1.     ROLL CALL.  Roll Call was answered by Blake Zobell, Stan Chappell, Sue Southwick, Pat Hansen, Eugene Beck, Stan Poulson, and Steve Kunzler.

Others Present:  Building Official Paul Hinrichs, Deputy City Recorder Michelle Curtis.

2.     MINUTES APPROVAL.  Tabled.    

3.     ROBERT L. MORRIS REQUEST.    Robert Morris is requesting a Major Home Occupation Permit allowing him to conduct business at 199 South 200 East (RM-11 zone).   This is a tax preparation business.  Mr. Morris does not actually live at the house.  He currently lives in Marysvale.  He is purchasing the house as a Section 1031 Tax Deferred Exchange which means it cannot be used as his residence.  He would like to conduct business at this address a few days a week.  Because Mr. Morris will not be residing in the home, Paul Hinrichs wanted the Planning Commission to review the request.

Mr. Morris was asked about the type of traffic he might expect.  Mr. Morris would be the only person working and he plans to see one person at a time.  He doesn’t expect any more than two cars to be parked there.  Under the Zoning Code, Mr. Morris would need a Home Occupation Permit in order to conduct business in a residential zone.  The definition of a Home Occupation is:  “A commercial or other non-residential use conducted within a dwelling unit that is incidental to the primary use of the dwelling unit.”  There have been instances in the past where the Planning Commission has allowed a business in a house that is not lived in. 

Mr. Morris was asked if he foresees the status of the property changing.  He hopes to conduct business at this address for several years.  He has a tax business in Marysvale.  Being located in Richfield would be a better situation for him. 

Mr. Morris does not plan to change the floor plan, so it could still be used as a home.  Mr. Morris does not think it would detract from the residential character of the neighborhood.  In fact it would probably enhance the neighborhood because it would be kept up.  

Chairman Zobell explained it would be hard for the Planning Commission to approve the request since the wording in the Code states that the person has to dwell in the home.  Mr. Morris is going to call the City Attorney to see how he interprets the Code.  Mr. Morris was told he has the right to appeal this decision. 

Stan Chappell motioned to deny Robert Morris’s application for a Major Home Occupation Permit at 199 South 200 East (RM-11 zone).  Stan Poulson seconded the motion.  The motion carried unanimously. 

3.     VERIZON WIRELESS - REQUEST FOR FLAG SIGNS.  Verizon Wireless would like to place two flag signs at their business located at 163 North Main (D zone).   Chip Paulson and Brian Rhay are the representatives for Verizon.  Verizon has been located on Main Street for approximately 15 years.  Their business has decreased.  They need to increase their business and think these signs will help do that.

The signs would encroach less than 2 feet over the right-of-way.  They think that is sufficient to keep their Richfield location open.  The signs are 19 inches x 13 inches and in the shape of a teardrop.  They are constructed out of black nylon and hang out on a pole.  They might move in the wind.  The poles would be 19 inches long which is the width of the flags. 

Both the existing and proposed Sign Ordinances prohibit signs hanging over the right-of-way. 

Mr. Paulson and Mr. Rhay think there are several signs along Main Street that protrude over the sidewalk.  It was explained some of those are allowed because the buildings are recessed back off the public right-of-way making it possible to have a sign that hangs out.  Verizon’s doorway is set at an angle making it recessed.  They could hang one sign over the door without it encroaching into the right-of-way. 

There was discussion that these signs are not heavy so it is unlikely someone would be hurt if they fell.  The signs don’t even weigh a pound.  It would also be unlikely for birds to sit on the poles as they wouldn’t be large enough or strong enough to hold a bird.  These signs would be like placing a piece of fiberglass on a curtain rod.  The weight is minimal, much like nylon. 

Paul Hinrichs advises the current Code provides that a sign can project over the public right-of-way with approval of the City Council upon recommendation by the Planning Commission. 

Sue Southwick motioned to recommend to the City Council that these Verizon signs, as described, should be permitted.  The proposed signs are no larger than 19 inches x 13 inches.   Eugene Beck seconded the motion.  Voting in favor of the motion were Sue Southwick, Eugene Beck, Stan Chappell, Stan Poulson, and Pat Hansen.  Voting against the motion were Steve Kunzler and Blake Zobell.  The motion carried.   

