COUNTY OF SEVIER
CITY OF RICHFIELD
 
At the Planning Commission
In and For Said City
August 1, 2018

Minutes of the Richfield City Planning Commission meeting held on Wednesday, August 1, 2018, at 6:00 p.m., Chairman Brion Terry, presiding.

1. Roll Call.
2. Home Occupation Permit.
    A. Rustic Rosettes, LLC: Consider approving Elizabeth Wyatt’s application allowing
        her to conduct a business called Rustic Rosettes, at her home located at 780
        West 100 South (R1-10 zone, C-1 use).
3. Business Consideration.
    A. Shepherd’s Carpet. Consider approving plans for Shepherd’s Carpets to
        construct a retail building to be located at 300 North 700 East (CS zone, C-1
        use).
    B. Whitmore 4-plex. Consider approving plans for the construction of a new 4-plex
        to be built on 100 West near 100 North (D zone, C-1 use).
    C. Calvary Chapel Sevier Valley. Consider approving a Conditional Use Permit
        allowing Calvary Chapel Sevier Valley to locate at 130 North Main (D zone, C-1
        use).
4. Other Business.
5. Adjournment.

1. Roll Call. Roll call was answered by Brion Terry, Greg Bean, David Mower, Lisa White, and Blaine Breinholt. Susan Jensen and Monte Turner were excused.
 
City Staff Present: Deputy City Recorder Michelle Curtis.
 
Others present: Elizabeth Wyatt, Ryan Shaddix, Sara Shaddix, Stacy Whitmore, and Dustin Acord.
 
2. Home Occupation Permit:
    A. Rustic Rosettes, LLC: Consider approving Elizabeth Wyatt’s application allowing her to conduct a business called Rustic Rosettes at her home located at 780 West 100 South (R1-10 zone, C-1 use). Mrs. Wyatt presented a portfolio which had a description of her business plan and pictures. She has always wanted a boutique-type business. She put in a concrete pad and a small building in her back yard. She thought it turned out really cute, and so she thought now would be a great time to see if she could do a boutique. She would like to sell succulents she raises in the small greenhouse. She will also sell wallets, purses, home décor, jewelry, soaps, etc.
 
She understands the requirement for signs in residential zones, that being that there only be a sign in the window of the home for advertising. If she puts a sign in the window of her home, it might cause confusion as to where people need to go. If she puts the sign in the window of the building, it sits back so far off the road, people won’t see it. She is hoping she could have a sign on a post and put it by the second driveway. It wouldn’t be any larger than a mailbox, on a post, and it would be aesthetically pleasing.
 
It was explained that the purpose of a home occupation is to give a person an opportunity to run a business, but still maintain the residential flavor of the area. She will put the sign in the window of the home.
 
The business will be open Tuesday through Friday from 11 a.m. to 5:30 p.m. On Saturday, the hours will be 10 a.m. to 2 p.m. It will be closed Sunday and Monday.
 
There will be no employees.
 
The driveway going back to this building has easy parking for two cars. On the west side of her home, there is a dead-end road where customers could park if it gets busy.

The home occupation requirement does not state a number of parking spaces. It states that parking shall not create any nuisance to adjacent properties of the surrounding area or create any risk to the public health and safety.
Lisa White motioned to approve a Conditional Use Permit for Rustic Rosettes,LLC, to conduct business at 780 West 100 South. Blaine Breinholt seconded the motion. Those voting aye: Brion Terry, Greg Bean, David Mower, Lisa White, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
3. Business Consideration:
    A. Shepherd’s Carpet. Consider approving plans for Shepherd’s Carpets to construct a retail business to be located at 300 North 700 East (CS zone, C-1 use). Dustin Acord represented Shepherd’s Carpet.
 
The DRC notes were reviewed as follows:
 
         1. Water and Sewer. Water and sewer connections to come off of 700 East. Connection fees and impact fees will need to be paid. (Keith Mogan will check to see if there are existing connections at this location. If so, there will be no connection fees or impact fees). Mr. Accord said with the water and sewer connections coming off of 700 East, they may want to move the building a little closer to 700 East.
 
          2. 300 North Ditch and Entrance. Irrigation water goes down the ditch along 300 North. Discuss with public works and UDOT how to address the entrance coming off of 300 North. Get approval from UDOT for the access off of 300 North. They will do whatever they are required to do with the irrigation ditch. He will get approval from UDOT for the entrance. They would like an entrance off of 300 North and exit onto 700 East.
 
         3. Street improvements. Street improvements will have to be installed along 700 east. Agreed.
 
         4. Site drainage. Show site drainage.
 
         5. Lighting. Parking lot to be downcast. They will provide light on the outside of the building for safety.
 
         6. Landscaping. Provide detailed landscape plan. Landscaping to be 10% of the site. They will provide a landscaping plan.
 
         7. Signage. To be approved by the Planning Commission. They will bring in the proposal for their sign. It will be attached to the building.
 
