COUNTY OF SEVIER
CITY OF RICHFIELD
At the Planning Commission
In and For Said City
August 5, 2020
 

Minutes of the Richfield City Planning Commission meeting held on Wednesday, August 5, 2020, at 6:00 p.m., Chairman Monte Turner, presiding.

1. Roll Call.
2. Conditional Uses:
    A. Consider approving David Smith’s request to use the home located at 308 West 100 North as a short-term/vacation rental
        (Airbnb) (CS zone, RM-11 use) (telephonic).
    B. Consider approving Derek and McKenzie Kirk’s request to use their home located at 841 West 1100 South as a short-       
         term/vacation rental (Airbnb) called Kirk Getaway (R1-10 zone, C-1 use).
    C. Consider approving Kyle Finlinson’s request to use the home located at 840 South 1030 West as a short-term/vacation rental
        (Airbnb) (R1-10 zone, C-1 use).
3. Business Consideration:
    A. Consider approving Karl Obray’s request to conduct a business called Frosted Fire LLC at 167 North Main. This business will be
         creating and selling hemp oils (D zone, P-2 use).
4. Poulsen 3-plex:
    A. Jason Poulsen to discuss building a 3-plex at 196 North 500 East. The property is 145.87 square feet short of the required square
        footage for a 3-plex. (Requirement is 15,000 square feet. The property is comprised of 14,854.13.)
5. Projects:
   A. Discuss and consider approving Eric Torgersen’s plan for a commercial-type 50’x80’ metal building to be located at 246 West
       800 South (CS zone, C-1 use).
   B. Consider approving an application submitted by Scott Hyatt for the construction of a business called Fiiz Drinks to be located at
       approximately 1200 South 100 West (CG zone, C-2 use).
6. Minutes Approval:
    Consider approving minutes of July 1, 2020.
7. Other Business.
8. Adjournment.
 
1. Roll Call. Roll call was answered by Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Landon Larsen.
 
City Staff Present: Deputy City Recorder Michelle Curtis.
 
Others present: Kameron Finlinson, Eric Torgerson, John Spendlove, Karl Obray, David Bailey.
 
2. Conditional Uses:
    A. Consider approving David Smith’s request to use the home located at 308 West 100 North as a short-term/vacation rental (Airbnb) (RM-11 zone, C-1 use) (telephonic).
 
David Smith was called on the telephone as he lives in California. He has made an offer on a home located at 308 West 100 North. He plans to use contractors from Richfield to make some updates to the home. There is plenty of off-street parking with room for six vehicles.
 
Mr. Smith said the home does have four rooms that have been used as bedrooms. The Zoning Code only allows three bedrooms for short-term/ vacation rentals. If he cannot use the four bedrooms, then he will advertise it as a 3-bedroom rental and use the fourth room as a study room or game room. Mr. Smith was told that he won’t be able to use the fourth room as a bedroom.
He was asked to make sure that the address is clearly visible on the two street-facing sides of the home.
 
Blaine Breinholt motioned to approve David Smith’s request to use the home located at 308 West 100 North as an Airbnb with the conditions that there are only three bedrooms and the property address is clearly visible from both 100 North Street and 300 West Street. Lisa White seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Landon Larsen. Those voting nay: None. The motion carried unanimously.
 
Mr. Smith said that the home has had a fire inspection.
 
      B. Consider approving Derek and McKenzie Kirk’s request to use their home located at 841 West 1100 South as a short-term/vacation rental (Airbnb) called Kirk Getaway (R1-10 zone, C-1 use).
 
Derek and McKenzie Kirk were present. Kendrick Thomas declared a conflict of interest as McKenzie Kirk is his sister. The Kirks live in this home, but would like to use the basement as a short-term/vacation rental. Their driveway is large enough to accommodate three vehicles besides their personal cars. Renters can enter through a separate door and will not have to go through their home. The basement has two bedrooms, a full bath, and a kitchen.
 
Lisa White pointed out that the Zoning Code states that primary access shall be provided through the main entrance of the dwelling. Commissioners feel like the wording should be changed in the Code so that renters access the rooms from an outdoor or exterior entrance.
 
