Planning Commission - Regular Meeting

The reason is I just Okay. Good evening. Would like to welcome everyone out to our 6 p.m. planning commission meeting. We apologize for the slight delay. I want to recognize that all of the planning commissioners are present with the exception of Alan Borth uh Commissioner Boorp who is excused and Commissioner Hensra. Um next on our agenda would be the time that we have for public comment. would be for opportunities for the public to address the council or the committee the commission on items that will not be covered in our agenda tonight. So, u I don't know if we have of those present wanting to make any comments at this time. Okay, we'll move next to our next item which is item C, presentation and reports, community development update. Mr. Cooper, please. Yes, sir. Thank you. Um, just a brief update on Trader Joe's. If you've uh driven by, you've seen that the storefront openings have been cut, so that building is looking more and more like a a store would look. So, that's exciting. Uh, we are seeing progress on the other development projects that are happening. The Riverdale town homes are about to uh enter into the framing phase. So, you'll see framing happening happening soon. The Kangar Honda is getting their site improvements done in front of the new

building and getting ready to tear down the last of the old building. So, that'll be an exciting change. The block walls are going up on the uh America First Credit Union Hillside project. So, that's looking interesting. I think people are starting to hopefully see what that what those pylons were meant for as they as they build those blocks out. Um and then uh just a quick update on our string town initiative. Uh we have been working over the last few week months to get all of the property owners under a contract called an exclusive negotiation agreement that has happened. Everybody signed. So we're just trying to schedule our first initial meeting with all the property owners that will that will commence our monthslong process of master planning stringtown. So the first four months, four to six months are really set up to assess our existing conditions and start to figure out what we have in terms of utilities and developable land and all the things. And then we'll move into what's called a framework plan. Um during that time, the commission will be invited to participate in some of those discussions in terms of because we'll be planning the land. Um and then we'll actually um work on that like I said for about 6 months and then if all goes well and the parties deem that the project is feasible then we'll move into a uh more in-depth master planning process which will include public um input and stuff like that and more commission involvement. So um pencil us in on your calendar for this summer and fall. Okay, cool. Great. That's exciting. I have one question. um the uh new road that's uh being put in up around the America First property. Is there a completion date on that yet? I mean, we're going on three

years now of that uh of the beginning of that project and and I'm just curious if there's a completion date. I hesitate to share one um just because we ask that same question to America first and they do their best to give us the date and it usually comes and goes. Not because they're not trying, just because what they have found in real life is completely different than what they planned for in terms of the location of the utilities, the depth of the utilities, the types of utilities. There is progress being made today. Um, Weber Basin just finished a big waterline connection that wasn't originally planned for. Uh, so they're spending millions of dollars to try to get that complete. Um, they did present to the council just a few weeks ago. Uh, if you're interested in having that same presentation given to you all, we can make that request and have them come and share some updates with you specifically. Um, we hope that a portion of the road will be open this summer. Not all of it, just a portion. Okay. But if you'd like them to come, just let me know and I'll make that request. Or we could probably review the city council meeting where they made the presentation there. Do you know that date that they did that? The allseeing eye does. What's up? It does make sense. Okay. Okay. We'll pull it up and send you the link. Okay. Thanks. Okay. And for your information, they were doing pilings today again. Hammering. Did you hear them? Oh, yeah. I heard him for the last couple weeks. Well, off and on, but today was really loud, so I don't know what they were doing up there today. That's for the parking structure on the top of the hill. Is that what it is? Okay. One question I had um was Starbucks. They were going to realign

their drive up. Yeah. Um, seems like we're approaching about a year on that out. Are they making any progress with that? No, that that project got mothballled. Okay. Um, I've heard that from the pro from the landlord, Mr. Merrill. uh he indicated that with the change at Starbucks leadership, the CEO level, they elected to go in a different direction across a lot of these existing stores. And so, from what I understand, they're not moving forward right now with those with those improvements. If they choose to do that at a later date, you're absolutely right, that site plan will likely have expired by then, and they would have to come back to the commission and to the council for an approval. Okay. All right, thanks for that update. All right, next we would have our consent items. Consideration of meeting minutes from May 27th for both the regular session regular meeting and the work session. Commissioners, any changes to make note of? I I did notice, you know, last last meeting I wasn't here and they made in the work session they made me Not absent, but excused. In the regular ones, I was absent. Is there a difference in excused? Yeah. Um, in the top of it, it should still say excused, but on the vote, it has to say absent. To vote, it has to be absent. Huh. Okay. I didn't know if there was a difference in it's just the vote. Okay. Commissioner Herman is not in the roll call, but they there is a comment that he made later as he was there later. Okay.

