COUNTY OF SEVIER  
CITY OF RICHFIELD
 
At the Planning Commission
In and For Said City 
August 2, 2017
 
 
Minutes of the Richfield City Planning Commission meeting held on Wednesday, August 2, 2017, at 6:00 p.m., Chairman Brion Terry, presiding.
 
1.   Roll Call
2.   Minutes Approval:  Consider approving minutes of July 5, 2017.
3.   Conditional Use:
      A.  Consider recommending approval of revised plans for the construction of the
           Paiute Indian Tribe of Utah, Richfield Community Health Center to be located at 
           45 West 400 South (CS zone, C-2 use).
      B. Consider approving the construction of an addition to the Sevier Valley Oil 
           building located at 1890 South Industrial Park road (MG zone, P-2 Use).  
      C. Consider approving a Conditional Use Permit allowing Austin Spencer to 
           construct a fence to a height of 8 feet at his home at 55 West 570 North.  
      D. Consider approving Jorgensen Honda’s request for approval of the construction 
           of buildings to be used as a shop, a trailer repair shop, and storage building at 
           their property at 980 South Cove View Road (C-1 use, CS zone).
4.  Zoning Code Discussion:
      A.  Discuss a Business License and consider approving a Conditional Use Permit 
           allowing Daphne Duhart to conduct a business called Daphne’s Doggies at 692 
           West Ogden Drive (R1-10 zone, C-1 use). 
      B.  Brian Burrows to discuss requirements for a building to be constructed in the 
           Richfield Industrial Park, particularly requirements for exterior finish of Building 
           (MG zone).
5. Conditional Use Permits:
      A.  Consider approving a Conditional Use Permit for a major home occupation 
           allowing Jordan Horton to do auto detailing at his home at 924 West 570 
           South (R1-10 Zone, C1 use.)  
      B.  Consider approving a Conditional Use Permit allowing Anchor Recovery to 
           conduct an outpatient behavioral health services business to be located at 
           72 West Revolutionary Way (CG zone, C-1 use). 
6. Other Business: 
       A. Discuss VRBO and Bed and Breakfasts to be located in residential zones.  
       B. Other items.  
7. Adjournment .  
 
  1.  Roll Call.  Roll call was answered by Brion Terry, Steve Kunzler, Greg Bean, Monte Turner, David Mower, and Lisa White.
 
City Staff Present:   Zoning Administrator Gaylen Matheson and Deputy City Recorder Michelle Curtis.    
 
Others present:  Esther K. Rex, Melinda H. Greenwood, Trent Brown, Richard Persons, Garrett Ekker, Craig Conder, Jordan Horton, Russell Horton, Rosby K. Duhart, Daphne Duhart, Bryan Burrows, Laurie Burrows, Mike Jorgensen, Michael Jackson, Cheryl Wack.   
 
2.   Minutes Approval.   The minutes of July 5, 2017, will be reviewed at the next meeting. 
 
3.   Conditional Use:
      A.  Consider recommending approval of revised plans for the construction of the Paiute Indian Tribe of Utah, Richfield Community Health Center to be located at 45 West 400 South (CS zone, C-2 use).  Rich Persons and Trent Brown represented the Clinic.  Mr. Brown advised this is the same building that was approved a few months ago.  They have since purchased the property south of this property, and so they are expanding the clinic site.  They will move the building to the south which will give them more room on the corner of 400 South Main.  This is the exact same building.   There is a pharmacy drive-through.  Placing the building further to the south gives the drive-through a better alignment getting onto Main Street.  The number of parking spaces has been increased.  Utilities will be connected on 400 South.  
 
Lisa White motioned to recommend that the City Council approve the revised plans for the construction of the Paiute Indian Tribe of Utah, Richfield Community Health Center to be located at 45 West 400 South (CS zone, C-2 use).  Greg Bean seconded the motion.  The motion carried unanimously.  Those voting aye:   Brion Terry, Steve Kunzler, Greg Bean, Monte Turner, David Mower, and Lisa White.  Those voting nay:  None. 
 
       B.   Consider approving the construction of an addition to the Sevier Valley Oil building located at 1890 South Industrial Park road (MG zone, P-2 Use).  Trent Brown and Garrett Ekker were present.  They presented plans for an addition to the Sevier Valley Oil building.  The new addition will have two office spaces and a conference room.  It will 24’ x 43’.  Existing parking is adequate.  This addition does not create any other issues to be addressed.  
 
Monte Turner motioned to approve the construction of an addition to the Sevier Valley Oil building located at 1890 South Industrial Park Road (MG zone, P-2 use) as presented.  Steve Kunzler seconded the motion.  The motion carried unanimously.  Those voting aye:   Brion Terry, Steve Kunzler, Greg Bean, Monte Turner, David Mower, and Lisa White.  Those voting nay:  None.
 