The Kirks were asked to make sure the address is very visible on the home.
 
Lisa White motioned to approve Derek and McKenzie Kirk’s request to use their home at 841 West 1100 South as a short-term/vacation rental (Airbnb) called Kirk Getaway contingent upon the wording in the Zoning Code being modified to allow that renters can have access to rooms from an outdoor or exterior entrance.
There was further discussion on the motion as to the requirement that the Zoning Code be changed prior to allowing the Kirks to conduct this business.
 
The motion died for lack of a second.
 
Greg Bean motioned to approve Derek and McKenzie Kirk’s request to use their home at 841 West 1100 South as a short-term/vacation rental (Airbnb) called Kirk Getaway (R1-10 zone, C-1 use). Landon Larsen seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Landon Larsen. Those voting nay: None. The motion carried unanimously.
 
      C. Consider approving Kyle Finlinson’s request to use the home located at 840 South 1030 West as a short-term/vacation rental (Airbnb) (RM-11 zone, C-1 use).
 
Kameron Finlinson represented Kyle Finlinson. This property is located in the Park Retreat Condo development. The condo/duplex has a permanent resident. The plan is to rent only a bedroom and a bathroom that is accessed by an outdoor entrance. There will be a lock between the rental bedroom and the rest of the home.
 
The door to this rental will be on the back of the condo/duplex. The Commission told Mr. Finlinson he needs to make sure the back door is marked clearly so that visitors can find it easily. It was also suggested his advertisement should include a good description of how to find it.
 
Mr. Finlinson was advised this is a conditional use which means if there are complaints or annoyances expressed, the Commission can have him come back to Planning Commisison to address the concerns. He needs to have a fire inspection.
 
Greg Bean motioned to approve Kyle Finlinson’s request to use the home located at 840 South 1030 West as a short-term/vacation rental (Airbnb) (RM-11 zone, C-1 use) subject to passing a fire inspection and making sure that the rental portion has an address posted that is clearly visible. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Landon Larsen. Those voting nay: None. The motion carried unanimously.
 
3. Business Consideration:
    Consider approving Karl Obray’s request to conduct a business called Frosted Fire LLC at 167 North Main. This business will be
creating and selling hemp oils (D zone, P-2 use).
 
Karl Obray and David Bailey were present. They are registered farmers for growing agricultural hemp. They grow hemp on a 20-acre farm in Sevier. They will be selling CBD oils. They are launching a retail line which is mostly e-commerce with internet, but they want a store front to be able to sell to locals. This is highly regulated by the State. They have already been approved by the state.
At the present time, they will not do any processing. Processing is done by a company in Colorado. This location will be used for labelling, packaging, and mailing. A year from now, they may want to process it. At the time they decide to start processing, they probably won’t stay at this same location. They will come back to the City if they come to a point where they decide to process it.
Lisa White motioned to approve the request of Karl Obray and David Bailey to use the building at 167 North Main as a retail store called Frosted Fire LLC at 167 North Main, with the condition that if they decide to process the product, they will come back to the City for approval. Greg Bean seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Landon Larsen. Those voting nay: None. The motion carried unanimously.
 
4. Poulsen 3-plex:
   Jason Poulsen to discuss building a 3-plex at 196 North 500 East. The property is 145.87 square feet short of the required square
footage for a 3-plex. (Requirement is 15,000 square feet. The property is comprised of 14,854.13 square feet.)
 
Jason Poulsen was present. He said he has torn down the old home located at 196 North 500 East. The property is zoned RM-11. He would like to build a 3-plex which requires property square footage of 15,000. The property is short by 145.87 square feet. He pointed out that there is a shortage of rentals within the City. He would prefer to build a 4-plex, but that would require a total of 18,500 square feet. He states that building official Rick Robinson had told him that he felt confident that the Planning Commission could give him some leeway for a 3-plex where the property is only short by 145.87 square feet.
 
Mr. Poulsen is also aware of the requirement for curb, gutter, and sidewalk, and he also plans to do landscaping so that it looks nice. He wondered if the City would help him with the sidewalk by using the sidewalk replacement program. If the City manager or Council approved that, he would be entitled to 12 yards, plus 3 yards for a handicap corner approach.
 
