MINUTES OF JANUARY 14, 2008
PRESENT: Commissioners:
Larry Bruno Laurie Tryon, City Recorder
Jeff Nielson
Alfred Richens
OTHERS PRESENT: Brennen Woodward and Janice Miller
EXCUSED:
Commissioner Sacco and Commissioner
I PLEDGE
OF ALLEGIANCE
Chairman
Bruno led the Pledge of Allegiance
II ROLL CALL
III MINUTES
OF DECEMBER 10, 2007 AND JANUARY 7, 2008
The minutes of January 7, 2008
did not have items I and II. Those two items will be deleted. MOTION.
Commissioner A. Richens moved to
approve the minutes of January 7, 2008 as amended. Motion seconded by
Commissioner Lyon and carried.
The minutes of December 10, 2007 were
questions on Item XV, line 12. Commissioner Nielson remembered
making made
a quote from the Land Use Development Book regarding fence requirements that
he would
like documented in the minute record. MOTION.
Commissioner Shook moved to table the minutes of
December 10, 2007 pending a
review of the recording and updating of the minutes until the next meeting.
Motion
seconded
by Commissioner A. Richens and carried.
IV HOME OCCUPIED BUSINESS- OFFICE USE
ONLY-FINAL
480
SYSTEM- BRENNEN WOODWARD, OWNER
Brennen Woodward
presented a request for a Home Occupied Business (HOB) office use only permit. Mr.
Woodward will be
operating a mobile DJ and sound system business at
Entertainment. The home occupation is available by
conditional use permit (CUP) under Section 10.3.4 of the
Section
1.13.90 of the
for
the HOB CUP Mr. Woodward indicated the storage of the trailer containing the
business
equipment
on the property. It is recommended that the trailer be
maintained on the driveway, off
street,
in a locked manner to avoid traffic, vandalism or theft matters. Chairman Bruno
read the list of conditions
to
Mr. Woodward. Mr. Woodward stated that the trailer he will be using will be
stored at his parents home, off
street. Commissioner
Shook requested a letter from the landlord at
granting
permission to run a home occupied business from the apartment. Mr. Woodward
agreed to bring a letter
into
the City offices. MOTION.
Commissioner Shook moved to approve the home occupied business office use
only
permit final for Castle Valley Entertainment subject to the stated conditions.
a.
The HOB cannot
change the residential nature of the neighborhood.
b.
No display or
stock of merchandise for sale from the home location.
c.
No use of
accessory buildings in the operation of the business.
d.
No employees
working from the home except immediate family members.
e.
No unusual
traffic or deliveries beyond typical FedEx,
f.
No on street
parking of any vehicles, trailers, equipment, etc.
g.
No unusual
amounts of garbage or waste generated or disposed of from the home.
h.
No unusual
electronic interference generating from the business.
i.
No dust, odors,
noise or other contamination generating from the business.
Motion seconded by Commissioner Lyon and
carried. ACCEPTANCE: The Commission confirmed the
Acceptance and
understanding of the approval conditions by Brennen Woodward.
V HOME OCCUPIED BUSINESS- OFFICE USE
ONLY-FINAL
248 N.
300 E. –JIM MILLER CONSTRUCTION-JIM MILLER, OWNER
Janice Miller presented a request for an
office use only Home Occupied Business (HOB). Jim Miller
Construction will provide construction contracting services for
residential and some commercial. Staff
recommended approval as the HOB is available within the
zoning district (MR-7) as indicated within the code and
meets the general criteria listed within the Code. The proposed HOB land use is further subject
to the specific
criteria listed within Section 10.90 of the Code. In the application, on the fire safety
questionnaire, Mr. Miller
indicated that his use of extension cords is such that they DO create fire and tripping
hazards. Mrs. Miller stated
that was a mistake on the application and clarified that
there are no fire or tripping hazards in the home. She stated
that she has a Rubbermaid storage shed to store shovels and
other tools and no hazardous materials will be stored.
She
has applied for a Utah Contractor License and will bring a copy to the City
offices when it is complete and
issued. She offered the current
read
aloud the following requirements and recommendations for approval to Mrs. Miller.
·
The business does not change the residential
character of the dwelling or the neighborhood
·
No display and/or stock of merchandise.
·
The home occupation shall not involve the use of any
accessory building, either attached or detached, which substantially changes
the character of the dwelling or of the neighborhood.
·
No employees (members of the immediate family
residing in the home are not considered employees).
·
No unusual traffic (delivery trucks, commercial
vehicles, heavy equipment etc.) is permitted either on or off-site which are
not customarily observed in residential use.
·
No parking except for customary automobiles and
other traditional residential vehicles including vans and pickups.