Uh fix that. I didn't catch that. Okay, if we can make that amendment then um I propose that we accept the minutes for May 27th, 2025, both the regular meeting and the work session. I second. Would you like to mention with the amendment? Yeah, with the amendment that you're going to make. Okay. Okay. And the second still? Yes. All right. So, we have a motion and a second. All in favor? Yes. Yes. Yes. And the motion carries. Next, we have action items. Pro public hearing for minor text amendments to Riverdale City Code, Title 10, Chapter 8, Agricultural Zones A1 A2. Mr. Cooper, please. Okay. So, um, fix it over there. Do you want to open the public hearing before I started? That's right. That's right. I'm getting ahead of myself. So, um, I make a motion that we open the public hearing. Thank you for saving me. I second. Okay. So, we have a motion and a second. All in favor? Yes. Okay. Motion passes. So, the um public hearing is now open. Do we have any uh representatives from the public that would like to make any comments? Maybe I can give my presentation first and then Okay. And then um before you close the public hearing if there there are any comments that would be appropriate. Um so thank you. Uh we'll actually refer to the packet. I don't have a separate presentation for this

because everything we need to discuss really is in the packet. So you have a transmitt that describes the changes that uh we are proposing. So Michelle will scroll down to the changes there. Keep going. Yep. Thank you. There we go. So anything so this is the existing code copied right out of our code book. And anything that is in red is new language that is being proposed. Anything with a line through it is language that's being proposed to be taken out. Does that make sense? So if you look at uh the first paragraph there, the purpose and intent statement, this is a traditional section of every code where um we attempt to define what the intent is. So when the letter of the law isn't always clear, and sometimes that's the case when you're interpreting code, then you can always come back to the intent of the the section to help guide you in decision-m the the way that it's currently written now and why I've chosen to strike all of it is that it's fairly confusing as to what it's seeking to do in terms of the intention of an A1 zone. And that is really evident where it says that um the zone is designated uh is to designate land areas that are currently used for farming or is temp or as a temporary holding zone that may undergo the possibility of more intense urban style development. Those two things are completely at the opposite ends of the spectrum, right? uh farming and agricultural use versus um intensive urban style development. So that's usually housing and those kind of things. So right there we're having issues interpreting the the intent of what the A1 zone is for because is it

for a agricultural or is it a holding zone for future residential? So what I'm proposing is that we strike that whole section and make it very clear and this is now in the se second paragraph the red section. Uh the A1 and A2 zones are intended to support non-commercial farming and keeping of farm animals and foul alongside single family homes. Um so that's a defined term that is a detached home that has a single family living in it. It's not a It's not a two family home. It's not a duplex. It's not a triplex. It's not a subdivision. It's not multifamily. It's a single family house. Um these zones promote a rural lifestyle by encouraging the design of a single family dwelling that may include features such as non-commercial stables, training areas, and equestrian trails. So again, it's a agricultural um farming type of an intent being declared here with single family dwelling um uses attached to that because generally you uh may live on the farm that you're that you're operating or you may live with the animals that you're taking care of. So we want to allow for for single family homes. The rest of that red is just something that um that I actually pulled out of state code because in in agricultural zones there can be potential um issues that arise from adjacent zones or people living in the zone that might not have um might have a smaller agricultural use compared to a large one. in terms of some of the uh uh discomfort that could come next to living to a farm. Right? So that's that's just a disclaimer and that was