Jeff Albrecht arrived.  
 
       C.  Consider allowing Austin Spencer to construct a fence to a height of 8 feet at his home at 55 West 570 North.  This was reviewed at July’s meeting.  The Planning Commission can allow this as per Section 1620.1.4 of the zoning Code.  One reason the fence becomes taller than 6 feet is because of the slope of the property. 
 
Lisa White motioned to approve Austin Spencer’s request for the construction of a fence that is 8 feet tall.  Jeff Albrecht seconded the motion.   The motion carried unanimously.  Those voting aye:   Brion Terry, Steve Kunzler, Greg Bean, Monte Turner, David Mower, and Lisa White.  Those voting nay:  None.
 
       D.   Consider approving Jorgensen Honda’s request for approval of the construction of buildings to be used as a shop, a trailer repair shop, and a storage building at their property at 980 South Cove View Road (C-1 use, CS zone).  Mike Jorgensen and Craig Conder were present.  This was reviewed last month and Mr. Jorgensen was asked to explore some different concepts by talking with the neighbor behind the property.  He has done that, and the plan has been changed with the building running north-south rather than east-west.  The neighbor is not sure what they will do with the property.  It is currently farmed.  Mr. Jorgensen said that by changing the directions, the back of the Jorgensen property could be available to the other property owner if they ever wanted to do a land swap for their frontage. 
 
The large shop area will be turned so that it runs north-south.  The trailer RV is next to the shop so that it is all under one building.  The building will be 150’ x 220’. There is 40-foot setback on the north side of the building which will serve as a driveway to the back of the property.  At the west side of the building, there will be a couple of lean-to sheds, a covered wash bay, a detail room, and two storage areas.  
 
This addition may not require additional parking because it will be used only by employees.  Most of what is being built will be a mechanic’s shop.  There is plenty of room for employees to park.  Also, with the shop being pushed back, customers will be able to park further off of the road.  There was discussion as to whether the square footage of the entire complex meets the required parking per square footage.  They were told the parking spaces need to be shown on the site plan.  
 
The Commission thinks this is a good concept.  Their final plan can be brought in for approval next month.  Parking and lighting needs to be addressed.  Also, drainage needs to be shown on the site plan.  
 
 
4. Zoning Code Discussion:
     A.   Discuss a Business License and consider approving a Conditional Use Permit allowing Daphne Duhart to conduct a business called Daphne’s Doggies at 692 West Ogden Drive (R1-10 zone, C-1 use). 
 
Keith and Daphne Duhart were present.  Mrs. Duhart runs a dog grooming business at her home called Daphne’s Doggies.  She generally has about six to ten customers a day.   She has been doing business at this address for over three years.  The business was previously conducted at the old Topsfield Lodge.  
 
When she moved to this address, the business was approved as a minor home occupation which did not require her to come to Planning Commission for review.  Deputy Recorder Michelle Curtis explained that when Mrs. Duhart originally came in, she was given the application for a major home occupation which would have required her to come to Planning Commission; however, because the business was taking place in the garage of the home and not in an accessory garage, staff felt that it qualified as a minor home occupation and she was not required to come to Planning Commission.  Mrs. Curtis said City staff probably needs some direction from the Planning Commission as to whether an attached garage should be treated as part of the home or as an accessory building. Conducting business in an accessory building requires a major home occupation permit.  Zoning Administrator Gaylen Matheson said it is felt that an attached garage is usually considered a part of the home.
 
Chairman Terry explained that when a business comes to the Planning Commission, it allows the Commission to ask questions and put conditions on the business.  Commission members have received letters of concern from two of Mrs. Duhart’s neighbors.  
 
Mrs. Duhart said she was aware of complaints about having dog kennels stacked alongside the house.  They were empty kennels.  She has moved them to the back yard.  She also knew that the front of the home needed to be cleaned up, and they have done that as well.   
 
The business is conducted mostly in the garage.  If a dog is known for jumping the fence, it is taken into the home.  Their own dog will jump the fence on occasion and sits on the porch until they let him in the house.  Some of the dogs do go into the back yard.  If a dog is afraid of other dogs, she puts it in a stackable kennel inside the garage until their owner gets there which is usually 30 minutes or an hour.  
 
Dog grooming does not require a state license.  Grooming includes brushing and bathing the dog, blow drying, clipping their nails, cleaning their ears, shaving. 
 
The minor home occupation says the business cannot take up more than 25% of the ground floor.  Looking at a photograph, it appears the garage could be more than 25% of the home.  She does not  know the square footage of the home.      
 
After a dog is brushed and cut, they use a shop vac and sweep it up.  The hair then goes into the trash can out on the street.  
 
