would have eight booths in the restaurant, resulting in a total of 16 required parking stalls in total. The lot easily fulfills that. The hours of the business are 4 p.m. to 10 p.m. on weekdays and 4 to midnight on Saturdays. Motion: Approve a conditional use for Dustin Nielsen to operate at ax throwing business at 680 South Cove View Road. Action: Approve, Moved by Blaine Breinholt, Seconded by Lisa White. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, Zach Leavitt and Wayne Cowley voting aye. Wes Kirshner was excused.
    c. Cal Johnson to discuss the addition of a drive-through window at the Richfield Costa Vita location. The business is going to remodel and renovate the northeast corner of the site, reconfiguring the parking to establish a drive-through lane with a pickup window. The site plan submitted by Johnson showed the plan. Even with the reconfiguration, the site still exceeds the minimum parking requirements. The trash enclosure stays exactly as it is, as does the majority of the rest of the site. The addition includes a pickup window and a menu board on the north part of the drive through lane.
    Commissioner White said the location of the menu board could result in cars stacking up into the parking area. She asked if it could be moved to the east side to allow for more stacking of cars waiting to order, perhaps on the east side. Gary Moore, owner of the Costa Vita, said the plan was designed to create the least amount of disruption possible. He said they would like to have between four to six cars between the menu board and the pickup window, so the is an ability to do that. The menu board could be moved to where the fourth car would be.
    Commissioner Leavitt said there is a requirement for 60-feet for up to three cars to stack in a drive-through. Chairman Peterson said it looks like it could be a tight turn. It was modeled with a Ford F-150, which made it no problem. The Ford F-350 was also modeled, and it made it as well. The last thing that is wanted is a drive-through that people can’t use. He said a sign at the entrance saying, “No Trailers” would also help.
    Commissioner White said moving the ordering board would allow for three cars stacking between the window and the board, and the board and the entrance to the parking lot. Moore said he didn’t see a problem with moving the ordering board.
    Motion: Approve the addition of a drive-through window at the Costa Vita Richfield location with the proposed change in the menu board location. Action: Approve, Moved by Lisa White, Seconded by Blaine Breinholt. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, Zach Leavitt and Wayne Cowley voting aye. Wes Kirshner was excused.
13. Annexations – This item was tabled at the request of the applicant.
14. Subdivisions
    a. Tyson Hansen requested approval of a subdivision of a lot where he and partner Donavan Allen are planning to build to a four-plex, approximately 150 South 100 East. By having them sold individually, they would be able to be built without fire suppression. If individually owned, they would be required to have a pressurized fire suppression system.
    Utility plan and Landscape plans were mailed tonight. Hansen said he would like to get the legislative portion done now. The project is still in need of completion of the technical review. A site plan showing the preliminary plat was shown to the commission. Hansen showed how the drainage on the site is designed to work, draining from the east to the southwest corner. The shared access required on the south side of the lot has been recorded against the deed of the property. Chairman Peterson asked if it would be acceptable to make the subdivision approval conditional upon completing the technical review.
    There is also a common area that will be owned jointly by those who purchase the town homes. Deputy Clerk Anderson said the xeriscape proposal needs approval as part of a landscape plan (17.12.070) and asked if there would be any green space – not necessarily grass. He said additional green space may help address some of the neighbors’ concerns.
    Hansen said if the city wants more green space, they would be agreeable to it.
    Commissioner Leavitt said if the subdivision were approved it would allow them to move onto the next phase.
    Also, there will be a shallow gutter that runs along the front of the units to help carry water to the west where the water retention is slated to be located. Hansen showed the commission a part of the drainage plan and how it is designed to flow.
    Commissioner White asked about lot size concerns. This one would be a subdivision similar to a condo. Donavan Allen said this is essentially a HUD, although that terminology isn’t used by the City.
    Chairman Peterson asked about curb and gutter along the street. It is already installed.

Motion: Approve the subdivision application filed by Tyson Hansen and Donavan Allen. Action: Approve, Moved by Lisa White, Seconded by Wayne Cowley. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, Zach Leavitt and Wayne Cowley voting aye. Wes Kirshner was excused.