·
Unusual waste, or amounts, residential or otherwise
may not be generated.
·
Unusual electronic interference may not be
generated.
·
Non-residential dust, odors, noise, and other
contamination may not be generated.
·
Home occupied businesses shall obtain applicable
local, state and federal business licensing and/or permitting.
·
Copy of the Utah State Contractor’s License to
MOTION.
Commissioner
Nielson moved to approve the home occupied business of Jim Miller Construction
with listed conditions as stated. Motion seconded by
Commissioner A. Richens and carried. ACCEPTANCE: The
Commission
confirmed the acceptance and understanding of the approval conditions by Janice
Miller for Jim
Miller.
VI CONDITIONAL USE PERMIT-PERMANENT
AUTHORIZATION-FINAL
Nick Tatton , on behalf of
the BTAC as the Chair of the Board of Trustees, requested permanent
authorization for
the BTAC located at
business moves into their facility without a
required Conditional Use Permit as the BTAC maintains the same use.
This will be a permanent situation and will no longer need to return the
Planning and Zoning Commission.
MOTION. Commissioner Lyon moved
to approve permanent authorization for the BTAC. Motion seconded by
Commissioner Nielson and carried.
VII ANNUAL CONFLICT OF INTEREST
STATEMENTS-PLANNING AND ZONING
COMMISSION-
RESOLUTION 2008-01 AND PERSONAL STATEMENTS
The
conflict of interest statements will be a new annual requirement for the
Planning and Zoning Commissioners.
The format is suggested by the Utah League of Cities and Towns and will
be implemented into
upon approval from Commissioners at tonight’s meeting. The
form is broken down into sections as a code of
conduct for all members of the Commission to agree upon and
disclose information pertinent to serving on the
Commission. Commissioner Nielson discussed the
contents of the disclosure with the other members of the
Commission to
hear their suggestions and clarification of the wording. The document
reads, “I shall not do the
following: Have
meetings one-on-one with petitioners”. Commissioner Nielson understands the
intent and wants
to make
sure he honors the language. Nick Tatton stated that it is good to go out and
review the projects but
individual
meetings with applicants by Commissioners should be discouraged. Commissioner
Shook said that
there is
a difference between getting clarification and lobbying especially in a town
this size. It is critical that the
entire Commission
keeps a fair distance from the people involved in the projects as criticism
will hold the
Commission up
from doing its job. Commissioner Alfred Richens agrees the whole group
should hear everything
at one
time not on a one on one basis. Commissioner Nielson also requested
clarification on the statement, “I shall
not do
the following: Base a vote on a single personal experience.” He feels that it is necessary to meet with
both
sides on
any issue. Commissioner Alfred Richens stated that all decisions should be based
on law and sound
planning
not public pressure. The Commissioners felt that all public meetings should be
recorded and held before
the Commission and if
the information is not there to make a decision, the item should be tabled and
staff
instructed
to seek out the answers to any questions. Field trips are sometimes necessary
for the Commissioners as
a whole,
but one on one should not be practiced. All members of the Commission handed in
their individual
signed
statements to the City Recorder for attachment to the Resolution. MOTION. Commissioner Richens
moved to
approve the individual conflict of interest statements for each Commissioner
and Resolution 2008-01.
Motion seconded by Commissioner
Shook and carried.
VIII ELECTION OF CHAIRMAN FOR 2008
Elections were opened by Chairman Bruno. MOTION. Commissioner Richens moved for Larry
Bruno
continue as the Planning and Zoning Chairman for 2008.
Motion seconded by Commissioner Lyon and carried.
Chairman Bruno deemed nomination closed as no other nominations were
received. MOTION. Commissioner
Shook
moved to have
2008.
Motion seconded by Commissioner A. Richens. Chairman Bruno deemed nominations closed
as no other
nominations were received. MOTION.
Commissioner Lyon and Commissioner Shook by acclimation of Price
City moved to appoint Larry Bruno as Chairman and
Commission for the calendar year 2008.
IX UNFINISHED BUSINESS
1.
a. All plat revisions, public right-of-way
dedications, improvement design completed by
12-31-07
b. Completion of development agreement
requirements by 7-1-08
c. Completion of off street parking
requirements by 7-1-09
2. Tom Richardson – Single Wide Trailer – 01-21-08
Update by Nick
Tatton- the project is progressing and weather permitting will be completed by
the due date.
X NEW
BUSINESS
A request to add
Price Auto Group to the next agenda for an extension request on hard surfacing.
Meeting adjourned at 6:49 p.m. by Chairman Bruno
pursuant to the motion by Commissioner Lyon.
APPROVED______________________________
Larry Bruno, Chairman
ATTEST_________________________________
Laurie Tryon, City Recorder