Complaints received from neighbors were listed and responded to as follows:  
 
1.  Dog hair clippings blow away or go to the neighbors. 
 
2.  Boarding of dogs.  Mrs. Duhart said she has kept customer’s dogs overnight in the past.  Generally they are closed in the garage by a certain time at night.  If they are noisy, they go into the house.  She was advised that boarding requires a kennel license.  Kennel licenses are not allowed in this zone.  Mrs. Duhart did not realize she cannot board.  She agrees she will no longer board.  
 
3.  Street traffic begins at 9 a.m. and continues throughout the day.  During the dog drop-off and retrievals, double parking often occurs for extended periods.   Neighborhood children come and congregate to pet the dogs creating safety issues as the vehicles move.  Appointment times are staggered.  Her customers maybe do turn around in front of her home.  She didn’t realize there is double parking because she is in her garage working and doesn’t see it.  
 
4.  Health issues with clumps of dog hair washing down the gutter.  The neighbors have to dredge the gutters out sometimes and clear the drains.  At least once this caused clogging of a sewer and they had to hire a plumber to take care of that.  Mrs. Duhart said they have not tapped into the City sewer lines.  The water drains onto the lawn and waters the grass. 
 
5.  Yard storage items are openly scattered.  This has been corrected.
 
6.  Employee number limits have not been observed.  Mrs. Duhart said everyone who works for her lives in the home.
 
7.  Nonrelated teenagers have been observed walking and supervising clients’ dogs.  Mrs. Duhart said the friend who lives with them has daughters who have stayed with them for the summer.  They have gone home now.  With customers’ approval, they have walked some dogs.  
 
8.  Signage placement, size, and quantity does not comply.  Home businesses are allowed to only have one sign in the window of the home which is 2 feet square.  Mrs. Duhart did not realize this and will comply.
 
9.  Business license application did not list the sale of auxiliary pet services or the sale of rabbits.    
 
10.  Protective covenants of the subdivision are being violated.  The protective covenants state as follows:  No lot shall be used except for residential purposes.  No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.  No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot.  Disallows temporary structures (out-buildings and trailers) to be used as residences at any time. (The neighbors believe a single man is living in a trailer at their property.)   Allows no animals other than pets to reside on these properties.  Absolutely no sale of animals.  The trailer has been moved.
 
11.  The business license application does not show a sales tax number.  Mrs. Duhart does not need a sales tax number when charging for services.  A sales tax number is needed for the selling of products.  
 
12.  Washing animals in connection with the grooming business would require plumbing fixtures that are not in a normal garage.  There are fixtures in the garage and the neighbors are not sure the fixtures were inspected or permitted by the City.  
 
13.  Most communities require a removable hair trap for pet washing stations.  
 
14.  Neighbors wish they had been allowed to comment before allowing the business.  
 
15.  Dog Waste on adjacent properties.  
 
16.  The pet grooming clearly changes the use of the home and is an excessive use to be allowed under the minor occupation.  
 
17.  Creates a nuisance to adjoining properties and a risk for public safety.   
 
18.  Solid waste, animal waste, foul odor.  Animal waste found more frequently in surrounding yards.  
 
Esther Rex and Melinda Greenwood asked permission to speak.  
 
Esther Rex made the following points:
* When she bought her home 40 years ago, the property had protective covenants.  She believes those are still in force but the City does not enforce those.  She thinks it is scary for a City who would go against protective covenants that are still legal and binding.  The protective covenants state that no lot shall be used except for residential purposes.  Is the City willing to go against this legal document?  
 
* Traffic is excessive.  Between the hours of 7 a.m. until 2 p.m. she counted 15 vehicles going past her house.  Each vehicle drives past her house four times because they make a u-turn when they drop the dogs off and another u-turn when they pick them up.  That would be 15x4 = 60 trips past her home.  
 
* The watering of a tree with waste water is against federal law, and it may be against state law also.
 
* She has seen signs advertising rabbits and kittens for sale.
  
*   Dog hair blew out of the White’s Sanitation truck and brought it into her yard.  
 
* Her grandkids have stepped in dog mines and then go in her house and now they have e-coli going on.  
 
* She believes the nuisance and the traffic are enough to deny a business license.  She says the conditional use permit was ignored, and Mrs. Duhart did sign the conditional use permit for a major home occupation and should have known what the conditions were because they are listed on the permit.   
 
Melinda Greenwood made the following points:
 
* In the letter she wrote, she tried to establish a spectrum of tolerance that she has in the neighborhood because civility demands that we give and take a little when we live in a community among people. This business goes beyond.  Her basic issues are with safety and health.
 