Kendrick Thomas motioned to approve Jason Poulsen’s request to build a 3-plex at 196 North 500 East with the property being 145.87 square feet short of the required 15,000 square feet, based on the representation that the building official had suggested that it is so close, it could probably be allowed. Lisa White seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Landon Larsen. Those voting nay: None. The motion carried unanimously.
Mr. Poulsen is aware that if he goes forward with this project, he will need to have project plans drawn up to bring back to Planning Commission for site approval.
 
Deputy City Recorder Michelle Curtis left the meeting.
 
5. Projects:
    A. Discuss and consider approving Eric Torgerson’s plan for a commercial-type 50’x80’ metal building to be located at 246 West 800 South (CS zone, C-1 use).
 
Eric Torgerson was present. He presented this concept several months ago where he would like to build some type of commercial buildings that would house contractor-type offices for businesses such as a heating company, window tinting company, roofing business, etc. He ultimately wants to build two buildings; however, he would like to build the first building on the back of the lot (north side) to see if there is a demand for this type of rental property.
 
The building will be 50’x80’. The building will have two or three office areas with a bay door for each. The building will face west. He does not have a site plan, but he is aware of the setback requirements and will situate the building so that it meets all setbacks.
He does have engineered plans and is ready for a permit, but he wants to class it up. He would like to be able to build this and see if he is able to rent it out and see what kind of parking that renter would need. Otherwise, he will call this an accessory garage to the home that is located on the lot.
 
The process of going through the DRC was explained to Mr. Torgerson, that he needs to have a site plan and a more definite plan of what he is going to do. Commissioner Kendrick Thomas pointed out that it is difficult for a developer because they do want some kind of guidance and knowing that something is acceptable before they spend a lot of money on engineered formal plans.
There was some discussion that the Commission could give him approval for this concept contingent upon him providing something for the DRC to review and make sure that his plans meet all of the Zoning Code requirements. There were questions as to why Mr. Torgerson was put on the agenda without having had a DRC review, that it seemed there had been a break-down in the process, etc.
Note: While formal DRC comments were not sent to Commissioners, staff (DRC) had discussed this, and the following statement was forwarded Commissioners prior to this meeting:

        “Regarding Eric Torgerson, he doesn't have a definite plan. He discussed this with the Planning Commission some months ago.
         He would like this to be a rental-type building where a contractor could have an office. He ultimately wants to build two
         buildings, but would only build one at the present time to see if there is a demand for it. He will place it at the north side of the
         property. If he does not end up renting it out as commercial, he will use it as an accessory building to the home that is there.
         Therefore, he wonders if you are going to require him to do all improvements at the present time. Staff discussed it briefly and 
         feels like he should install curb, gutter, and sidewalk.”
 
Mr. Torgerson pointed out that he would be allowed to build an accessory building to the residence and so why can’t he just say that is what this is. He was told that would be acceptable.
 
Chairman Turner said it sounds like the City’s process can be cumbersome for developers when they don’t want to spend a lot of money on engineered plans until they know that what they are doing is going to be acceptable. He feels like maybe the process should be fixed. Kendrick Thomas said he believes there should be a concept that is brought before the Commission to make sure that it is something that will be approved. Then a petitioner could provide the formalized plan so that the DRC could review it and then send it back to the Commission.
 
Mr. Torgerson suggests that he will build the building to meet the City’s setbacks. If someone comes to rent it, then he will visit with the Planning Commission and tell them who the tenant is going to be and the Planning Commission can then tell him what improvements he needs to put in.
 
Mr. Torgerson was told to go ahead and pull a building permit. He was told to bring formal plans to the City Office.
 
     B. Consider approving an application submitted by Scott Hyatt for the construction of a business called Fiiz Drinks to be located at approximately 1200 South 100 West (CG zone, C-2 use).
 
