At the Planning Commission
In and For Said City
February 7, 2024Minutes of the Richfield City Planning Commission meeting held on Wednesday, February 7, 2024, at 6:00 p.m., Chairman Josh Peterson, presiding.
Roll Call
- Conditional Use Permits/Home Occupation Permits
a. Tyson Curtis to request permit to install a drive-through window at 1208 S. SR 118 (the former Pizza Hut facility). This is a C-2 Use in a Commercial General Zone.
b. Taylor Dunbar to request a conditional use permit to operate an esthetician treatment business called Tdunbar Esthetics at her home located at 835 S. 1030 West. This is a C-1 Use in an RM-11 Zone.
c. Skyler Perry to request a conditional use permit for a small engine repair shop out of his garage at 39 South 400 East. A C-1 use in an RM-11 zone.
d. Mark Dean – To request the expansion of a nonconforming use by enclosing an existing carport at his home at 228 South 200 West.
e. Brittany Morris to request a conditional use permit for a nail salon called Creatively Beautiful at her home at 565 North 300 West. This is a C-1 use in a R1-10 zone. - Public hearings –
a. Receive comments on proposal to remove future expanded RM-24 zones from the general plan zoning map.
b. Receive comments on modification to the zoning code, removing the 3,000-square-foot size restriction on canopies for convenience stores. This would modify table TABLE 31-2 of the city zoning ordinance.
c. Receive comments on General Plan amendment to change future zoning map between 400 West and Cove View Road, and between Franklin Spencer Avenue and 800 S. to allow lot parcels, 1-7A-5, 1-7A-6, 1-7A-9 and 1-8A-19 to be changed from residential to CS commercial shopping, and allow parcels 1-8A-5, 1-8A-75 and 1-8A-7 to be changed from commercial shopping to residential.
d. Receive comments on recommending approval of a zoning changes between 400 West and Cove View Road, and between Franklin Spencer Avenue and 800 South on 1-7A-5, 1-7A-6, 1-7A-9 and 1-8A-19 to be zoned CS commercial shopping, and allow parcels 1-8A-5, 1-8A-75 and 1-8A-7 to be zoned RM-11. - Action on Public hearings –
a. Consider recommending proposal to remove future expanded RM-24 zones from the general plan zoning map.
b. Consider recommending modification to the zoning code, removing the 3,000-square-foot size restriction on canopies for convenience stores. This would modify table TABLE 31-2 of the city zoning ordinance.
c. Recommend approval of General Plan amendment to change future zoning map to allow lot parcels, 1-7A-5, 1-7A-6, 1-7A-9 and 1-8A-19 to be changed from RM-11 residential to CS commercial shopping, and allow parcels 1-8A-5, 1-8A-75 and 1-8A-7 to be changed from commercial shopping to RM-11 residential.
d. [Contingent on approval of e.] Recommend approval of a zoning change on parcels 1-7A-5, 1-7A-6, 1-7A-9 and 1-8A-19 to be changed from RM-11 to CS commercial shopping, and allow parcels 1-8A-5, 1-8A-75 and 1-8A-7 to be changed from CS commercial shopping to RM-11. - Subdivision Amendment – Consider recommending a subdivision amendment to plats encompassing all or portions of parcels 1-7A-5, 1-7A-6, 1-7A-9, 1-8A-19, 1-8A-5, 1-8A-75 and 1-8A-7.
- Discussion Item –
- Minutes Approval
- Other Business
- Adjournment.
Roll Call – Commissioners Present: Josh Peterson, Blaine Breinholt, Branden Anderson, Wayne Cowley.
Excused: Lisa White, Wes Kirshner, Zach Leavitt.
Others present: Brayden Gardner, Taylor Dunbar, Brittany Morris, Shelbee Syddall, Tyson Curtis, Mark Dean and Deputy Clerk David Anderson.
- Conditional Use Permits/Home Occupation Permits
a. This item was tabled until later in the meeting.
b. Taylor Dunbar addressed the commission asking for a conditional use permit to operate an esthetician treatment business called Tdunbar Esthetics out of her home at 835 S. 1030 West. Commissioner Cowley asked if there would be enough parking, which Dunbar said there would be.
There would only be one client at a time. There wouldn’t be any excessive garbage waste that couldn’t be handled by the current residential receptacle. As far as parking is concerned, Dunbar said the home is located at the end of a street, with a side street on each side. This will provide more than adequate parking for clients. The business would be located in the home’s master bedroom, which has its own separate patio door, so clients would not walk through the house.