* There is a geologic inconformity that goes across the street from her property.  An earthquake disrupted and caused a kink in the substrate for the sewer pipes, so there is always a problem there.  The Duharts live about five houses from her and across the street.  The dog hair runs down and clogs the gutter, and then water goes everywhere.  She has to dredge that out.  
 
* Tying up the garbage bags might help.  However, if dogs smell food in the garbage, they come and make a mess.  The huge, top-heavy garbage cans have been turned over.  
 
* If they are not tied to the sewer, the health department would not allow them to drain any particulates that are in the water onto the lawn which runs down the hill from their yard into the gutter.  Kids play in the gutter.  
 
* Kids and safety are an issue.  She agrees with Mrs. Rex on the four traverses that are made on the street by every customer.  There are probably eight families with small children.  The children come out into the street and dodge between the cars.  The traffic is a problem.  The double-parking is a problem.  
  
Mrs. Rex said she has spoken with Mrs. Duhart.  Mrs. Rex has made four visits to the City office  trying to get help.  She has talked with Zoning Administrator Gaylen Matheson and City Administrator Matthew Creamer.  She has tried.  That is what has brought this to a head.  
 
Mrs. Rex and Mrs. Greenwood were asked if there is a possibility in their minds that if concerns were addressed, the use could be continued?   Are they insistent that the business has to be gone?  Mrs. Rex believes the protective covenants are still in effect.  
 
They were advised that any property can have protective covenants, but the City does not enforce those.  It is up to the people who own property under a certain set of protective covenants to enforce those covenants.    The City only enforces its own ordinances and codes. 
 
Mrs. Rex said they are representing many more in their neighborhood.  They are spokespeople.  
 
The Commission then went through the conditions that are listed on the hand out for major home occupations.  
 
1. Maintain a current business license.  Mrs. Duhart can and will comply with this.
2. Conditional use permit from Planning Commission.  Issuance of a conditional use permit is under consideration at this meeting. 
3. Use only of one accessory structure without involving any yard space for storage or activities outside of the accessory structure.  A major home occupation allows the use of a detached garage.  The minor home occupation permit requires the business to be contained within the home.   
4. One (1) employee only.  A major home occupation can have one employee.  A minor home occupation can only have family members who live in the home.  Mrs. Duhart said she does not have employees. 
5. No display of goods.  She does not display goods.
6. No commercial vehicles except one delivery truck that does not exceed one (1) ton rated capacity.  She has no commercial vehicles.
7. Signs – one (1) non-illuminated sign not larger in area than two (2) square feet, and located in a window.  Mrs. Duhart said her kids were painting the signs to sell the bunnies and kittens at Wal-mart.  She was advised that rabbits are not allowed in the City.  She did not know rabbits are not allowed. She will comply with this item.
8. Home occupation shall not create any nuisance to adjacent properties or the surrounding area and shall not create any risks to the public health or safety and the physical appearance, traffic, and other activities in connection with the Home Occupation are not contrary to the intent of the zoning district in which the Home Occupation is located.  Permit will be reviewed upon receipt of any complaint.  The permit is being reviewed in this meeting. 
9. I/we currently own the dwelling where we will conduct this business.  Duharts own the dwelling. 
 
It is felt that whether or not this is a major or minor home occupation is really not relevant in that the issue is whether or not the home occupation is a nuisance.  
 
One of the purposes of allowing home occupations is to allow a business to get started and then move into a commercial area as it grows.  Perhaps this business has become a problem because it has grown.    
 
Mrs. Duhart said they have been actively looking at other properties, but nothing is guaranteed yet.  They are even looking for a home outside of town where they would have more space for the dogs to run and do overnight boarding.  The business is doing well, but she isn’t sure she is in a position yet to acquire an actual business loan to expand into its own building.  
 
Many of the issues can be improved.  She will not post a sign selling pets at her home.  She is now aware that rabbits are not allowed.  She will instruct her customers to approach from one direction and go around the block rather than making a u-turn.  The garbage could be double-bagged before placing it in the garbage can.  They have only one closed-lid garbage can.  They will rent one or two more carts from White’s.
 
As far as drainage on the lawn, that will be a question for the health department.  It was clarified that there is nothing going into the sewer.  She does not have a drain in the garage.  She has a tap and a sink in the garage with a hose that drains out onto the lawn.  She didn’t realize this is a problem.  She was advised that this is gray water and needs to be addressed appropriately with the health department.  
 
Mr. Duhart said after listening to the neighbors, he can see that the neighbors don’t want Duharts to do business.  He believes that is the bottom line.  He said Duharts want to be peaceable.  He doesn’t believe there is any stopgap measure that will make the neighbors happy.  Mr. Duhart said they have been actively looking for some place to move and if they have to shut down for a while, then they will do that.  Jeff Albrecht said he believes that a conditional use permit could be issued for a certain amount of time while they look, so that they don’t have to shut down their business.  Anything that can be addressed, should be addressed; however, it might not be possible to address the gray water. 
 