pulled from state code. So if you go to section 1082 as you scroll down a bit. Thank you. So these are permitted uses in the zone. So again, I'm not proposing any new uses. So you don't see any red there. All you see is um lines through existing uses. So what we're proposing is that we keep the agricultural use that is consistent with the intent that I just read. We keep the use of animals or foul for family or food production. We strike the use of a cemetery. So under this proposal, a cemetery would no longer be available as a permitted use in the A1 zone. a church, synagogue, or other similar permanent building for religious use. That would no longer be a permitted use. A cluster subdivision. So that's that's again something that is defined elsewhere in the code, but it essentially allows for a a large or medium-sized subdivision to occur in an agricultural zone. I think in the case of something like that happening, we would reszone the property. We wouldn't allow a subdivision to just come into a res an agricultural base zone. We would look at reszoning the land to accommodate that because there's a lot of implications when you build a subdivision and it may not be appropriate for an A1 zone. So, I didn't see those two uses, a subdivision and an agricultural zone compatible. So, I'm proposing to strike that. Uh corral, stables, um buildings for animal or foul. I think that's in in line with the intention of a of an agricultural zone. So, we're proposing to keep that again educational institutions that has nothing to do with the keeping of foul or animal or farming fruit vegetable stand. Um, I believe that that does is

consistent with farming where you might have a farm, a small production farm that you then can sell um that product out on a front uh on in the front with a roadside stand. And we just changed our temporary structure seasonal sales ordinance to accommodate that. So, those two are compatible. Home occupations uh would be permittable. they they are now and they I think that's um appropriate to keep golf courses um and miniature golf those that's not consistent. Um horses uh moving on to the next page horses for private use only. Um so if the not a commercial uh stable but you know something that you're keeping for yourself, household pets, any type of parking lots that are um accessory to these kind of uses. So for essentially for your single family um use or the use of your um personal family farm or uh other animal use a private park, playground or recreation area. We're uh proposing to strike that again has it's not something associated with agricultural uses. A public building or a public park um same thing. And then single family dwellings are is being retained but guest homes are being struck. And um that's only because uh we don't have any ordinances elsewhere in the code that regulates the use of guest homes as a rental unit or as um a VBO short-term long-term rentals. So until we get something like that, I feel that just the the main primary dwelling as a single family home is appropriate in an agricultural use. Um I going to 1083, I haven't proposed

any changes for um the A2 zone permitted uses uh because they're most likely um uh well they're all associated with the agricultural use. There is a two family dwelling permitted now in this A2 zone. Uh I didn't change that um in this case because it's a twoacre minimum lot area. So a two family building on two acres seems to be appropriate even in an agricultural setting. Um conditional uses in the A2 zone. Uh I am changing um the planned residential unit development. Again that's a subdivision. Uh so not compatible with agricultural use. private park, public utility station, radio or television station, swap meets, wastewater treatment facilities, none of those things are appropriate. Um, and so again, just cleaning it up to be more in line with the intent as an agricultural zone, removing anything that um, really isn't compatible, still allowing for single family home uses. But if a subdivision, um, for instance, if you look at the map here, all of this green that you see, the dark green, that's our A1 zone. And so if there was a subdivision being proposed in one of these areas, which could be likely because of the um I'm sorry, this is the wrong map. It's this one here and it's the light green. So because there is large land masses in an agricultural zone in in our case and in most cases then there usually targets for um single family home subdivision development. You and you can see that over the course of time farms turn into subdivisions and that happens all the

time. Um I'm not saying that we don't want that. I'm saying that if that was the case, we would reszone the property to allow for a single family home sub subdivision, not put a single family home subdivision in an A1 zone, which is what's what the current code is saying is allowable. Right? So, we still have the ability to have the property owners that have land in an A1 zone convert their land if they want to into subdivisions and sell it for residential use and other things. It's just that we would reszone that property at the time of that proposal. The last point I'd like to make is that if there are are any uses that are currently in the A1 zone that were striking that no longer would be permitted if this amendment is passed by you all tonight and and adopted by the council. Um, if that use remains and is there today, then it would be considered a non-conforming use. So, it would still be able to exist as a permitted use in its current condition if it was to ever change. It would no longer be allowed and it would have to conform to the to the current code at the time. Does that make sense? And we have non-conforming uses all over the city because codes change over decades of time. And if you're an existing use at the time of the zone change, you're grandfathered in. That's where that term come from. So that is my presentation. I'm happy to answer any questions. Do we have very many instances of areas within the agricultural zones currently that would be grandfathered in like potentially non-conforming