Kendrick Thomas declared a conflict of interest because he works Jones and DeMille which is the firm which has prepared Mr. Hyatt’s plans. John Spendlove represented Scott Hyatt. At last month’s meeting, Mr Hyatt presented a concept for restaurant-type businesses which would be one building to be split into two units. One of the businesses would be Fiiz Drinks and another business for the other side of the building. Since then, Mr. Hyatt has revised the plan showing a smaller building which is a 50’x50’ building that would house Fiiz Drinks and then if another business works out, he will come back to get approval of an addition to the building.
Mr. Spendlove and Mr. Hyatt have both received the DRC notes. Those notes are discussed as follows:
 
        1. Curb, gutter, sidewalk. The plan shows installation of curb, gutter, and sidewalk.
        2. Parking. Required at one space for four seats or one space for each 100 square feet of floor area. 13 parking spaces are
            required. The plan shows 23 spaces.
        3. Sewer. Sewer is shown as coming from the southeast corner of the lot. Mr. Hyatt needs to be aware that if he were to do a
            separate building to the north, it would have to have a separate sewer at that time. If the proposed building is added to, then
            the same sewer could be used. If they were to build a separate building further to the north, the sewer will need to go all the
            way to the north to accommodate the second building.  (Deputy City Recorder Michelle Curtis had to leave the meeting early.
            Because there was a lot of discussion questioning this item, this explanation is offered post meeting: Normally a developer is
            required to take water and sewer connections all the way to the far edge of their property so that a contiguous property can
            then connect when it develops. In this case that would be the north side of the property. The water line is already in the street
            the entire length of the property. Because all properties are already developed to the north, east, and west of this project,
           there is no reason to require the sewer line to continue north. However, if there is a possibility that a second restaurant
           property will be constructed at the north end of the property rather than as an addition to this building, it will need to have a
           separate sewer connection. If the developer anticipates that a second building might be a possibility, it would be best for the
           developer to put in the sewer line now, rather than have to tear up the street later to extend the sewer line all the way to the
           north. This has been clarified with both John Spendlove and Scott Hyatt.)
       4. Water. Water is available in the street.
       5. Fire Hydrant. There is a fire hydrant by Larsen’s Ace Hardware.
       6. Knox Box. Consider installing a knox box.
       7. Drainage. A drainage basin is shown at the southwest corner. Ensure with city engineer or building official that this is adequate
            for drainage.
       8. Landscaping. Landscaping is adequate and is shown as rocks and shrubs.
       9. Signage. Provide plans and have them approved by either Planning Commission or the building official.
     10. Food Truck Stalls. The plan shows an area on the west side of the property for food truck stalls. Discuss this. (Food trucks
           cannot be parked so that customers have to stand on the sidewalk to order food. They would have to be served from the
           east.) This was agreed to.
     11. Elevations. Provide plan showing elevations and finishes. Mr. Hyatt is workingwith an architect on this.
     12. Fees. Water and sewer impact fees, connection fees, building permit.
 
The plan shows street lights at both entrances.
 
Lisa White motioned to recommend approval of the application submitted by Scott Hyatt for the construction of a business called Fiiz Drinks to be located at approximately 1200 South 100 West (CG zone, C-2 use) contingent on DRC requirements being satisfied as discussed above. Greg Bean seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, Blaine Breinholt, and Landon Larsen. Those voting nay: None. The motion carried unanimously.
 
6. Minutes Approval:
    Consider approving minutes of July 1, 2020. The minutes of July 1, 2020 were reviewed. Lisa White said when accessory buildings in the RR-1 zones were discussed, the Commission recommended that the Zoning Code be changed in the RR-1 zone providing that outbuildings should be allowed as not an accessory use, but to be approved as a C1 use so that they come in on a case-by-case basis. Kendrick Thomas agrees said this is his recollection as well. Lisa White motioned to approve the minutes of July 1, 2020, as amended. Blaine Breinholt seconded the motion. Those voting aye: Monte Turner, Greg Bean, Kendrick Thomas, Lisa White, Susan Jensen, Landon Larsen, and Blaine Breinholt. Those voting nay: None. The motion carried unanimously.
 
7. Other Business:
 
8. Adjournment. The meeting adjourned at 7:30 p.m.
 
PASSED AND APPROVED on the 2nd day of September, 2020.
 /s/  Michelle Curtis
         Deputy City Recorder

Richfield City Corp

75 East Center

435.896.6439