         8. Dumpster. Show placement of enclosed dumpster. Mr. Acord said they don’t generate a lot of trash. Carpet installers aren’t allowed to bring carpet remnants back. They get paid extra to go to the dump. They don’t even have packaging to discard because everything goes out for the install. He agrees if it becomes an issue, they will build an enclosure and get a dumpster. He visited their business in Utah County and it is a very clean business.
 
         9. Fence. Install privacy fence along the south boundary of the property. The fence on the south boundary will probably be vinyl.
 
       10. Mechanical Equipment. Mechanical equipment to be screened. The HVAC equipment will be on the roof behind a parapet.
 
       11. Fees. Drainage plan to be reviewed by the City Engineer with the cost being paid by the applicant. Other fees: Connection fees and impact fees if necessary. Building permit/plan review fee.
 
       12. Storage Container. Discuss time-frame for storage container to be on site.
 
The showroom will be built as phase 1 and then the warehouse will be built as phase 2. As far as height for the warehouse, he needs 16 feet clearance. He was told the warehouse can be as tall as 45 feet.
 
The requirement for parking is one space for every 200 square feet. The plan shows more spaces required.
They will bring in their final plans when they are certain of the exact placement of the building and whether or not they can have access off of 300 North.
 
Greg Bean motioned approve the concept plan as submitted. Lisa White seconded the motion. Those voting aye: Brion Terry, Greg Bean, David Mower, Lisa White, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.

B. Whitmore 4-plex. Consider approving plans for the construction of a new 4-plex to be built on 100 West near 100 North (D zone, C-1 use). Stacy Whitmore was present to discuss his 4-plex project. Since being reviewed at the last meeting, they have decided to place the building on the north side of the property rather than the south side. There will be one handicap apartment. All four apartments will be entered into from one stairwell entry.

DRC comments are reviewed as follows:
1. Parking. Parking stalls need to be angled so that traffic goes in one direction through the parking area. Traffic to go from 100 North Street , through the parking area, and exit on 100 West. Place a directional sign showing “do not enter” on 100 West. The plan shows seven parking spaces along the south side of the property and four parking spaces by the old bakery. There are also three spaces, including handicap parking, on the west side. The parking stalls are 10 feet wide. He isn’t sure of the depth. They are the same size as the parking spaces ones at Ashman.
Mr. Whitmore would rather not be required to have the parking make the traffic go one way. After discussion, it was decided that the parking lot does need to go one way, and parking spaces need to be angled so traffic comes from 100 North and exits onto 100 West.
 
2. Setbacks. Building code requires that the building is set 1-foot from the property with a 2-hour rated firewall. It will also have to be fire sprinklered. Because the building is two stories, the plans will have to comply with the commercial building code. Drainage from roof should not go onto the adjoining property. The building needs to be placed so it doesn’t interfere with the clear view area. Since reviewing this at last month’s meeting, they have decided to move the building to the north side of the lot. The width of the lot goes from the fence-line on the north to 2-feet from the edge of the garage of the house on the corner. He felt like the Commission was concerned about it being too close to that home, and so he has changed his plan placing the building on the north of the lot. The fire wall is required because of the building’s proximity to the property line.
 
3. Drainage. Provide a drainage plan showing that all drainage will be retained on-site. They will show a drainage plan.
 
4. Utility Connections. Water and sewer connections will have to come off of 100 West.
 
5. Dumpster. Show where enclosed dumpster will sit. They plan to put a dumpster by the telephone pole in the back.
 
6. Parking lot. Parking area to be finished with either asphalt or concrete. The parking lot will be under concrete. A
small amount of landscaping is planned with a 2-foot planter across the front.
 
7. Street Improvements. Street improvements are not required at this time; however, recommend that a Waiver of Improvements is entered into. They will ask the Council for a Waiver of Improvements.
 
8. Fence. Install a privacy fence along the north property line. The Code states that when there is a change in density, a privacy fence is required. With the building being placed on the north side, a fence will be required on the south side and joining with the fence that is west of the bakery.
 
9. Fees. Drainage plan to be reviewed by the City engineer, with the cost being paid by the applicant. Other fees: 1-inch water connection $2260, sewer connection 1650, water impact fee $3614/unit ($14,456), sewer impact fee $457/unit ($1820), building permit/plan review fee.
 
Greg Bean motioned to approve the concept plan for the Whitmore 4-plex as presented and discussed. Blaine Breinholt seconded the motion. Those voting aye: Brion Terry, Greg Bean, David Mower, Lisa White, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
C. Calvary Chapel Sevier Valley. Consider approving a Conditional Use Permit allowing Calvary Chapel Sevier Valley to locate at 130 North Main (D zone, C-1 use). Ryan Shaddix and Sara Shaddix were present. Mr. Shaddix is the Pastor of the Calvary Chapel. Their congregation has been meeting at Knight’s Inn. They have been renting there and now they are interested in buying the building at 130 North Main for a permanent location.
 