This will be placed on the City Council agenda.  They were advised to bring a sample of the sign material to City Council. 

4.     LUXURY HOMES WAIVER OF IMPROVEMENTS.  Luxury Homes is requesting a Waiver of Improvements for property located at 265 West 800 South (R1-10 zone).   This is a lot on 800 South that was split.  It was the first lot split where the City allowed the property owner to sign a Waiver of Improvements.  However, the Waiver was never signed.  The Zoning Code provides that before a building permit can be issued either improvements are installed or a Waiver signed.  There are no improvements in this area of town.  At the time the lot was split, the Waiver was approved, but the signing and recording of it was overlooked.  There are no improvements on either side of the street for four blocks other than the improvements at the UDOT office.    

Steve Kunzler points out that the Transportation Plan shows 800 South will be a major collector.  Because of that, it might be difficult to get the grades in at the present time.

Stan Chappell motioned to recommend that the City Council approve the request for Waiver of Improvements at 265 West 800 South (R1-10 zone).  Stan Poulson seconded the motion.  The motion carried unanimously.    

5.     CHRIS FORSYTH COMMERCIAL DEVELOPMENT.  Chris Forsyth presented plans for a development to be located at approximately 800 South Highway 118 (south of Tack Shack) (CS zone).  The plan shows two buildings.  One will be an Auto Zone and the other one Aron’s Rental. 

Mr. Forsyth is aware of the Transportation Plan and the City’s desire to have the west side of 800 South connect to Highway 118.  He has been told that whoever develops this property will have to install all improvements for 800 South.  Auto Zone is only interested in locating at this property if 800 South is installed.  They realize they will be the ones who have to do that.  They plan to do that and have had all engineering completed for the road profile.  The road will be completed with curb and gutter on both sides.  This property goes all the way to the Boyter property on the south.  They will be working with the City to acquire property from Boyter for a right-of-way. 

The property will be accessed with two entrances.  One entrance will be the existing south Deseret Industries entrance.  That is actually well onto this property.  The other entrance will be off of 800 South. The front of the Auto Zone building faces north. 

Aron’s Rentals is a national rent center.  They rent things like appliances, computers, and furniture.  It is a rent-to-own business.  That will be a 10,000 square foot building which will be phase II of the project.   

The Aron’s Rental building will be Purlin-Bearing Ribbed steel on the back and sides.  The front is a cultured stone veneer.  Auto Zone is all block, which is their prototype. 

Chairman Zobell advised there will be some restrictions concerning the exterior of the Aron’s building.  The City has been trying to get away from the corrugated metal look.  Mr. Forsyth said he would be agreeable to put veneered stone with stucco on the south side that faces 800 South.  It is a lot more expensive, but he would be willing to do it for that wall.  He was asked about the west side of the building which is the back of the building.  That will also  face a street although the canal is in between the street and this building.  Because it faces the canal and will sit considerably lower than the street elevation, Mr. Forsyth would ask not to be required to do that.  He would not want to have to do that side of the building.  He was asked if they would consider doing the same type of façade as Family Dollar’s.  Mr. Forway said Aron’s Rent doesn’t approve that system and it would be a hard thing for him to get done.

Steven Kunzler pointed out that 800 South will be a signal intersection.  He is concerned with the traffic coming from the south.  He does not know if there is enough distance for that traffic to get in the left turn pocket to turn into the north entrance.  UDOT likes to have 200 feet for stacking.  Mr. Forsyth thinks southbound traffic will turn in at the north entrance.   Mr. Kunzler says that will have to be studied.  It is going to be a very busy intersection.  Mr. Forsyth said they would ask the City for a nice sign on the back of the Auto Zone which would encourage cars to turn on 800 South.  He believes the north-bound traffic would stop at the light, turn left onto 800 South, and then turn into Auto Zone.  He thinks they have enough length on 800 South for the entrance as required by the State. 

They understand they need to install curb and gutter on both sides of 800 South.  They will work with Jones & DeMille on grading and drainage.  They propose to install all utilities as set out by the Development Review Committee.  They have provided adequate parking to meet requirements of the Zoning Code.  They do plan to do landscaping.  There is a ditch that goes along the south border of the property.  They propose to pipe that ditch, at their expense, to make it a nice street. 

