At the Planning Commission In and for said City February 5, 2025, Minutes of the Richfield City Planning Commission meeting held on Wednesday, February 5, at 6:00 p.m., Chairman Josh Peterson, presiding.
- Roll Call.
Present: Josh Peterson, Blaine Breinholt, Branden Anderson, Lisa White, Zach Leavitt.
Excused: Wayne Cowley and Wes Kirshner.
Also, Devin Squire, Michael Hansen, Mark Jensen, Nancy Jensen, Lance Jensen, Katie Jensen, Marnee Winn and Deputy Clerk David Anderson - Conditional Use permits –
a. A&D Jensen requested a conditional use to place four cargo containers on their property at approximately 1513 South Airport Road. A C-1 Use in an MG zone.
Lance Jensen addressed the Commission with the request. He said the company would like to put the containers on their property to protect some tools and product. The initial request was for two, but now the company would like to bring in four. There is already one on site that was there prior to A&D being annexed into the City. The maximum number of containers is five, according to the code.
Chairman Peterson asked where the containers would sit.
The containers would sit behind the Athenian Academy, away from any roads.
The ordinance allows them to put the containers on their property depending on the number of acres with one allowed per acre, with a maximum of five of the containers. The site is 11 acres.
Commissioner Leavitt said as long as they are not visible from the road or in a fire lane or access, they are allowed.
Chairman Peterson asked if the one existing container would count toward the total. Deputy Clerk Anderson said to his understanding it would.
Commissioner White asked if they would be placed on a stable base. The containers would be put on a 6-inch concrete base, according to Jensen.
The containers would be 40-foot units.
Motion: Approve four cargo containers on property, Action: Approve, Moved by Blaine Breinholt, Seconded by Lisa White. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Josh Peterson, Blaine Breinholt, Branden Anderson, Lisa White, Zach Leavitt.
Excused: Wayne Cowley and Wes Kirshner.
b. Devin Squire – To request a deferment of improvements (shoulder, curb, gutter, sidewalk) on a lot located at 358 E 100 N.
Squire said his plan is to build a home on the lot, which currently has no sidewalk, curb, gutter or asphalt shoulder. However, it does have an irrigation ditch that runs along the front of it. The lot is already non-conforming due to its size. If it were to be finished with all required improvements, it would be stand alone.
Chairman Peterson said the Commission doesn’t have the authority to give a deferment, only to make a recommendation to the City Council. The authority to give a deferment rests with the City Council.
Commissioner Anderson said the curb and gutter on the lot in question may not be appropriate, but a sidewalk could go in regardless of any other improvements, at least there would be something there for now. The city still needs to start somewhere to get things in, and the sidewalk would be a good place to start.
Commissioner Breinholt said something should be done with the irrigation, which is quite deep. It has to be taken care of and has been in other parts of town. The reason the ordinance was put together was so that these types of things could be addressed.
Commissioner Leavitt said as long as the ordinance is in place, he is opposed to granting waivers. It is part of the city’s storm drainage plan and it needs to start somewhere. It is how the city can take care of infrastructure. It does add expense that’s not desirable to those putting in homes.
Commissioner White said the irrigation ditch can’t be sorted out piecemeal. She said the sidewalk makes sense, but not the curb and gutter.
Commissioner Breinholt asked what should be done with the irrigation. The irrigation ditch is piped at the intersection of 300 E and 100 N for several feet. Why not require it to continue? Why stop the infrastructure in certain parts of town and let it go?
Commissioner White asked who pays for the piping?
There is a City program where property owners can buy pipe and the City will install it, said Deputy Clerk Anderson.
Chairman Peterson said he doesn’t care what the ordinance or rules are as long as the City treats everyone the same. The past four or five lots that have come in like this, the City Council has agreed to wave it, but has required sidewalk. However, if the City is going to defer every single time, why have the ordinance. Perhaps the ordinance is a little steep.
Commissioner Breinholt said the ordinance has been the same for 30 years and has been working well, but the current city council has voted not to hold people to it.
Chairman Peterson said he doesn’t like putting in curb and gutter if it’s not aligned with other curb and gutters. Commissioner Brienholt said it’s not too hard, the drainage line can be established by the city engineer. The engineer sets the grades and the line.
Squire asked if there is someone to talk to about pipe size and what would be needed. Deputy Clerk Anderson said he would have to speak with the City’s public works director.
Commissioner Anderson asked if the City would like to start working with people like this who are trying to build a home, and if it would be willing to help with the installation of the improvements. Deputy Clerk Anderson said the challenge is that the city’s budget is allocated, and there isn’t money available without taking it away from some other department.
Commissioner Breinholt asked why have the ordinance if it just gets waived every time?
Commissioner White said the ordinance in its current form isn’t working. It doesn’t make sense to have a pipe that doesn’t align or a sidewalk that goes nowhere.
Squire said another thing to keep in mind is that if the ditch is piped, the storm water it handles may cause problems without the curb and gutter. His plan would be to pipe the driveway, 10-16 feet worth.
Motion: Recommend to the City Council that Squires be required to put in sidewalk, but difer the other improvements until such a time as the rest of the block is improved, Action: Approve, Moved by Lisa White, Seconded by Branden Anderson.
Vote: Motion failed (summary: Yes = 3, No = 2). Yes: Branden Anderson, Josh Peterson, Lisa White. No: Blaine Breinholt, Zach Leavitt. Excused: Wayne Cowley, Wes Kirshner.
Motion: Recommend to the council that this request be treated the same as other deferment requests , Action: Approve, Moved by Zach Leavitt, Seconded by Lisa White. Vote: Motion passed (summary: Yes = 4, No = 1).