The neighborhood representatives were asked if this solution would be acceptable to them.  The answer was no. 
 
Mr. Duhart asked the neighbors if they stop the business and find another location will that make them happy?  The Commissioners do not feel like that should have to happen and it should be possible to reach a compromise.  
 
The Commission would like to see the majority of these conditions met within the week and then have Duharts come back to report next month.  They will report on how they can address the gray water.  The Commission would also like them to come back again in three months to report how things are going in looking for a different location.  
 
Mrs. Greenwood said she feels she can represent the neighborhood in saying there is a place in the middle.  She feels like the Duharts can work on this and if there is some improvement, then the neighbors can live with that.  She doesn’t want to insist that they desist, because that is unreasonable. 
 
Steve Kunzler motioned to allow Daphne Duhart, doing business as Daphne’s Dogs, to continue with her conditional use permit (home occupation permit) providing she meets the items as set out above concerning containment of garbage, traffic issues, signage, outside storage, no rabbits, and contacting the health department regarding gray water.  She is to come back to next month’s meeting to report and then keep the conditional use permit for 90 days while looking for somewhere else to go.  Lisa White seconded the motion.  The motion carried.  
 
Those voting aye:  Brion Terry, David Mower, Monte Turner, Greg Bean, Lisa White, Jeff Albrecht, and Steve Kunzler.  Those voting nay:  None.
 
Steve Kunzler was excused.
 
     B.   Brian Burrows to discuss requirements for a building to be constructed in the Richfield Industrial Park, particularly requirements for exterior finish of Building (MG zone). 
 
Mr. Burrows purchased the triangular-shaped piece of property located at the south end of the industrial park.  It is just under ½ acre and there is probably ¼ acre of usable space.  He would like to put some storage units on the property.  In the future, he might  construct another building on the west side of the property to house another business.   The point of the triangle which is next to the state road will fall into the landscape which would be rock.  He would also place a sign there.  
 
Before drawing up a plan, Mr. Burrows would like clarification on the following issues:
 
Front Yard.  Because of the shape of the property, and being surrounded by three streets, he would like to clarify which side is considered as the front, side, and rear yards.  He would prefer that the front is the west side.  The rear would be the east side which is by the state road.  Table 31-4 in the Zoning Code states that the minimum yard on the front would be 25 feet, the side yards are 10 feet, and the rear year is 20 feet.  On the south side of the property, there is a 10-foot utility easement.  The Commission agrees that the west side could be designated as the front of the property.  Also, because it is an industrial zone, the Commission would consider the other street-facing sides to be a side yard and rear yard rather than requiring two front yards.
 
Metal Finish.   Section 1722 of the Zoning Code states as follows:
 
1.   One hundred percent (100%) of all exterior street-facing walls shall be finished 
with brick, stone, block stucco, glass, or a combination thereof.  EXCEPTION:  
The front street-facing wall for buildings located in the M-G zone shall be 
finished at fifty percent (50%) and the second street-facing wall at twenty-five 
percent (25%)…   
2.   All side walls shall have at least twenty-five percent (25% of the same materials 
as street-facing walls.  
3.   The exterior treatment of all rear-facing walls shall be determined by the Land 
Use authority, as applicable, taking into account the visibility of the building from 
adjacent uses and streets. 
 
The building Mr. Burrows would like to put on there is 30’ x 100’, running east and west.  It will be a typical prefab metal storage unit with roll-up doors.  There will be 20 10’x15’ individual units.  It would be cost-prohibitive if he is required to use materials other than metal.  When he builds the building on the west side of the property, it will be finished with something other than metal.  He wonders if the finish requirement could be waived by considering that the building on the west is the front and these are accessory buildings. 
 
Mr. Burrows points out that a majority of the buildings in the industrial park are entirely metal, i.e. Questar, Old Dominion Freight, Timberline, Outsiders.   Mr. Burrows said he doesn’t want to have to do more than metal because of the percentage of metal that is already in the industrial park and this will be one of the last lots to be developed.  He would like the front building to be considered as the front and it would be finished with materials other than metal.  
 
Monte Turner said Mr. Burrows brings up a valid point in that maybe it is ridiculous to require an industrial-type building to have a certain percentage of material other than metal.  Mr. Burrows says we are killing business with these strenuous requirements.  He believes  this requirement would add an additional cost of $35,000.  Lisa White pointed out that there also benefits to maintaining some aesthetics even in industrial areas which is why the requirement was recently changed in the MD zone reducing the requirement from 50% to 30% and reduced landscaping requirements.  That change only affected the new business park.  Perhaps it needs to be changed in this zone as well.  
 
