COUNTY OF SEVIER
CITY OF RICHFIELD
 
At the Planning Commission
In and For Said City
May 13, 2020
 

Minutes of the Richfield City Planning Commission meeting held on Wednesday, May 13, 2020, at 6:00 p.m., Chairman Monte Turner, presiding.

1. Roll Call.
2. Public Hearing (6:00 p.m.):
    Public hearing to receive comments concerning an application for a 4-lot subdivision in Block 11 of Plat E, Richfield City Survey. Three lots of the subdivision are located on
    500 South between 400 and 500 West , and one lot is located on 400 West between 500 and 600 South. (Taft Minor Subdivision.) The Petitioner is Milton Taft.
3. Subdivisions.
    Discuss and make a recommendation for consideration of the City Council concerning the Taft Minor Subdivision.
4. Business Consideration.
    Consider approving an Application for Tyler Boren and Jadi Boren to conduct a business called Sacred Sisters House of Inner Peace at 44 West 100 North (P2 use,   D zone).
5. Fence.
    Discuss type of fence to be installed at apartments at 641 East 400 North.
6. Accessory Dwelling Unit. 
    Roxanne Wabel to request approval of an Accessory Dwelling for an Owner or Relative at her home at 589 East 600 North (R1-10 zone, C-1 use).
7. Minutes Approval.
    Consider approving the minutes of April 1, 2020.
8. Other Business.
9. Adjournment.

1. Roll Call. Roll call was answered by Monte Turner, Landon Larsen, Greg Bean, Kendrick Thomas, Susan Jensen, and Blaine Breinholt. Lisa White was excused.
City Staff Present: Deputy City Recorder Michelle Curtis. Rick Robinson was excused.
Others present: Jadi Boren, Tyler Boren, Brayden Gardner, and Corey Winkel.
 
2. Public Hearing (6:00 p.m.):
A public hearing was opened to receive comments concerning an application for a 4-lot subdivision in Block 11 of Plat E, Richfield City Survey. Three lots of the subdivision are located on 500 South between 400 and 500 West, and one lot is located on 400 West between 500 and 600 South. (Taft Minor Subdivision.) The Petitioner is Milton Taft.
 
The public hearing opened at 6:03 p.m. Brayden Gardner stated that he is in favor of the subdivision. There were no other comments. The public hearing closed at 6:04 p.m.
 
3. Subdivisions.
Discuss and make a recommendation for consideration of the City Council concerning the Taft Minor Subdivision.
 
Brayden Gardner represented the petitioners. The property is located on 500 South between 400 and 500 West. There will be three lots on 500 South which face north. One lot will be on 400 West facing east. There will be a fifth lot on the interior of the block which adjoins John Schena’s property. Mr. Schena has agreed to purchase the fifth lot and join it to his property.
 
Brayden Gardner has a client who is purchasing the property from Milton Taft, subject to the subdivision being approved. Sewer and water connections are already in place. Brayden has been working with both the natural gas company and the power company.
 
There are two irrigation pipes. One runs east and will be covered with a sidewalk. The other one flows south towards John Schena’s property. Brayden has met with Dustin Christensen of Sevier Valley Canal Company and he has no concerns. Once the water leaves the weir, the canal company does not control it. John Southwick has helped Brayden. He believes he knows everyone who uses the water, and they are good to maintain the pipes the way they are.
 
The development review committee has recommended that they put a street light on the power pole between lots 2 and 3. Sidewalk will be installed along 500 South without a planter strip. Curb and gutter is already existing. There is a sidewalk on 400 West and 500 West.
 
Blaine Breinholt motioned to recommend that the City Council approve the Taft Minor Subdivision as discussed above. Greg Bean seconded the motion. Those voting aye: Monte Turner, Blaine Breinholt, Greg Bean, Kendrick Thomas, Landon Larsen, and Susan Jensen. Those voting nay: None. The motion carried unanimously.
 
4. Business Consideration.
Consider approving an Application for Tyler Boren and Jadi Boren to conduct a business called Sacred Sisters House of Inner Peace at 44 West 100 North (P2 use, D zone).
Jadi Boren and Tyler Boren were present. They will be renting this building from Elaine and Robert Christensen. This will be a new age metaphysical store, a crystal shop with lots of rock specimens and herbs such as sage bundles and loose-leaf herbs that can be burned on charcoals. In the basement, there is a tanning bed that will be used for red-light therapy which is healthier and helps with anti-aging and regenerates cells.
 
There are no other businesses like this in town or any towns close. There are some mom-and-pop shops in some of the tourist areas that have crystals, but not of the magnitude that they propose and the inventory that they want to hold.
 
This is a retail business but they will also hold classes on meditation and mindfulness, teaching people to tune into their intuitive gifts. It is nothing strenuous or hands-on. Ms. Boren certified as a Reiki practitioner. It is hands-off and so there are no liability issues, although they will have general liability insurance.
 
They anticipate their clients will park in front of their store and either behind the theater to the north or behind Christensen’s in the parking lot to the south.
They do have a license for massage therapy and will have massage therapy sessions when things change with Covid-19.
 
They will need to have a fire inspection.
 
They will come to the City to make sure their sign complies with City ordinance.
 
Greg Bean motioned to approve the business called Sacred Sisters House of Inner Peace to be located at 44 West 100 North (P-2 use, D zone). Kendrick Thomas seconded the motion. Those voting aye: Monte Turner, Blaine Breinholt, Greg Bean, Kendrick Thomas, Landon Larsen, and Susan Jensen. Those voting nay: None. The motion carried unanimously.
 