currently? Are there many uses right now? Um, I looked at a couple. If you scroll back up, I believe, um, let's see. Oh, sorry. Keep go back down. Um, I believe the the motor view was A1 at a time. Um, and and was reszoned to uh R18, I believe it is. Um, and that's the swap meets at a drive in theater kind of a thing. Um, I don't recall anything else that is existing that I know of. There might be a radio tower somewhere in there that I don't know of. Um, but no, there's no there's no PRUDs or um anything like that. There is a religious building. Um, so this a1 and that's a LDS chapel. So that would become a non-conforming use. And if you look at our our future land use map, we we have already decided in the plan in the general plan that we would reszone those types of situations to civic religious zone. Yeah, that's definitely not an agricultural no zone anyways. And that's the point of what I'm what I'm proposing here is that the A1 zone was create was adapted to be a catchall. And you can see that in that first paragraph where it's intended to be a holding zone for future land use. And I just don't think that's appropriate. If we're going to have a religious building, it should be zoned appropriately, which is what we decided to do in the general plan. If we have agricultural use, it should be an agricultural use. Um, and if people are going to build homes on it, which

eventually does happen, like I mentioned, then that subsequent development should be zoned appropriately. What would the um the term non-commercial farming mean? What um is that is that basically saying that this farming is just for like you can grow alalfa to feed your horses but you can't grow alalfa to sell as a commodity. Is that what is that what is meant by non-commercial? Right. It's meant to be smallcale familysized or or home occupation type of of uses. We don't want a corporation um in the A1 zone running a farming business. Well, I noticed that under the A2 um many of the uses that are granted under A2 are more commercial in nature. Is that um is that intended to be that way? Right. Because A2 has a larger minimum lot size and so that is more applicable to that. So, the non-commercial uh is related to specifically the A1 because there is a smaller minimum lot size usually associated with a home that's on that lot. I also noticed that it doesn't say anything about that designating A2 as a possibility of being commercial. Uh should that designation be there or is it good the way it is? No, I think that's a good point. So, in the first paragraph, um, we could make it even more clear to specify that the, uh, the zone is meant to promote and encourage the design of a single family dwellings that may include features such as non-commercial stables, training areas, and equestrian trails in the A1 zone specifically, right? So, to def

differentiate the fact that A2 might be able to accommodate a commercial. Well, and especially since I, you know, one of the first things it says in the A2 is that all uses that are allowed in A1 are allowed in A2. And so I just wonder if that would get a little bit u murky, so to speak, uh saying that, you know, it's allowed, but then, you know, these other use are allowed where A1, it does say specifically no non-commercial, right? So, so A2 accommodates all of A1, right? Um because the A1 is is more restrictive, right? Exactly. Yeah. So, I understand that. So, if we're going to allow um a greater type of use in A2 given the fact that they are larger lot sizes, then um it's easy to incorporate the A1 uses because they're less restrictive. a A2 is um is less restrictive there because of that. So we could make make some language to differentiate that. Yeah. I I just think it might, you know, the purpose is to make it more clear. I just think it might make it more clear if there was some language indicating that. I noticed too that um in the past we've had in that area there's that facility that had the problems with Patterson's and the barn that caught fire. Does that address if they wanted if because the state pretty much allows those facilities to step in and to be built, but if they wanted to have say a rehabilitation for youth center there that had horses and things like that, would that address any of these types of concerns with that? Would that fall

under commercial? I know we've been looking at um what type of ordinances we can have permitting those types of facilities and how we manage those. Would any of that be applicable in the A2? Well, I I and I I know that's I'm loving the what if. Yeah. Way remote, but So, let me see if I can break this down. So, the facility that you're um alluding to is classified under state code as a residential treatment facility for persons with a disability. And the state mandates that those are allowable in any zone that allows residential, but they have to conform to the residential standards of that zone. setbacks, height, landscaping, parking, all of the normal things. Um, in this case, the A1 and A2 by default allows for single family home usage. So, I think you could have a residential treatment facility for persons with a disability um in an A1 A2 zone. uh and in an A2 zone potentially have a commercial agricultural use associated with it given the size of the land, but you couldn't in the A1 because it's non-commercial. Okay. So, they still could Mhm. apply and yeah, that's how I would interpret that if you were to if I had an application for that today. All right. So, it basically boils down to the size A1, A2, what you can and can't do at the end of the day. Mhm. Mhm. So, and animal wise, I mean, you've it's laid out, you know, horses, cows, bulls, steers, sheep,