The Commission feels like it is duty-bound to comply with the Code, but perhaps the Code needs to be changed relaxing these requirements.  
 
Driveway Access.  There was discussion about how the units will be accessed and whether or not there would be a driveway around the building or if it would be open so that vehicles could pull off the street from anywhere on the north side of the building.  Mr. Burrows says most businesses in the industrial park have access from anywhere along the street.  The question is whether or not it is possible for vehicles or trailers to unload and not be parked in the street.  There was discussion that the entrance may have to be from the west, with vehicles driving around the building.  It will be important to make sure that it is safe for traffic flow on the street.  Mr. Burrows does not plan to fence the property.
 
Mr. Burrows will bring back a site plan for new month’s meeting.  
 
5. Conditional Use Permits:
     A.   Consider approving a Conditional Use Permit for a major home occupation allowing Jordan Horton to do auto detailing at his home at 924 West 570 South (R1-10 Zone, C1 use.)  
 
Russell Horton and Jordan Horton are present.  Russell said that his son, Jordan, has been detailing vehicles for about the past three years to earn extra money.  Russell said he had a visit from the Chief of Police a few weeks ago where the Chief asked if his son was detailing vehicles in the garage.  The Chief asked if he has a business license.  Russell said he didn’t think that was required of a juvenile.  The Chief checked on that and called Russell back and said that a business license is not required of a juvenile.  Russell came to the City Office and it was also confirmed by Michele Jolley.  However, Michele Jolley recommended that they come to Planning commission today because Jordan will be 18 in about three weeks.  He will be a high school senior  this year and he would like to continue this business until at least then.  
Russell said their neighbor, who is present at this meeting, called in and complained and that is why they are here.  
 
Having listened to the above agenda items, Mr. Horton said he is aware of the conditions that are set on home occupations.  He said the complaint that was brought forward to him by the Chief of Police is that they do not have a business license.  
 
Michael Jackson is their neighbor and was given the opportunity to speak;  His complaints are as follows:
 
Mr. Jackson lives next door to the Hortons.  Mr. Jackson is home all day.  His concern is not about a business license.  His concern is with the noise.  Initially it seemed to be just a pressure washer but this summer it seems like they have added other machinery.  He has heard a vacuum and a polisher.  The pressure washer is very loud.  He can hear it anywhere in his house.  The use has been going on for a couple of years.  He wasn’t aware that they were running a business until this year when it became more noticeable that there were more cars that didn’t appear to be their cars coming to their home.  It is not pleasant to listen to the noise while he wants to watch t.v. or when he wants to read.  The activity varies.  It is not daily.  It also varies in the amount of time.  They started using the washer in January of this year and it has been going on since then.  
 
Sometimes it seems relatively short, 15 or 30 minutes.  Other times it can go on for a few hours.  It is not a continuous use of any one equipment during that time.  The cars are parked in the garage.  The doors are open.  At times the stereo is turned on. So there is noise from different activities.
 
The traffic hasn’t been bad, but there is some traffic.  Also, sometimes the cars are parked in front of his house.  He recognizes that the parking on the street does not necessarily block his house.  There have been times when they work into the evening and there are spotlights on in the driveway and doors opening and closing.   
 
Russell said he was a police officer in this City for 22 years.  He has dealt with a lot of complaints and so he knows what the laws are.  He has told his son that come 9:00 or 10:00 every night the pressure washer, compressor, anything that makes noises has to be shut off.  He doesn’t think it is unreasonable for his son to work on vehicles in the afternoons.  He feels that the night time issue is non-issue because it isn’t happening.  He does have two lights above his garage door that he does turn on at night from time to time.  It doesn’t have anything to do with the detailing business. 
 
They are usually finished with the work by dark.  They don’t have a lot of equipment.  They have a shop vac, an air compressor, and a small pressure washer that can all be purchased at Home Depot.  There is no industrial equipment.  He washes his own personal vehicles every few days, so they are always washing vehicles.  As far as traffic, Jordan spends 5 or 6 hours on a vehicle.  He doesn’t do more than one vehicle at a time or even per day for that matter.  He may start on another one and finish it the next day if he gets busy.  He only has one vehicle at a time unless he finishes one and sits it on the street waiting an hour or two for somebody to come and pick it up.  
 
As far as traffic, Russell isn’t sure what Mr. Jackson is seeing.  There is a neighbor across the street that has three families living in their home.  There is a lot of traffic that parks up and down the street.  He has three daughters with eight grandchildren who are constantly at his house.  He doesn’t think Jordan’s detailing business is causing a traffic or parking issue.  
 