Besides church services, they also do the Sevier Valley Youth Refuge. They open it up so kids can come in and shoot pool, play x-box, and just hang out. They have a snack bar. They provide a crossing guard and there are four or five adults who are there. They will be offering after-school programs. The youth program is all non-religious. It’s just helping kids who need help. It is for middle school through high school age kids.
 
The building is about 3400 square feet. They will actually have more parking at this new location. There are six spaces on Main Street. Behind the building, there are two handicap spaces and about 20 more parking spaces. He doesn’t think they would be an intrusion on any businesses because their hours of operation are after business hours.
On Sundays their service is at 11:00 a.m. He might eventually add a service at 9:00 a.m. with a second service at 11:00. On the majority of Sundays, they are there from 8:00 a.m. to 2:00 p.m. In the evenings, they are there anytime. As far as people parking cars, most is probably from 5:00 p.m. to 9:00 p.m. During the day, they have one full-time employee who would open up the church all day so that people could come in and pray, and then kids would be there from 2:00 p.m. to 6:00 p.m. which would mostly be all foot traffic. Nobody will live there. On Friday night Refuge, the kids are mostly foot traffic.
 
As far as the inside of the building, he has had an engineer, Kendrick Thomas, look at the building. Mr. Thomas looked at it for its load-bearing walls to see what can be removed and what can’t be moved. Mr. Thomas said the entire building is open span, but they will move the interior walls about 12 feet at a time to double check and make double sure that it is safe. He is also working with a couple of contractors.
 
They haven’t purchased the building yet. They are into their due diligence period. They do need to have one ADA bathroom.
 
Signage will be their logo on the green awning.
 
The building will have a foyer with some seating and a little coffee cart. There will be some big open barn doors to walk into their sanctuary area which will seat 90 to 100. There will be four classrooms, storage room, mechanical room, bathrooms, and storage.
 
Mr. Shaddix sees this as a short-term solution. Their church is growing and eventually they would like to build a bigger space and then this space would become the refuge where kids know they can go for a safe place.
Lisa White motioned to approve a Conditional Use Permit for Calvary Chappel Sevier Valley to be located at 130 North Main. Blaine Breinholt seconded the motion. Those voting aye: Brion Terry, Greg Bean, David Mower, Lisa White, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
4. Other Business:
    A. Lisa White mentioned that Stan Jones called her to talk about his home on 200 North. He trying to sell the home, but is thinking of turning it into a VRBO, It is in the RM-11 zone which does not allow VRBOs. Mr. Jones wondered if there is a possibility of the Code being changed to allow VRBOs in the RM-11 zone. When the Code was revised to allow VRBOs in single family residential zones, it was limited to having only three vacation rental units in a home which would automatically limit it from becoming a big apartment complex or a hotel. Mr. Jones told her that if it a definite no, then he doesn’t want to make the trip here from Texas to discuss it. However, if there is a possibility, then he will come up and talk about
 
There was discussion that some communities limit the percentage of VRBOs that are be allowed in certain specified areas. There was discussion that perhaps there should be a percentage stipulation added.
Mrs. White said Mr. Jones isn’t asking for a decision, just an indication as to whether or not the Planning Commission would reconsider allowing VRBOs in the RM-11 zone.

It was determined that the Commission is willing to go through the process, but there is no guarantee that the Council will agree.
 
Mrs. White will contact Mr. Jones.
 
      B. A letter has been received complaining against Daphne’s Doggies. This business was reviewed a year ago due to a couple of neighbor complaints being received. At that time, several neighbors came to the meeting in support of Daphne’s Doggies, and it was determined that most of the neighbors do not think Daphne’s Doggies causes a problem for them, and they did not want to see the business license revoked.
 
This letter was written by the same person who complained a year ago. There was discussion that the code enforcement officer could check this out and see if there are valid issues. The complainant also brought up the violations of the subdivision’s protective covenants. The City does not and never has enforced protective covenants. That is up to individual homeowner’s associations. The complaint does say that the business is storing supplies in an outbuilding. If the business is a minor home occupation, then storage in an outbuilding would not be allowed. If it is a major occupation, storage in the outbuilding is allowed. It would only be a technical matter in changing the business license to a major home occupation.
 
Another issue complained of is parking issues and cars turning around in the middle of the road. Last year, Daphne’s Doggies agreed to ask all of their clients to be sure to park on the right side of the ride and don’t make U-turns in the middle of the street. It was pointed out that people make U-turns in the middle of the street all over town.
Michelle Curtis will check to see if this was approved as a major or a minor home occupation. The code enforcement officer could also be sent to check this out.
 
C. The General Plan will be reviewed again on September 19th at 6:00 p.m.
 
5. Adjournment. The meeting adjourned at 7:50 p.m.
 
PASSED AND APPROVED on the 5th day of September, 2018.
 /s/ Michelle Curtis
      Deputy City Recorder

Richfield City Corp

75 East Center

435.896.6439