Commissioner Breinholt motioned to approve the conditional use. Commissioner Cowley seconded the motion. The motioned carried with commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voting aye.
c. Skyler Perry requested a conditional use permit for a small engine repair shop out of his garage at 39 South 400 East, which is A C-1 use in an RM-11 zone.
Shelbee Perry addressed the commission on behalf of her husband, Skyler, who wants to have a small engine repair business in a shed in his backyard. The plan is to repair small engines on the side, with one client at a time. Skyler would work on the engines after his regular job’s hours on weekdays and on the weekends, being done each day at 8 p.m.
Commissioner Anderson asked if the operation would be contained within the backyard of the home.
The repair shop would be located in a shed on the property that was originally constructed by the U.S. Forest Service shed, which is well insulated, Shelbee said. It is not anticipated to create a garbage impact.
Commissioner Cowley asked if it would create a noise impact, which Shelbee said it would not due to the high quality of the shed’s construction.
Commissioner Breinholt motioned to approve the conditional use permit. Commissioner Anderson seconded the motion. The motion passed with Commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voting aye.
d. This item was tabled until later in the meeting.
e. Brittany Morris requested a conditional use permit for a nail salon called Creatively Beautiful at her home at 565 North 300 West, which is a C-1 use in a R1-10 zone.
Morris said the home’s driveway has room for up to four cars, with her and her mother as the only drivers in the home. The clients would be able to park in the driveway. Appointments would last between one and three hours. The hours of operation would begin at nine, and end at approximately 2:30 p.m. so that Morris would be able to facilitate taking her children to and from school. Later appointments would only be available after 3:30 p.m. One of the primary concerns is that the home is located across from Pahvant Elementary School, which creates a significant impact to on-street parking during the day, according to Commissioner Breinholt. If the home’s driveway couldn’t be used, it could be an issue.
Commissioner Anderson motioned to approve the conditional use permit. Commissioner Breinholt seconded the motion. The motion passed with commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voting aye.
- Public hearings –
a. Chairman Peterson opened a public hearing to receive comments on proposal to remove future expansion of RM-24 zones from the general plan’s zoning map at 6:15 p.m. Hearing no comments, he closed the hearing at 6:15 p.m.
b. Chairman Peterson opened a public hearing at 6:16 p.m. to receive comments on modification to the zoning code, which would remove the 3,000-square-foot size restriction on canopies for convenience stores. Hearing no comment, he closed the hearing at 6:16 p.m.
c. Chairman Peterson opened a public hearing at 6:17 p.m. to receive comments on amending the General Plan to allow for the future zoning map between 400 West and Cove View Road, and between Franklin Spencer Avenue and 800 to allow all or portions of lot parcels 1-7A-5, 1-7A-6 and 1-7A-9 to be changed from residential to CS commercial shopping, and allow parcels 1-8A-5 and 1-8A-7 to be changed from commercial shopping to RM-11 residential. Hearing no comments, the hearing was closed at 6:17 p.m.
d. Chairman Peterson opened a public hearing at 6:17 p.m. to receive comments on recommending approval of a zoning changes between 400 West and Cove View Road, and between Franklin Spencer Avenue and 800 South of lot parcels 1-7A-5, 1-7A-6 and 1-7A-9 to be changed from residential to CS commercial shopping, and allow parcels 1-8A-5 and 1-8A-7 to be changed from commercial shopping to RM-11 residential. Hearing no comments, the hearing was closed at 6:17 p.m.
- Action on Public hearings –
a. Consider recommending a proposal to remove future expanded RM-24 zones from the general plan zoning map.
Chairman Peterson said this is an item brought to the planning commission by City Administrator Michele Jolley and Police Chief Trent Lloyd. It is an issue that has been discussed by the city council as well as the planning commission. If the zoning is shown on the general plan map, it makes it difficult to turn down an RM-24 development.
Essentially, removing it from the general plan’s future zoning map doesn’t exclude future RM-24 developments from happening, but it does put the city back in the driver’s seat and puts it more on a case-by-case basis.
Commissioner Anderson asked what is currently on the map and what would be removed.
Deputy Clerk Anderson showed the current zoning map, and said the RM-24 that is on it would remain as it is tied to projects that are already approved or underway. However, the future zoning map currently calls for more RM-24 zones, specifically on the areas east and west of the downtown zone. Those would be eliminated from the general plan.
Chairman Peterson said there are currently 650 or so apartment units in various stages of approval or construction in Richfield City.
Commissioner Cowley asked if property is RM-24, you can’t go back to an RM-11. It’s easier to go forward than backward when it comes to number of allowed units as far as current zoning.