Russell said he had spoken with his other neighbor because he noticed the soap and water going down the gutter.  She said she doesn’t have a problem with it.  Russell does go out every few weeks and personally sweeps the whole gutter to make sure it’s clean.  He keeps an immaculate yard.  
 
Most of the work is done in the garage.  Occasionally Jordan pressure washes a vehicle off in the driveway.  When he’s finished working on a vehicle, Jordan pulls it out onto the driveway so he can walk around and inspect it and wipe down a spot that he has missed.  
 
Jeff Albrecht said this is a difficult issue because this is something that anyone could use on a personal basis on a regular basis, although this is being done for a business. 
 
Sometimes the garage door is open and there is also a door on the back of the garage that they leave open.  Mr. Jackson said the garage is not insulated, but being in the garage does reduce some of the noise.  Mr. Jackson said he has observed the pressure washing on the driveway.  Jordan says he mainly uses a hose on the driveway, but sometimes he does use the pressure washer on the driveway when there is a lot of dirt and mud.  Mr. Jackson did say that the pressure washer hasn’t been used a lot since mid June.  Russell said that Jordan has had a full-time job over in Torrey, but he doesn’t work over there anymore.
 
He uses an electric vacuum.  The pressure washer is the loudest.  Russell thinks it is no louder than a lawn mower.  Mr. Jackson does not agree.  Russell said when he pressure washes a vehicle off, it’s not like it is running for 3 hours.  It may take 25 minutes maybe once a day.  
 
The Hortons were asked if they could limit the use of the pressure washer to a certain time of the day so that Mr. Jackson would know what to expect.  Jordan said he hasn’t used the pressure washer for the last 10 cars he has done.  He washes his own vehicle twice a week and he uses it on it.  If it is very muddy, he might use it for 45 minutes.  Russell thinks anything reasonable would be between 10 a.m. and 6 or 7 p.m. in the summer.  Jeff Albrecht said since school is starting in two weeks, they could probably say 4 to 5 p.m.  Russell doesn’t agree with limiting the hours.  If Jordan starts a car at 10:00 in the morning on a Saturday and finishes detailing, then he would have to wait until 4:00 or 5:00 to use the pressure washer.  
 
Russell also wondered about their personal vehicles and if they would have to limit the hours when they clean their own cars.  He feels like that is imposing on his personal rights.  
 
Russell said he has had several other complaints from this same neighbor about a lot of different things.  He has had zero complaints from anybody else down that street, both sides.  He has lived in that house for about 12 years.  
 
David Mower asked if there is any way to make it quieter?  Russell said they could use it in the garage, but they still have to have the exhaust going out the door.  Lisa White asked if Hortons think there are any concessions that they can make to reduce the level of noise?   Russell said he feels like he has.  He has Jordan shut down well before the noise ordinance of the City which is 10 p.m.  He said he can’t afford to insulate his garage.  He feels like he’s gone above and beyond to address other complaints of Mr. Jackson and now it feels like he coming after Russell’s son for trying to make a few extra dollars to buy school clothes.  
 
The noise ordinance limits noise between the hours of 10 p.m. to 6 a.m.  Kevin Christensen was in the audience.  He said any time a person feels like noise is a nuisance and not in compliance with the noise ordinance, they can call dispatch.
 
Chairman Terry feels like this type of business easily fits in the category of a major home use and it is something that the Commission could put conditions on it to help alleviate neighborhood impact.    Jordan was advised to do the detailing in the garage as much as possible and keep the door closed.  He said he already does that.  The Commission commended Jordan for being a young man who is willing to work.    
 
Lisa White made a motion to approve a Conditional Use Permit for a major home occupation allowing Jordan Horton to do auto detailing at his home at 924 West 570 South (R1-10 zone, C1 use).  The following are conditions in allowing the home occupation:  any nuisance use for business purposes to be limited to the hours 10 a.m. to 7 p.m., operation of power equipment only between the hours of 10 a.m. and 7 p.m., operating equipment inside when possible, only one customer at a time.  The business can operate until Jordan Horton’s 19th birthday and then it will be reviewed at that time. Jeff Albrecht seconded the motion.  The motion carried unanimously.  Those voting aye:  Brion Terry, David Mower, Lisa White, Jeff Albrecht, Monte Turner, and Greg Bean.  Those voting nay:  None.
 
It was clarified that the above conditions apply to the business, but not personal use.
 
     B.   Consider approving a Conditional Use Permit allowing Anchor Recovery to conduct an outpatient behavioral health services business to be located at 72 West Revolutionary Way (CG zone, C-1 use).   Anchor Recovery was represented by Cheryl Wack. 
 
