PRICE CITY PLANNING AND ZONING

MINUTES OF FEBRUARY 21, 2006

 

PRESENT: Commissioners:    Ed Shook, Penny Sampinos, Frankie Sacco

Alfred Richens, Jeff Nielson, Gary Lyon

                                                Secretary: Laurie Tryon

 

EXCUSED ABSENCE: Chairman Larry Bruno

     Francis Duzenack, Building Official

 

OTHERS PRESENT: Kim Henderson, Ken Kirkwood, Lauri Brown, Penny Arno, James Horrocks, Julie Anderson and Nick Tatton

 

I           PLEDGE OF ALLEGIANCE

            Commissioner Lyon led the Pledge of Allegiance.

 

II         ROLL CALL

            The above members were in attendance and a quorum present.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

III        Motion was made by Ed Shook to have Gary Lyon serve as Pro-tem Chairman in the absence of Larry Bruno. Motion seconded by Alfred Richens. Motion Carried.

 

IV        MINUTES OF FEBRUARY 6, 2006

A favorable motion to approve the minutes of February 6, 2006 was made by Commissioner Shook. Commissioner Nielson seconded the motion. Motion Carried.

 

V         HOME OCCUPIED BUSINESS-OFFICE USE ONLY-FINAL

            921 N. SMITH DR.-CLEAN AND SHINE, LLC.-KIM HENDERSON,OWNER

            Kim Henderson presented this request. Ms. Henderson has been in the cleaning business since 1991 with a county business license. She does contract cleaning for businesses and will have no supplies or storage in her home. She will only use her home as office space and have no traffic or staff come to her home. This contract cleaning job is only part-time for Ms. Henderson of approximately 20 hours per week. Staff recommends approval for this business. A favorable recommendation for a Home Occupied Business Office Use Only Final was made by Commissioner Shook. Commissioner Nielson seconded the motion. Motion carried.

 

VI            HOME OCCUPIED BUSINESS-BUSINESS FINAL

1666 E. SAGEWOOD RD.-OUTDOOR SPORTS & TROPHY-KEN KIRKWOOD, OWNER

Ken Kirkwood presented this request. Mr. Kirkwood currently promotes the Motocross races at the fairgrounds and would like to begin making the trophies locally and possibly have a local vendor make the engraved plaques to apply. The trophies are currently ordered outside of Price, mostly out of state. Mr. Kirkwood would assemble the trophies in his garage. There are tubes that need to be cut into length with an electric saw but the rest is assembly work. The assembly work does not create odors or much noise for the neighborhood. Mr. Kirkwood did not think surrounding neighbors would notice this business at all as there would be no traffic generated and little if no noise. Staff recommends approval for this business. A favorable recommendation for a Home Occupied Business Final was made by Commissioner Sampinos. Commissioner Richens seconded the motion. Motion Carried.

 

VII      HOME OCCUPIED BUSINESS-OFFICE USE ONLY-FINAL

            689 BIRCH CIRCLE-BROWN’S BILLING SOLUTIONS-LAURI BROWN, OWNER

            Lauri Brown presented this request to start a medical billing office in her home. This will be an  Office Use only business. Ms. Brown has completed an internet certification training class to do this type of billing work in her home and has been a nurse for 20 years. She will send out brochures to advertise and meet with local and out of town doctors to generate business. No professional licensing or bonding is necessary according to Ms. Brown. Staff recommends approval for this business. A favorable recommendation for a Home Occupied Business Office Use Only Final was made by Commissioner Richens. Commissioner Sacco seconded the motion. Motion carried.

 

VIII     HOME OCCUPIED BUSINESS-OFFICE USE ONLY-FINAL

122 N. 4th W.-S&S CLEANING SERVICES-PENNY ARNO, OWNER

Penny Arno presented this request for a cleaning business out of her home. She will clean businesses and will not have supplies or storage in her home. Staff recommends approval for this business. A favorable recommendation for a Home Occupied Business Office Use Only Final was made by Commissioner Nielson. Commissioner Shook seconded the motion. Motion carried.

 

 IX       HOME OCCUPIED BUSINESS-FINAL

            895 N. 500 E.-JIM’S GUN SHOP-JAMES HORROCKS, OWNER

            Jim Horrock presented this request for a Business License to sell firearms and accessories in his home. Orders will be filled per customer request so there will be no stocking of items or supplies. Mr. Horrocks has had this business before in Price City and let his Firearms License go in 1990. There will be no major gun repairs done with this business only small screwdriver work with installing stock, slings, scopes and some triggers. Mr. Horrocks has received 11 neighborhood approval signatures and feels there will be no impact on the neighborhood. Ammunition has to be ordered in such large caseloads that he will not stock product, only order in special for customers needing a caseload. The State of Utah requires a FFL-Federal Firearms License to be given after a City license is obtained. Staff recommends approval for this business with the completion of Federal Firearms Licensing and on the condition there will not be any gun repair on the premises. A favorable motion for a Home Occupied Business Final was made by Commissioner Shook contingent on a successful retrieval of a Federal Firearms License and “no” major gun repair allowed on premises. Commissioner Sacco seconded the motion. Motion carried.

