COUNTY OF SEVIER
CITY OF RICHFIELD
At the Planning Commission
In and For Said City
July 1, 2020

Minutes of the Richfield City Planning Commission meeting held on Wednesday, July 1, 2020, at 6:00 p.m., Chairman Monte Turner, presiding.

1.   Roll Call.
2.  Action on Public Hear
     A. Public hearing to receive comments concerning a proposed amendment to the General Plan and zoning map affecting parcel            no. 1-12-14. The property is located west of South Meadows Subdivision on the south side of the street. The application
        proposes a change of zone from MD (Manufacturing) to RR-1 (Rural Residential).
     B. Public hearing to receive comments to consider changing the Zoning code to allow the construction of garages, barns, and
        outbuildings that are not accessory to the primary use of the property. The change being considered would apply to the RR-1,
        RR-5 and F-1 zones (Rural Residential and Forestry).
 3.  Home Occupation Permits.
     A. Consider approving Valerie Jensen’s application for a Home Occupation Permit allowing her to conduct a business called Epic
         Designs, LLC, to be located at 470 North 600 East (RM-11 zone).
     B. Consider approving William Purkey’s application for a Home Occupation Permit allowing him to conduct a business called
         Garden Dreams Stoneware to be located at 496 North 300 West (R1-10 zone).
4.  Minutes Approval.
     Consider approving minutes of June 3, 2020.
5. Other Business.
    A. Scott Hyatt to discuss a concept plan for a business to be located at approximately 1190 South 100 West (CG zone) (north of
        new car wash property).
    B. Discuss suggested revision to parking requirements for Accessory Dwelling Units, Section 1706 of the Zoning Code.
6. Adjournment.
 
 
1. Roll Call. Roll call was answered by Monte Turner, Kendrick Thomas, Lisa White, Susan Jensen, and Blaine Breinholt. Greg Bean and Landon Larsen were excused.
 
City Staff Present: Deputy City Recorder Michelle Curtis and Building Official Rick Robinson.
 
Others present: William Purkey, Jamie Purkey, Skyler Davis, Scott Hyatt.
 
2. Public Hearings (6:00 pm).
   A. Public hearing to receive comments concerning a proposed amendment to the General Plan and zoning map affecting parcel no. 1-12-14. The property is located west of South Meadows Subdivision on the south side of the street. The application proposes a change of zone from MD (Manufacturing) to RR-1 (Rural Residential).
 
This property is a small parcel located between South Meadows Subdivision and Highway SR 118. Cary Day owns this lot and the lot in South Meadows that is right next to this one. He is asking that the zone be changed to RR-1 (Rural Residential) so that the two lots are in the same zone. The City has a road right-of-way and a sewer easement through this property. The City will be abandoning the road, and Mr. Day will allow access to the sewer and build a 15-foot wide gate so that the City has access. The public hearing closed at 6:09 p.m.
 
      B. 6:09 p.m. Public hearing to receive comments to consider changing the Zoning Code to allow the construction of garages, barns, and outbuildings that are not accessory to the primary use of the property. The change being considered would apply to the RR-1, RR-5 and F-1 zones (Rural Residential and Forestry).
 
Rick Robinson advised that this proposal would allow the construction of a garage before a home is built. This would apply to zones with larger lots. Skylar Davis represented Cary Day. Mr. Davis sells metal buildings for Cleary Building. He has sold a building to Mr. Day, but they thought the property was in the County where he would be able to build a garage without a home. It turns out this property is in the City. The City’s Zoning Code states that a garage is an accessory use to the main use of the property. Therefore, a home has to be constructed before an accessory garage is allowed. Mr. Day would like to build the garage, but does not plan to build his home until he can retire in four or five years.
 
3. Action on Public Hearings:
     A. Public hearing to receive comments concerning a proposed amendment to the General Plan and zoning map affecting parcel no. 1-12-14. The property is located west of South Meadows Subdivision on the south side of the street. The application proposes a change of zone from MD (Manufacturing) to RR-1 (Rural Residential).
 
Lisa White made a motion to recommend that the City Council change the zone of parcel no. 1-12-14 from MD (Manufacturing) to RR-1 (Rural Residential). (This includes the portion of the property that is owned by the City.) Kendrick Thomas seconded the motion. Those voting aye: Monte Turner, Lisa White, Susan Jensen, Blaine Breinholt, and Kendrick Thomas. Those voting nay: None. The motion carried unanimously.
 
      B. 6:09 p.m. Public hearing to receive comments to consider changing the Zoning Code to allow the construction of garages, barns, and outbuildings that are not accessory to the primary use of the property. The change being considered would apply to the RR-1, RR-5 and F-1 zones (Rural Residential and Forestry).
 
This item was discussed in depth. This change would only affect a small portion of the City because there are few areas in the City with these zoning designations. If the ordinance is changed, the Commission could make it a permitted use or a conditional use. Rick Robinson said if it is a permitted use, he could issue the building permit based on making sure that a house can still be built and comply with setbacks.
 