This business will be an outpatient facility for mental health and substance abuse.  They do not deal with porn or gambling addiction.  Ms. Wack has two partners.  They currently operate a billing business in this building, but they will move that into the basement so the behavioral health business can be on the main floor of the building.   They currently do billings for these types of facilities.  They have advised these businesses for eight years. They bill for 14 facilities all over the United States.  They have decided they want to open their own mental health and substance abuse facility.  There are no residential treatment facilities in this area.  
 
This is a partial-day program, 6 hours a day, and very structured.  It is hard to take somebody who has been in a structured, 24-hour-a-day program and then just give them 1 hour of counseling here and there. They need more structured care and help.  They will basically do group counseling, individual counseling, medication management.  They will have a doctor, a licensed social worker, and advocates on staff.  
 
They do need state licensing.  They will have to do a lot of things in order to become state licensed.  They have to have zoning approval, business license approval, fire approval, etc., before they can submit their application to the State.  
 
Out-patient means patients won’t live there.  They hope to open in-patient care at some point.  The people they treat will have their own place of residence.  Their business operation hours will be 8 a.m. to 9 p.m., five days a week.  There will be on-call staff 24/7 if they need emergency services during off hours.  They can call a counselor and can meet at the treatment center if it is before 9 p.m.  If it is after 9 p.m., they will be sent for medical services, i.e. hospital, ER.  
 
The State requires one clinician for eight patients.  They will only treat adults.  Eventually they plan to treat adolescents.  There could be a maximum of 16 client at their facility at one time.  There are 20 parking spaces and there will be no more than 3 clinicians there at a time. 
 
They will have a group of eight people who come at a scheduled time and be there anywhere from 1 to 3 hours with breaks in between every three hours.  They will be able to leave during break periods and then come back for group.  
 
It was pointed out that there is a school located in the area of this park as well.  She said they can’t have sex offenders or pedophiles within a certain number of feet of any park, school, or church.  They cannot discriminate against a sex offender.  Being that close to the park was one of their concerns, and they have made adjustments with the state licensing for that.  She has been advised that they can change their policies and procedures that they can’t treat sex offenders due to zoning and ordinance.  Other than that, they don’t have any issues.  
 
They don’t allow smoke breaks on the premises.  She realizes neighboring homes and the school might be concerned about them, but she feels they can work through it.  They don’t supervise their patients for break or lunch breaks.  They can’t stop them from going to the park because it is a public park, but she believes most of them will go eat lunch somewhere else.    
 
They will have policies and procedures, documents patients will sign in the beginning, things like  they have to be quiet and there can be no harassment.  If they violate that, they won’t be part of the program.  They aren’t allowed to smoke.  They do on-site drug testing.  If they pop hot so many times, they are violating the contract and they are out.  She could also have them sign a contract that they won’t loiter at the park or smoke there.
 
They have watched facilities who bend the rules and they don’t do well.  They don’t plan to do that.  Their policies and procedures manual is 280 pages long.  They have a lot of rules and regulations they want to follow.  
 
It was suggested that they do some public education and maybe an open house so that the public can be educated as to what they do.  She said they will be doing a large open house.  
 
She asked if there is anything being planned to be built around them that would ever create any problems.  They hope to be here for a few years.  If they are successful, they are planning on looking at other properties to accommodate both residential and out-patient treatment and that will likely not be in Richfield City.  The Commission is not aware of any future plans that would be a problem for this business.     
 
According to parking requirements, they would be required to have 20 spaces for the 4000 square feet of building.  The ordinance requires five spaces per 1000 square feet of office space.   She said they won’t always have 16 patients there, if ever, and some of their patients don’t drive and will be dropped off.  There are 20 parking spaces available.    
 
She said that she will make sure the policies and procedures state that they won’t be allowed to loiter on adjacent properties or the community park, and there can be no polysubstance, alcohol, vaping, e-cigarettes, or tobacco use on outdoor adjacent areas or the community park.  
 
Lisa White motioned to approve a Conditional Use Permit allowing Anchor Recovery to conduct an outpatient behavioral health services business to be located at 72 West Revolutionary Way (CG zone, C-1 use).  Greg Bean seconded the motion.  The motion carried unanimously.   Those voting aye:  Brion Terry, David Mower, Monte Turner, Greg Bean, Lisa White, Jeff Albrecht, and Steve Kunzler.  Those voting nay:  None.
 
Ms. Wack said she will contact the school so that they are aware of this business.  
 
 
6. Other Business: 
     A.   Discuss VRBO and Bed and Breakfasts to be located in residential zones.  Because of the late hour, this was not discussed
 
     B.   Other items.  
 
7. Adjournment .  The meeting adjourned at 9:45 p.m.
 
 
PASSED AND APPROVED on the 6th day of September, 2017.
/s/  Michelle Curtis
      Deputy City Recorder
 

Richfield City Corp

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