Yes: Blaine Breinholt, Josh Peterson, Lisa White, Zach Leavitt. No: Branden Anderson. Excused: Wayne Cowley, Wes Kirshner.
Mark Jensen, resident, said he feels the city should put curb and gutter down as it completes street projects.
- Zoning code amendment discussion
a. Discuss possibility of amending code 17.13.240 as it affects the requirement for preexisting lots to install asphalt shoulder, curb, gutter and sidewalk improvements.
Chairman Peterson said he would like to see some information on how other cities have their ordinances written. He said he feels the current ordinance doesn’t read well, and should to be changed. What qualifies as a preexisting lot? How long will it have to have been there to qualify as such?
Commissioner Breinholt said the ordinance has worked well for 30 years. The city engineer can draw the line and stake out the elevations – it’s not a big deal.
Micklane Farmer, city engineer with Jones and DeMille, said his company could help come up with some different verbiage and see if there are some options to look at. Perhaps some type of scoring system could be implemented to make the determination of which lots are required to do the improvements, and which are not. In that way it would help make the process more impersonal and could be handled on an administrative level.
Chairman Peterson said that could be a good place to start so they don’t have to chase the issue in circles.
Commissioner White said it should still allow for some decision-making power for city council to weight the factors.
Chairman Peterson said some type of metric that allows for the elimination of any personal bias would be preferable.
b. Storage Containers – Discussion on whether allowances should be included in the code for containers that are converted into other uses, or that have a facia on them. This would include section 17.14.300 of the zoning code.
Deputy Clerk Anderson said this is an issue that’s arisen several times in recent weeks. He said staff is not in favor of making the change, but he did commit to asking the planning commission their opinion on the issue.
One request was to take a storage container that had been converted and use it as a drive-up coffee shop.
Commissioner White asked what the difference is between that and The Perk in the Ogden’s parking lot. Container homes are something that are trending on different online forums currently.
Deputy Clerk Anderson said by the time a facia is built around a shipping container, it’s likely going to cost as much as a conventional shed.
Chairman Peterson said he feels the issue is a hard no as it opens and entire box of worms. People will bring them in and never complete the project.
Commissioner White said storage container homes are becoming the new modular homes. By the time the conversions are done, it may not save money in the end, but it’s not up to the city to determine how people spend their money. As long as it is aesthetically compliant, she’s not against it.
Commissioner Breinholt said the city no longer allows trailer homes in town.
Deputy Clerk Anderson said trailer homes may be more akin to storage containers as homes. It is a new trend, but the long-term effects on property value likely haven’t been determined. The City isn’t trying to be mean, but it does have the responsibility to protect property values and the nature of neighborhoods.
Commissioner White said there are ways to direct the outcome, without just saying no. A storage container with a facia and roof on it wouldn’t be that different from a metal shed.
Commissioner Breinholt said his brother-n-law did that exact thing.
Commissioner White said on Pinterest, people use shipping containers to build homes.
Chairman Peterson said the City shouldn’t be chasing trends.
Commissioner Breinholt said he is not in favor. Commissioner White said she has no issues with looking at options.
Commissioner Anderson asked if the containers could be structurally stamped? How do you do that? He said he doesn’t mind looking at options, but doesn’t want to cause open up an issue that could cause problems. Commissioner Leavitt said if it were allowed, it would have to be compliant with building codes.
Commissioner White said she’s against telling people absolutely no, and there are ways to allow people to innovate in unconventional building materials, as long as it’s structurally, and aesthetically sound.
Chairman Peterson said he feels the city should not be chasing trends, and should wait and see how other communities deal with it. Every time you make an ordinance or modify an ordinance, you have to make two more in support of it. He feels the city had finally got a good hold on containers, and this would open up another world.
Commissioner Anderson said he has seen in other communities the use of container homes. There is a different look to them, and don’t look like the storage containers typically seen around here.
Commissioner Leavitt said those in other areas have a process they go through making them into homes so that they are able to comply with building codes.
Commissioner White said making it so that they have to comply with building codes and requiring them to be aesthetically compliant would resolve a lot of the issues.
Micklane Farmer suggested asking if the building department has a way to inspect it, before adopting something. It would be good to consult them and see if they are equipped to do so. If not, it’s not a good idea.
Chairman Peterson said to talk to the building department before further discussion about modifying the ordinance.
- General Plan Update Work session
a. Michael Hansen, Rural Community Consultants, discussed the progress on the general plan. He presented some maps and asked for some clarification as to how the city wants to handle the zoning of governmental and institutional buildings. The commission also discussed what is public and what is private on a zoning map Hansen presented.
The new plan will also likely have some additional language laying the groundwork of a city water conservation plan. - Minutes approval
a. Motion: Approve the minutes of the December 5, 2024, meeting with the noted correction of adding Commissioner Leavitt to all the votes. 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 and Wayne Cowley were excused.
b. Motion: Approve the minutes of the January 8, 2025, meeting. 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 and Wayne Cowley were excused.
c. Motion: Table approval of the minutes of January 22, 2025, Action: Table, 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 and Wayne Cowley were excused. - Other Business – Commissioner White said she is going to have to resign due to new demands from her job.
Commissioner Leavitt said he may also have some time constraints forcing him to be in Salt Lake City. - Adjourn –Adjournment – Motion: Adjourn the meeting. Action: Adjourn, moved by Lisa White seconded by Blaine Breinholt. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Brandon Anderson, Lisa White, and Zach Leavitt voting aye. Wayne Cowley and Wes Kirshner were excused.