The difficult part for Mr. Forsyth is going to be for him to meet the deadline set by Auto Zone.  He does need Mr. Boyter’s cooperation.  Mr. Forsyth wanted the Planning Commission to know that he didn’t just start this last night.  It has been six or eight months in the making.  He understands there is a mechanism in place for reimbursement from whomever does develop Boyter’s property in the future.  He is asking for a conceptual plan approval so that he can move forward and work with staff and engineer. 

Stan Poulson motioned to approve the conceptual review of plans.  Sue Southwick seconded the motion.  The motion carried unanimously.

6.     KATHIE TOLBERT – KIOSK BUSINESS.   Kathie Tolbert is present requesting permission to place a kiosk-type business at the southwest corner of 300 South Main Street.  This would be located on the corner in front of the NAPA building.  She would like to serve beverages including ice tea, smoothies, coffees, cappuccinos, and snacks.  The building would sit parallel with Main Street and she will have an area with tables and flower baskets in the front.  The back side of the building would be the drive-through.  She knows the City is really trying to improve and face-lift the appearance of Main Street.  She feels that this would improve that block. 

There are several of these kiosks throughout the state including Vernal, Moab, Kanab, Torrey, and St. George.  It is becoming quite a popular thing.

The building is portable.  It is kind of similar to a Tuff-Shed.  It is portable.  Waste water will be self-contained.  She will have power in the building.  She has discussed this with the Health Department and they are fine with what she is proposing and she will meet all of their requirements.   

Mrs. Tolbert was asked how she will handle the water situation.  There will be a fresh water tank.  She will bring in fresh water every week for the fresh water system which will have to be approved by the Health Department.  The one in Vernal actually has a connection where she gets water from the building that sits behind the kiosk.  She is trying to work out something like that.

Paul Hinrichs said he has tried to pull up Vernal’s Ordinance, but couldn’t find anything about this type of business.  Mr. Hinrichs asked Mrs. Tolbert if she would get us that part of Vernal’s Ordinance so we can see how they regulate it.  He also thinks she needs to provide something from the Health Department stating they approve this business.    

She was asked about restroom facilities.  The Health Department said she has to have a contract with a business that is willing to let her use their restroom facilities.  That has to be within walking distance.  She spoke with the owner of NAPA and he said he would agree to do that. 

This is not a seasonal business because she will serve hot drinks in the winter.

She will plant flowers on the corner.  The drive-through will enter from 300 South.  It then turns south at the back of the building.  The drive-through meets the requirements of the Ordinance as far as distance from the driveway and stacking room. 

Mrs. Tolbert was asked if she is concerned about vandalism where kids tend to park in that parking lot every evening.  She is a little concerned about that and has been watching and noticing those kids.  She doesn’t think they look like a rough crowd. 

At the present time she thinks she will be open from 7:00 a.m. to 3:00 p.m. and then see when the busy time is.  It is hard to compare with Vernal’s business because of their oil industry.

Mrs. Tolbert was told she will need to get a sub-lease for the property as NAPA leases the property from someone else.  She has written a letter to the property owner and hopes to hear from them soon. 

Mrs. Tolbert was told she will have to paint striping for the drive-through and also parking spaces.   

Paul Hinrichs said any signs will have to be on the building itself.  There cannot be any freestanding signs. 

Sue Southwick motioned to recommend to the City Council that approval be given to  Kathie Tolbert to place a kiosk-type business at the southwest corner of 300 South Main with the condition that the City receive papers from the Health Department, striping plans for the parking lot to be approved by the City Engineer.  Steve Kunzler seconded the motion.  The motion carried unanimously. 

At the time Mrs. Tolbert goes to the City Council, she needs to have the letter concerning the sub-lease as well as a letter of approval approval from the Health Department. 

7.     SIGN ORDINANCE.   The Planning Commission will meet on July 14, 2008, at 5:30 p.m.  Members were asked to look at Orem’s ordinance carefully because it has some good definitions for banners and A-frame signs.   

8.     ITEMS FOR NEXT AGENDA.  Sign Ordinance. 

9.     ADJOURNMENT.  The meeting adjourned at 8:45 p.m.

PASSED AND APPROVED on the 6^th day of August, 2008.