mules, donkeys, llamas, blah blah blah blah. Is that all exclusive or somebody comes in here with some weird animal that's going to be is that going to be okay in an A2? Yeah, I think that um I think that there there's no way for or zebras or I mean Well, it says chinchillaas, too. So, yeah. So, I'm saying it's pretty wide open. I mean, it is wide open. I was wondering if it's kind of specifically stated different animals, but there's a big spectrum of animals. It's not even touched. You know, farm animals generally have a classification that might be different than say exotic animals or zoo animals. If someone wanted to bring an elephant, uh we might want to think about what the that looks like, you know. Um but especially I mean the these are the zones that are meant to allow people to house animals in a non-commercial manner in the A1 especially. I was just curious where you had him specifically naming a bunch of animals. There's a lot more animals out there that would they qualify in an A2. I think so. Okay. Yep. Unless there was something, you know, when we interpret code, there's always this trump card that overhangs everything and that is the public health and safety, right? So, as we look at something that might not be specifically prescriptive about a given thing, um, we can interpret that through the lens of public safety. So, if you're bringing in a crocodile farm, then there might be some element of public safety that we would want to regulate. Okay. Any further comments? If none, we would be uh considering a

motion. Uh we're still in the in the public hearing. Man, I'm just getting way ahead. Got to close this thing first. So, we would consider a motion uh for closing the public hearing. Jo, you're good. Okay. I'll make a motion to close the public hearing. Second. So, I have a motion and a second. Do we need to poll for this? We don't. Okay. Um, all in favor? Yes. Yes. Any opposed? I didn't hear. Okay. So, motion passes. Next would be the consideration to forward a recommendation to the city council regarding proposed text amendments to Riverdale City Code, Title 10, Chapter 8, Agricultural Zones A1, A2. And chair, may I add as you um make the motion, if you want to consider additional language to clarify the commercial, non-commercial uses, uh just mention that and I'll make sure we add some of that as it goes to the council. Okay. Well, I make a motion that we uh forward to the council um a um positive recommendation uh regarding the um um amendments to uh chapter uh title 10, chapter 8, A1, A, and A2 zones um with the um um language of uh A2 adding some additional uh verbiage

talking about uh commercial um agricultural uses in that zone as well. I'll second. Okay. So, we have a motion and a second. This one we would pull. Commissioner N. Yes, Mr. Herman. Yes, Mr. Nolant. Yes, Mr. Pollson. Yes, Mr. Anderson. Yes. Okay, the motion carries. Item three, consideration to set a public hearing to receive and consider public comment regarding proposed amendments to Riverdale Municipal Code 10255, site plan review and approval. Mr. Cooper. Uh, I'll be giving a a full presentation on this um at the time of the public hearing, but just briefly, we're looking at that section. It as it relates to um the approval of an expired site plan. Right now, site plans uh receive final approval by the city council and they have a shelf life of a year. So, if there isn't a building permit uh for construction obtained within that year, those entitled rights go away. And unless extended by the planning commission, then um they would have to reapply to the city council for reapproval. Uh and so we're just looking at cleaning up some of that language, making it a bit more clear as to what the process is. Okay. Okay. Um, let's see what will be the date. 24th + 14 24. I'll make a motion to set a public hearing to receive and consider public comment regarding the proposed amendments to Riverdale Municipal Code

10255 for site plan review and approval approval on June 24th, 2025. I second. Okay. So, we have a motion and a second. All in favor? Yes. Yes. Any opposed? Hearing none. Motion carries. Next we have uh comments from planning commission and city staff. I would just say one last thing that um tonight's action of your favorable recommendation for the A1 A2 zone will go to the uh city council for their final consideration next Tuesday. Okay. Okay. So, we'll be we'll be doing this again next Tuesday with the city council. I'll make a motion to adjurnn. Second. We do. They want to say something. Oh, no, no, no. We just wanted to We met with Brandon already and we just wanted to hear everything again. You explained it really, really well. So, no, we don't have any questions. Okay. Thanks for being here. I'll second it. Okay. Already been seconded. I think was you're five. You're five. All in favor? Yes. Yes. Okay. All right. Thank you all. All good. We stand adjourned. When are they going to talk?