5. Public Hearings
   a. Zoning Ordinance Amendment – Chairman Peterson opened the public hearing at 6:45 p.m. No comments were made, and Chairman Peterson closed the hearing at 6:45 p.m.
   b. Subdivision Ordinance Amendment – Chairman Peterson opened the hearing at 6:46 p.m. Hearing no comment he closed the hearing at 6:46 p.m.
6. Action on public hearings
   a. Zoning Ordinance Amendment – All mixed-use will follow RM-11 density limitations.
   Chairman Peterson said there was confusion concerning a portion of the ordinance that made it so that the density was defined by the next contiguous zone. This proposed ordinance says any mixed-use is to just use the RM-11 density as the maximum density.
   Commissioner White asked why the it was decided to go with RM-11 rather than RM-24. The commission didn’t want to create competing RM-24s so there wasn’t a way to meet the distance, said Chairman Peterson. Commissioner White asked if there were a maximum acreage of a mixed-use development.
   It would have to follow all RM-11 requirements, Chairman Peterson said. Commissioner White said if that is the case, it should be spelled out.
   Commissioner Leavitt asked if the ordinance should say, “No mixed use shall exceed the specifications of an RM-11 zone.” Chairman Peterson said perhaps it should say it should say it will follow all RM-11 requirements.
   The RM-11 requirements automatically include the density and maximum number of units, Commissioner White said. She said the ordinance should be changed to say that.
   Chairman Peterson said these types of developments are not going to meet the open space requirements. It’s better to require open space. Parking lot space doesn’t count as open space.
   Commissioner White said she wants to make sure that the City does not inadvertently open the door to huge RM-11 developments under the guise of a mixed-use by not being specific with what the ordinance says.
   The commission addressed open space and the size of developments in the update to the RM-11 ordinance. The recommended ordinance updates also included stipulations for open space.
   Commissioner Leavitt said if an ordinance is in progress, it will catch future developments and make sure they don’t exceed the new RM-11 specifications.
   Deputy Clerk Anderson said the changes proposed by the ordinance that’s under consideration were aimed at discouraging large scale single-owner developments.
   Commissioner White said it is better to require open space as a way to start a conversation. That is unless there is something in the ordinance that says parking lots cannot be counted as open space.
   The ordinance should state that no mixed-use shall exceed the development requirements of the RM-11 zone. Motion: Recommend approval with the noted change in the verbiage stating that no mixed-use shall exceed the specified development requirements of the RM-11 Zone. Action: Approve, Moved by Lisa White, Seconded by Zach Leavitt. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, Zach Leavitt and Wayne Cowley voting aye. Wes Kirshner was excused.

b. Subdivision Ordinance Amendment – Kendal Welch explained that the reason for the changes to the subdivision ordinance is that the Legislature made several changes at its last session.
The bill, HB 476, was to help clarify the confusion that came after the mass confusion that resulted from SB 174 the previous year. SB 174 established an administrative land use authority for single family, two family or townhome subdivision type applications. The big changes include clarification on the review cycle and when it comes into effect. It now has better guidance as to when the review cycle comes into play. Basically, it clarified the four review cycles come into play when it comes to subdivision improvement plans. Those subdivision improvement plans can only be required at preliminary or final – they can’t require at both. Part of the changes require the plans for those subdivision types with the final plats. They are very technical reviews, so it lends itself to being part of the final plat process.
Also, some clarification as to land use authority was added. The final plat approval, which used to be the planning commission, is now the responsibility of staff. It can no longer be the planning commission. There are also a lot of red lines to help fill out the subdivision ordinance to help make sure processes are defined, and that there are ways to enforce it. Some of the language in 17 was brought into 16 to help enforce the needs of the ordinance. The city will have to decide on when it wants to collect the improvement plans.
Part of this is to make sure processes are defined and enforceable, Welch said.
Motion: Recommend approval of the subdivision amendments as presented, Action: Approve, Moved by Lisa White, Seconded by Zach Leavitt. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, Zach Leavitt and Wayne Cowley voting aye. Wes Kirshner was excused.

7. Discussion Items –
   a. Yard Sales – Discuss setting limits on yard sales in residential zones. Commissioners White and Breinholt asked if yard sale duration has been a problem.
   Deputy Clerk Anderson said there has been an ongoing issue with a home on Morris Drive that hosts yard sales every day in the summer, resulting in added traffic on a narrow street and a yard that is constantly full of items for sale.
   Chairman Peterson asked how it would be policed. Deputy Clerk Anderson said it would have to be done on a complaint basis.
   Essentially the city doesn’t care if someone does an occasional yard sale, but it should not become a business. Commissioner White said she likes the Orem ordinance that was provided when it comes to yard sales.
   Signs are the other part of the yard sale issue. People place yard sale signs in the public right-of-way and on public property, even though there is a place set aside for yard sale signs in front of the Napa Auto Parts. However, the city is likely going to be revisiting its sign ordinance later this year.
   Sometimes businesses are putting signs around town, screwing them onto trees.
   Commissioner Breinholt said he also likes the way the Orem ordinance is written.
   Springville has three days and two sales, Orem has two days and three sales. Commissioner White said one a quarter would be plenty for anyone who needs to do yard sales.
   Chairman Peterson said perhaps it be defined as a sale that is allowed for 48 hours. He said once a month.
   The commission landed on the limit of one yard sale per quarter is allowed to last no more than 72 hours.
8. Minutes Approval – Motion: Approve the minute of the June 5, 2024, meeting. Action: Approve, Moved by Blaine Breinholt, Seconded by Branden Anderson. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, Zach Leavitt and Wayne Cowley voting aye. Wes Kirshner was excused.
9. Other Business – None.
10. Adjournment – Motion: Adjourn the meeting. Action: Adjourn, moved by Chairman Peterson seconded by Commissioner White. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, Zach Leavitt and Wayne Cowley voting aye. Wes Kirshner was excused.