Kendrick Thomas said given the limited number of places where this could happen, he wouldn’t be opposed to allowing this in these larger zones. Lisa White hesitates because she wonders what else the Commission would be opening itself up to. She can understand this gentleman wanting to build a house later when he retires and moves here, but what if he builds the garage, changes his mind and doesn’t build the house. There is also a concern that someone could put a travel trailer there to stay in on weekends or through the summer.
 
Kendrick Thomas said he has seen this happen often at the edge of City limits. A person could submit a house plan and pay the building permit. The City would likely allow them to construct a garage, because they actually have a building permit for a home. But in the case at hand, the gentleman cannot be issued a building permit for a home because he doesn’t plan to build it for a few years.
 
Lisa White said she would feel better doing it as a conditional use so that each one could be reviewed and approved based on conditions. Kendrick Thomas said he feels like this is a county-appearing area, the lots are larger, and there is precedence around the perimeter of the City where this is allowed.
 
Rick Robinson said South Meadows has an HOA. Rick Robinson suggested that he could require they show him that they have permission from the HOA. Michelle Curtis pointed out that most HOAs go away over time, and the City does not enforce HOA requirements.
 
Lisa White said she wouldn’t like to see this happen in the Forestry district. She would worry about someone putting up a shanty garage and then start putting garbage in there and leave it forever. Commission members agree with this. Susan Jensen agrees that this would affect only limited areas. She believes the City would want to see a site plan to ensure that the home still fits when they built it.Lisa White made a motion to recommend that the City Council change the Zoning Code for only rural residential zones to allow out-buildings as not accessory to the primary use, as a C-1 use, given the protection that the Building Official will require a site plan showing a home will fit on the lot with the garage. Kendrick Thomas seconded the motion. Those voting aye: Monte Turner, Lisa White, Susan Jensen, Blaine Breinholt, and Kendrick Thomas. Those voting nay: None. The motion carried unanimously.
 
4. Home Occupation Permits.
    A. Consider approving Valerie Jensen’s application for a Home Occupation Permit allowing her to conduct a business called Epic Designs, LLC, to be located at 470 North 600 East (RM-11 zone).
 
Valerie Jensen was present. She does epoxy counter tops, art pieces, paints, and does woodworking. Her niece and husband have a large shed in the back of their home that they will let her use. The business does not make a lot noise. She has a shop vac for the sawdust. It does not create a lot of waste. Clients will not come to the home. She has a website and an Etsy page.
Kendrick Thomas motioned to approve Valerie Jensen’s application for a Home Occupation Permit allowing her to conduct a business called Epic Designs, LLC, to be located at 470 North 600 East (RM-11 zone, C-1 use), with the condition that there will no noise from 9:00 p.m. to 7:00 am. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Lisa White, Susan Jensen, Blaine Breinholt, and Kendrick Thomas. Those voting nay: None. The motion carried unanimously.
 
      B. Consider approving William Purkey’s application for a Home Occupation Permit allowing him to conduct a business called Garden Dreams Stoneware to be located at 496 North 300 West (R1-10 zone, C-1 use).
 
William Purkey was present. He creates concrete statuaries, head stones, etc. He will use his garage for manufacturing these. The concrete is mixed by hand. They don’t use a machine for mixing. There is a vibrating table that settles the concrete. It isn’t very noisy. They do all of the work in the garage, so it shouldn’t be an annoyance to their neighbors. They sell their product on a website and advertise on Facebook. There will not be a show room. They could be one customer there at a time, although they do have room for four cars to park in their driveway. 
 
Lisa White motioned to approve a Home occupation Permit allowing William Purkey to conduct a business called Garden Dreams
Stoneware to be located at 496 North 300 West (R1-10 zone, C-1 use), with the condition that the business doesn’t create a lot of noise during the hours of 9:00 p.m. and 7:00 a.m. Susan Jensen seconded the motion. Those voting aye: Monte Turner, Lisa White, Susan Jensen, Blaine Breinholt, and Kendrick Thomas. Those voting nay: None. The motion carried unanimously.
 
5. Minutes Approval. The minutes of June 3, 2020, were reviewed. Page 2, line 6 will be revised to state “There were no public comments. The public hearing closed at 6:02 p.m.” Page 2, Line 30, “Kristina” will be changed to “Christina”. Lisa White made a motion to approve the minutes of June 3, 2020, as amended. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Lisa White, Susan Jensen, Blaine Breinholt, and Kendrick Thomas. Those voting nay: None. The motion carried unanimously.
 
6. Other Business:
    A. Scott Hyatt was present. He wanted to inform the Planning Commission that he plans to do a restaurant-type building that will have two tenants. It will be 60x60 on each side. Jones & DeMille is working on plans for him. The franchisee wants to put up a sign announcing that they are coming to town. He thought he should let the Commission know so that Commission members are not surprised when they see the sign. He will have plans ready for review at next month’s meeting.
    B. Discuss suggested revision to parking requirements for Accessory Dwelling Units, Section 1706 of the Zoning Code. This matter was minimally discussed and then was tabled for discussion later time.
 
7. Adjournment. The meeting adjourned at 7:20 p.m.
 
PASSED AND APPROVED on the 5th day of August, 2020.
/s/  Michelle Curtis
         Deputy City Recorder

Richfield City Corp

75 East Center

435.896.6439