COUNTY OF SEVIER
CITY OF RICHFIELD
 
At the Planning Commission
In and For Said City
December 4, 2019
 
Minutes of the Richfield City Planning Commission meeting held on Wednesday, December 4, 2019, at 6:00 p.m., Chairman Monte Turner, presiding.

1. Roll Call.
2. Public Hearings (6:00 p.m.):
    A. Receive comments concerning an amendment to the subdivision plat for the Richfield City
        Business Park located at 2225 South 600 West.
   B.  Receive comments concerning an application filed by Sevier School District (Chad Lloyd)
        requesting a proposed amendment to the General Plan and zoning map allowing the zoning
        of the property located at 195 East 500 North to be changed from the CS zone (Commercial
        Shopping) to the RM-11 zone (Multiple Family Residential).
3. Discussion and Motion on Public Hearings:
    A. Consider motion for recommendation for approval or denial to be made to the City Council 
        concerning an amendment to the subdivision plat for the Richfield City Business Park located
        at 2225 South 600 West.
    B. Consider motion for recommendation for approval or denial to be made to the City Council
        concerning an application filed by Sevier School District (Chad Lloyd) requesting a proposed
        amendment to the General Plan and zoning map allowing the zoning of the property located
        at 195 East 500 North to be changed from the CS zone (Commercial Shopping )to the RM-11
        zone (Multiple Family Residential).
4. Minutes Approval. Consider approving the minutes of November 6, 2019, and November 13, 2019.
5. Other Business.
6. Adjournment.
 
 
1. Roll Call. Roll call was answered by Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt. Brion Terry was excused.
 
City Staff Present: Deputy City Recorder Michelle Curtis and Building Official Rick Robinson.
Others present: Brayden Gardner, Dylan Turner, Kip Hansen, and Rebecca Turner.
 
2. Public Hearing (6:00 p.m.):
 
A. 6:02 p.m. Receive comments concerning an amendment to the subdivision plat for the Richfield City Business Park located at 2225 South 600 West.
 
Kip Hansen was in the audience. He will be a member of the City Council beginning 2020. Because of that, he has been attending City Council meetings. He explained the proposed amendment to audience members. The proposal is to amend the subdivision plat by making lot 8 smaller (originally 2.5 acres, proposed change to 1.5 acres) and adding lot 12 (1 acre). The reason the lot is being split is because there is a business that is interested in buying lot 8; however, they don’t need a lot as large 2.5 acres.
 
There were no other public comments. The hearing closed at 6:12 p.m.
 
B. 6:13 p.m. Receive comments concerning an application filed by Sevier School District (Chad Lloyd) requesting a proposed amendment to the General Plan and zoning map allowing the zoning of the property located at 195 East 500 North to be changed from the CS zone (Commercial Shopping) to the RM-11 zone (Multiple Family Residential).
 
Brayden Gardner, of ERA, is present on behalf of Sevier School District. They have been marketing  this property for four or five months now. The highest and best use, and the most interest generated, has been for residential and multi-family. The dimensions and lot size make it difficult.
They have had a few offers. They had an offer of somebody wanting to do a pet-type business, but they withdrew their offer because of challenges they encountered. The School District has a current offer from a buyer who is contemplating building a duplex. The buyer might build a single family home, but would like the option of building a duplex.
 
If the zone is changed, the property would have a commercial zone on both sides of it. Mr. Gardner said there is a question as to whether this property would be required to install fencing between residential and commercial as it is required in the Zoning Code. It seems the requirement for fencing would be to protect a residential property when a commercial property comes in. This would be a reverse situation. Neither the buyer nor the School District feel there would be a need to put a fence between them and the State building. He also notes there is a large area of the property that is under concrete on the east side of the building. He said if they are required to build a masonry fence, it creates a very narrow gap between the State building and the fence.
There were no other public comments. The public hearing closed at 6:19 p.m.
 
3. Discussion and Motion on Public Hearings:
A. Consider motion for recommendation for approval or denial to be made to the City Council concerning an amendment to the subdivision plat for the Richfield City Business Park located at 2225 South 600 West.
 
KendrickThomas motioned to recommend that the City Council approve the amendment to the subdivision plat for the Richfield City Business Park located at 2225 South 600 West. Lisa White seconded the motion. Those voting aye: Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, Greg Bean, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
B. Consider motion for recommendation for approval or denial to be made to the City Council concerning an application filed by Sevier School District (Chad Lloyd) requesting a proposed amendment to the General Plan and zoning map allowing the zoning of the property located at 195 East 500 North to be changed from the CS zone (Commercial Shopping )to the RM-11 zone (Multiple Family Residential).
 