5. Fence.
Discuss type of fence to be installed at apartments at 641 East 400 North.
 
Corey Winkel represented Mike Berrie, who is the owner of the property. He reminded the Commission that when the apartments were approved, there was some discussion about needing a fence and what kind of a fence would be approved. He said each side of the property has an existing fence. The property to the west has a chain link fence with privacy slats on the north side of it. Mr. Allen, the property owner on the west, would be happy if that fence continued along the east side of his home (which would be the west side of these apartments).
 
On the east side of the property, there is a chain link fence with railroad ties. He is proposing to put some rails and then some 1x6 dog-eared cedar which is what the neighbor has on the other sided of their home.
 
The fence on the north will be the same as the fence on the east.
 
Regarding fences, the Zoning Code states as follows:
                    Section 1620.5.2 Apartments, Condominiums, and Town Homes: Any lot with four or more dwelling units and having a common lot line with property
                    used for less-dense residential purposes or vacant property that is presently zoned for less-dense use, shall require the construction of a sight-obscuring
                    masonry fence with a height of six feet. Said fence shall be reduced to three feet in height inside the front yard setback area of the residential property.
 
                    Section 1620.6 Modification of Fence Requirement. For all fences required in sections 5.1 and 5.2, the Planning Commission may modify the height of the
                    fence and/or approve a fence constructed of materials other than masonry if it makes the following findings:
                                    6.1 The proposed fence provides an adequate buffer for the adjoining residential zone, and
                                    6.2. The appearance of the fence will not detract from uses in the residential zone.
                                    6.3. The proposed fence will shield the residential use from noise, storage, traffic, or any other characteristic of commercial or professional office
                                           uses that are incompatible with residential uses.
 
The Planning Commission feels like the fences that Mr. Winkel has presented above are appropriate because these types of fences are already in existence and the proposed fences will provide an adequate buffer between the apartments and the adjoining residential uses.
 
Greg Bean motioned to approve the fence types as discussed above to be located at the apartments being constructed at 641 East 400 North. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Blaine Breinholt, Greg Bean, Kendrick Thomas, Landon Larsen, and Susan Jensen. Those voting nay: None. The motion carried unanimously.
 
6. Accessory Dwelling Unit.
Roxanne Wabel to request approval of an Accessory Dwelling for an Owner or Relative at her home at 589 East 600 North (R1-10 zone, C-1 use).
 
Roxanne Wabel stated that several years ago, she added a two-story addition on the back of her home. At that time, she had 10 children living at home with only three children living there now. She now has adult children wanting to move back in the home with their kids. She wants to take the second story of the addition, which is about 1000 square feet, and turn it into a small apartment. The only change to the outside of the home would be to put stairs in the back yard going up to the deck so that there would be a separate entrance.
 
Mrs. Wabel would like the apartment to have a separate address and charge them rent. She runs a State-licensed daycare at her home and they will require a separate address for any rental unit that she has. She was told that the City Building Official Rick Robinson and Cynthia at the County Road Department will assign the separate mailing address.
 
The apartment currently has a family room, three bedrooms, and a bathroom. She will add a kitchen sink. It will not require a lot of changes. There is an interior door separating the two areas. She wonders what kind of separation is required between the two areas, if she just needs to put a dead bolt on the door between the two areas? She was told that wouldn’t be necessary.
The Zoning Code states as follows:
                                                   1706.11: As a requirement to establish an Accessory Dwelling Unit for an Owner, Relative or
                                                   Employee, the property owner shall record against the deed of the property, a deed
                                                   restriction, in a form approved by the City, running in favor of the City, which shall prohibit the
                                                   rental, lease or sale of the Accessory Dwelling Unit for an Owner or Employee separately
                                                   from the rental, lease or sale of the primary use or building. Proof that such deed restriction
                                                   has been recorded shall be provided to the Zoning Administrator prior to the issuance of the
                                                   Certificate of Occupancy for the Accessory Dwelling Unit for an Owner, Relative or
                                                   Employee.
 
The Code requires a minimum of two off-street parking spaces. Mrs. Wabel says that she has plenty of space to provide two off-street parking spaces.
 
Kendrick Thomas motioned to approve Roxanne Wabel’s request for an accessory dwelling unit at her home at 589 East 600 North (R1-10 zone, C-1 use). Landon Larsen seconded the motion. Those voting aye: Monte Turner, Blaine Breinholt, Greg Bean, Kendrick Thomas, Landon Larsen, and Susan Jensen. Those voting nay: None. The motion carried unanimously.

7. Minutes Approval. The minutes of April 1, 2020 of were reviewed. Kendrick Thomas motioned to approve the minutes of April 1, 2020. Greg Bean seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Susan Jensen, Landon Larsen, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
8. Other Business: Kendrick Thomas said that the City is having Jones and DeMille review the sewer and water impact fees. He wonders if there is a way to make it more equitable for lots that are developed in the inner blocks of the City. At the time he constructed a triplex unit on 500 South, he paid approximately $30,000 for curb, gutter, sidewalk, and shoulder paving. He went to the City Council to see if some of that could be waived and it wasn’t. The street improvements were waived for the apartments on 400 North. Sometimes that makes sense because of drainage issues. He wonders if there is a way to make it more equitable for developers, perhaps by charging an impact fee so that it could be used City-wide to help with the installation of street improvements. That is something for a representative from the Planning Commission to bring up to City Manager Michele Jolley and the City Engineers, Jones and DeMille, to see if that is a possibility.
 
9. Adjournment. The meeting adjourned at 7:15 p.m.
 
PASSED AND APPROVED on the 3rd day of June, 2020.
 
/s/  Michelle Curtis
         Deputy City Recorder

Richfield City Corp

75 East Center

435.896.6439