Commissioner Anderson motioned to recommend removing expansion of RM-24 zones from the future zoning map. Commissioner Cowley seconded the motion. The motion carried as commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voted aye.
b. Consider recommending modification to the zoning code, removing the 3,000-square-foot size restriction on canopies for convenience stores. This would modify table TABLE 31-2 of the city zoning ordinance.
Commissioner Breinholt said this issue has been discussed at length and motioned to recommend removal of the restriction of canopy sizes in the city zoning code. Commissioner Cowley seconded the motion. The motion passed as commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voted aye.
c. Recommend approval of General Plan amendment to change future zoning map to allow lot parcels 1-7A-5, 1-7A-6 and 1-7A-9 to be changed from residential to CS commercial shopping, and allow parcels 1-8A-5 and 1-8A-7 to be changed from commercial shopping to RM-11 residential.
Commissioner Breinholt said parcel 1-8A-14 was not listed on the notice as changing zones, and 1-7A-5 was listed to go commercial, but should be remain residential.
Parcel 1-7A-5 would remain as residential, said Brayden Gardner, who is representing the Nowers Trust in the property zoning changes. Parcel 1-8A-14 is already commercial and would remain as such.
Gardner offered a summary of what is being changed – Currently the Nowers Trust has approximately 9.57 acres zoned RM-11 and 4.09 acres in CS [Commercial Shopping] zones. If the proposed is approved it would create 8.77 acres in Commercial Shopping and 5.17 acres in RM-11 – in short they are reducing the RM-11 acreage by 4.5 acres approximately.
The specific areas they are changing the zones for breakout as follows – changing approximately 5.75 acres of RM-11 (current zone) to CS and 1.29 acres of CS (current zone) to RM-11. These are not survey quality numbers, they are derived from measuring on the City Zoning map, and should be very close, according to Gardner.
The commission viewed some drawings Gardner and Deputy Clerk Anderson presented as a visual explanation of how the zoning would change.
Commissioner Anderson asked where the access would be to the new parcels. Gardner said all the parcels would have access, either from Cove View Road, or from adjoining property, which will be owned by the same principals once the eventual real estate transaction is complete. The combined commercial parcel would also have access along Cove View Road.
Commissioner Breinholt said 1-7A-5 would not be changed from residential to commercial, it would remain with its current zoning.
Commissioner Cowley made a motion to recommend amending the General Plan to allow the future zoning to match the map presented by Gardner, which includes allowing future rezoning of portions of parcels 1-7A-9 and 1-7A-6 from RM-11 to CS, while parcels 1-8A-5 and 1-8A-7 would be able to be rezoned from CS to RM-11. Commissioner Breinholt seconded the motion. The motion carried with commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voting aye.
d. [Contingent on approval of e.] Recommend approval of a zoning change on parcels allowing portions of 1-7A-6 and 1-7A-9 to be changed from residential to CS commercial shopping, and allow parcels 1-8A-5 and 1-8A-7 to be changed from commercial shopping to RM-11 residential.
Commissioner Anderson motioned to recommend approval of the proposed zoning changes as presented in the map presented by Gardner. Commissioner Breinholt seconded the motion. The motion carried with commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voted aye.
- Subdivision Amendment – The proposed plat amendment would shift the property lines along 1-7A-6 and 1-7A-9, keeping the two parcels in the RM-11 zone as per the proposed zoning amendment. The remainder of parcels 1-7A-6 and 1-7A-9 would be combined with parcels 1-8A-14 and 1-8A-19 as a single parcel to be zoned CS – as presented in the map Brayden Gardner provided.
Commissioner Brienholt motioned to approve the plat amendment as presented by Gardner. Commissioner Anderson seconded the motion. The motion carried as commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voted aye.
2d. Mark Dean – To request the expansion of a nonconforming use. [This item was tabled from earlier in the meeting.]
Mr. Dean requested the expansion of a nonconforming use by enclosing an existing carport at a home at 228 South 200 West.
Mr. Dean said there is an existing carport that he would like to enclose it, but the setback doesn’t allow for it. The neighbors are in favor of the conversion into a garage.
Commissioner Breinholt said this is a grandfathered issue. He said on the board of adjustments, it was a strict “no, no,” but where it’s an existing structure it’s more complex.
There is also a cinderblock structure that straddles the property line.
Commissioner Anderson asked if this is a situation where it was built without permission.
Commissioner Breinholt said the person who built it originally would be about 108 years old now, so it likely predated some of the city zoning codes.
Commissioner Cowley asked about the concept, and what the current side wall of the structure is made of.
One problem is dealing with the fire code, according to Breinholt. He said he doesn’t know what to do as it’s an existing structure.
Commissioner Anderson said he had the same thought concerning fire code.