The zoning in this area is RM-11 on the south side of 500 North Street. The north side of 500 North is zoned CS coming from Main Street all the way to the east side of the State building next to this property. Even though this is a commercial zone, all of the properties going west between this property and Main Street are single family dwellings, other than the day care business located at 45 East 500 North and Lenny’s Pharmacy on the corner of 500 North Main Street.  Rezoning this property to RM-11 would create a finger of a residential zone into a commercial zone. Greg Bean feels like that is an intrusion into a commercial opportunity and that could be problematic. There could be some issues with fencing depending on what development is recommended for this property. He is concerned about having a residential use in the middle of the commercial zone which is east, west, and north of this property.  
 
Construction of a single family dwelling would not be allowed without changing the zone to a residential zone. Mr. Gardner said that the buyers’ intent currently is for a single-family home, but they would like to have the option of building a duplex.
 
Eugene Beck’s home is on the west side of this property. Mr. Beck was not able to be present, but has expressed concerns to Mr. Gardner and to Chairman Turner. Mr. Gardner said one concern Mr. Beck has is the noise that comes from the generators at the school district office. Mr. Beck is concerned about the noise of a/c condensers that would be on the back of the duplex if it is built. Mr. Beck also wondered if a fence would be required, but he does not want to be responsible for the cost of a fence. Mr. Gardner does not believe the Code requires a fence to be built between this property and Mr. Beck’s; however, the developer does intend to do something so that they are separated.  
 
Mr. Gardner said they would want to ask for a waiver of fencing along the east side by the State office building. It presents problems because of the concrete that is there and that was previously used as a driveway and parking for the CUES building that was on this property. They would have to tear out concrete to put in fencing.
 
The Zoning Code does state that:
“Residential developments having a common lot line with property used for
Commercial, Manufacturing, or Industrial purposes shall require the construction of
a sight-obscuring masonry fence with a minimum height of six (6) feet measuring
from the residential side.”
 
However, the Zoning Code also provides that the fence requirement may be modified by the Planning Commission if:

“A proposed fence provides an adequate buffer for the adjoining residential zone,
the appearance of the fence will not detract from uses in the residential zone, or the
proposed fence will shield the residential use from noise, storage, traffic or any
other characteristics of commercial or professional office uses that are incompatible
with residential uses.”
 
Rick Robinson said there might be something in the International Fire code about having a certain number of feet between commercial and residential, and some kind of protection for fire has to be put in. He doesn’t know exactly, and will have to do some research.
 
Lisa White said she wonders about changing the zone and creating a finger; however, if the homes to the west are used as residential, would it be worth looking at changing all the way to the corner to a residential zone, because it doesn’t seem like they are viable to be used for commercial. Greg Bean wondered if those properties would want to be changed to a residential zone. At a later time, they could sell and perhaps it would be a commercial entity that wants their property. He doesn’t think the Commission should pursue that unless requested by the property owners.
 
Greg Bean motioned that a recommendation be given to the City Council that the zone change be denied regarding the property located at 195 East 500 North. Blaine Breinholt seconded the motion. Those voting aye: Blaine Breinholt, Greg Bean, and Monte Turner. Those voting nay: None. Those abstaining: Susan Jensen, Lisa White, and Kendrick Thomas. The motion carried.
 
4. Minutes Approval. The minutes of November 6, 2019, and November 13, 2019, were reviewed. In the minutes of November 6, 2019, page 2, line 1 should state that the minutes of October 2, 2019 were reviewed and approved. The minutes of November 13, 2019, the bullet points on page 2 will be fixed. Greg Bean motioned to approve the minutes of November 6, 2019, and November 13, 2019, with the above changes. Susan Jensen seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
5. Other Business: Howard Hatch was present with Rebecca Turner and others. He wanted to discuss the old Topsfield Lodge and his proposal to rent out rooms (1180 South Cove View Road). (This item is not on the agenda as Mr. Hatch has been told that he needs to bring in a plan setting forth what he plans on doing: motel vs. apartment rentals vs. homeless shelter. The Commission needs to know what type of business this is going to be in order to discuss it.)
Mr. Hatch said he has talked with a general contractor. Rick Robinson stated that Mr. Hatch has been told that first he needed to solve the right-of-way problem getting into the property. Mr. Hatch also needs to provide something saying what he plans to use the property for so that Mr. Robinson can make sure it is an approved use in the zone before he sends it to the Planning Commission. He needs to provide a site plan and decide exactly how he is going to use the property. He was told he could be on the agenda for January if he will get this information together and give it to Mr. Robinson.
 
6. Adjournment. The meeting adjourned at 7:00 p.m.
 
PASSED AND APPROVED on the 8th day of January, 2020.
 
/s/ Michelle Curtis  
       Deputy City Recorder

Richfield City Corp

75 East Center

435.896.6439