There is 17 feet from the front of the neighbor’s shed to the back of Dean’s carport so they are not touching, according to Chairman Peterson. He said the roofline, footings and footprint wouldn’t change. The only change is visual with a garage door and the replacement of the green fiber glass material on the south side with an actual wall.
Deputy Clerk Anderson said in the code for accessory buildings, structures can be built in the setback if they include a three-hour firewall.
Commissioner Anderson said he doesn’t see a big fire danger.
Water issues and drainage would remain the same, Commissioner Cowley said.
Chairman Peterson said he’s alright with it as there is already a 3-foot concrete wall holding up the side of the existing structure. The project would improve the home.
Commissioner Breinholt motioned that Dean be allowed to do the enclosure. Commissioner Cowley seconded the motion. Commissioners Peterson, Cowley and Brienholt voted aye, but Commissioner Anderson didn’t vote. As there were not enough votes, the motion failed.
Commissioner Cowley said it is just improvement to the property. However, it is non-conforming, which makes it hard to know what to do, according to Commissioner Breinholt. He said he is in favor of revisiting the issue to give the commissioners more time to evaluate it.
Mr. Dean said one option would be to make the wall of the structure between the properties all masonry. He said the improvements would cleanup the property.
Commissioner Anderson asked if Dean would be able to come back in a month. Dean said he could, and the commission will revisit it during the March meeting.
2a. Tyson Curtis requested a conditional use permit to install a drive-through window at 1208 S. SR 118 (the former Pizza Hut facility). [This item was tabled from earlier in the meeting.]
This is a C-2 Use in a Commercial General Zone.
One thing to be aware of is the lift station for the sewer in that area will have to be replaced, Chairman Peterson said.
The proposed changed would be for a new tenant in the building. Curtis provided a drawing showing where the drive-through lanes, window and intercom would be. Curtis said the potential client is interested in a drive-through window, but wanted to get the approval prior to committing to moving into the building.
Commissioner Anderson asked if it would be a Pizza Hut or something else in the future. Mr. Curtis said he’s not able to say exactly what the building will be in the future.
Commissioner Breinholt motioned to recommend the city council approve the conditional use permit. Commissioner Cowley seconded the motion. The motion carried with commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voted aye.
- Discussion item – Discuss possibility of redefining RM-11 as high-density housing in the general plan. This is an item staff has discussed and wanted the commission’s opinion. It is also a way to open up discussion about what verbiage the commission would like to see changed in the general plan moving forward, according to Deputy Clerk Anderson.
The difference between RM-11 and RM-24 is really just a question of how many stories the building is, as Eagle View is an RM-11 development. Currently, RM-11 is considered medium density in the general plan, but should it be considered high density? Is it the same classification as a duplex, triplex or four-plex?
Chairman Peterson said he liked Commissioner White’s email and her point of finding ways of limiting it. Perhaps this can be done through changing the minimum square footage required.
Currently the RM-24 is capped at 60 units. Chairman Peterson said he doesn’t want to see an RM-11 development with close to the same acreage being close in number of units to RM-24. If 60 can be done with RM-24, and 49 or 50 can be built with RM-11 the city hasn’t accomplished anything with the RM-24, Chairman Peterson said.
Commissioner Breinholt said there isn’t enough planning commission members at the meeting tonight to have a good discussion. He favored tabling the discussion until there are more commission members are in attendance to participate. Tabled until next month. - Minutes Approval
Consider approving minutes of meeting hosted Jan. 3, 2023. Commissioner White submitted the following changes via e-mail – On last month’s notes, page 3, we discussed the fact that we have made changes to the code that should help mitigate the problems we’ve seen in future developments (maximum number of units, distance between, etc.) and the idea that developments that are not already underway have to abide by the new requirements. I think those points are key. Also, in the third section from the bottom, it needs to say “…all the farm land east of town is not swallowed up…” That not is crucial to the meaning of the sentence.
In page five, there is an “itbn” that is an obvious typo, but I’m not sure what it’s supposed to say. I think it’s also important to capture that there is a good likelihood that Ryan would be expanding to the west, which further points to needing to comply with the setbacks because it is a demo and rebuild in a different footprint. Finally, on the bottom of that page, note that we did vote to change the requirements for travel centers as an alternate solution to the canopy/convenience store question.
With those changes noted, Commissioner Brienholt motioned to approve the minutes. Commissioner Cowley seconded. The motion carried with commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voted aye. - Other Business – No other business.
- Adjournment. Chairman Peterson motioned to adjourn the meeting. Commissioner Breinholt seconded the motion. The motion carried with commissioners Josh Peterson, Blaine Breinholt, Branden Anderson and Wayne Cowley voting aye.