 

 X        CONDITIONAL USE PERMIT-BUSINESS AND SIGN FINAL

            100 N. 214 E.-WINTER’S END INC.-JULIE ANDERSON, OWNER

            Julie Anderson presented this request. This business will be a natural food store to offer natural alternatives to customers. Mrs. Anderson has a background in health products and has previously owned a store in Oregon. The store will sell items such as: supplements, oils, homeopathics, herbs, nutrients, natural foods, grains, bulk, frozen and dairy foods. The sign has existing mounting and has approval from staff. A favorable recommendation for a Conditional Use Permit Business and Sign Final was made by Commissioner Sampinos. Commissioner Richens seconded the motion. Motion carried.

 

XI        CONDITIONAL USE PERMIT-BUSINESS-FINAL

            375 SOUTH CARBON AVE.-MCGIBBON P.I. & CONSULTING AGENCY-STEVEN MCGIBBON, OWNER

            Mr. McGibbon was not present for this item. Staff recommends approval for this business after which he will need to apply for his investigators licensing from the State of Utah. A motion to table this item was made by Commissioner Richens until additional questions could be answered by Mr. McGibbon. Commissioner Shook seconded the motion. Motion carried.

 

XII      CONDITIONAL USE PERMIT-BUSINESS FINAL

            375 SOUTH CARBON AVE.-WATER RIGHT CONSULTING, LLC-MARK PAGE, OWNER.

            Mark Page was not in attendance for this meeting. Mr. Page is a previous Water Rights Engineer for the State of Utah and is now retired.  He has experience and knowledge in this area and is beginning his own consulting firm. This will assist people in understanding water rights and issues and protecting beneficial use. Mr. Page is a very qualified person to provide consulting with water rights and regulations. Staff recommends approval for this business. A favorable recommendation for a Conditional Use Permit Business Final was made by Commissioner Richens. Commissioner Sampinos seconded the motion. Motion carried.

 

XIII     CONDITIONAL USE PERMIT-AMENDMENT-FINAL

            375 SOUTH CARBON AVE.-BTAC-NICK TATTON, REPRESENTATIVE

            Nick Tatton presented this item as a member of the BTAC Trustees Board to amend the Conditional Use Permit for the BTAC. The BTAC is a business incubator for office use only businesses. The signage is limited to internal directories and a pre-approved board on the outside of the building for the advertising of each individual business. The City Council has already approved the fee waiver for the BTAC businesses. Nick would now like to see this Conditional Use Permit for the BTAC amended to “not” require each individual business to come to the P&Z meetings as there is no need to come before the commission unless there are extenuating  circumstances. The BTAC has room for only about 12 tenants with a 2 year limit to occupy space. After the two year period, the businesses must move out and find another available office space.  The occupants pay rent per square foot and for their own office needs. Commissioner Shook had reservations regarding this amendment. He felt that all businesses regardless of where they are located in the city should have to go through the same Conditional Use Process. He would also like the P&Z Commission to have the chance to review all businesses coming into Price and forward the recommendations to the City Council. Commissioner Shook used Item XI on tonight’s agenda as an example of needing the P&Z review and approval of a business. Item XI representative was not available for questions tonight and therefore the item was tabled due to the unanswered questions of whether or not a Private Investigator would be using a weapon or need to be bonded for this business. If the P&Z Commission would not be reviewing the BTAC businesses then Price City would not be liable if anything negative should happen involving that business. Mr. Tatton disagreed with Commissioner Shook on his concerns as those are not “land use oriented concerns” but business and community concerns. The BTAC should not be compared to other properties and areas within Price City limits due to the fact that the BTAC is set up for office use only space. The Board of Trustees have a review process for new tenants before they are rented a space in the BTAC. The business owner must still seek a business license through Price City, the Fire and Police Chief. If necessary, Mr. Tatton would recommend to the BTAC staff that a report or synopsis of the new businesses be sent to the P&Z Commission as well as to the City Council to keep both groups up to date on the BTAC activities. Commissioner Richens was more concerned with the City Council having knowledge of the business and final approval for a business license. Mr. Tatton assured the Commission it would then be a permitted use instead of a Conditional Use Permit. Commissioner Shook would like to have this amendment state that any businesses requiring state professional licensing need to come in front of the P&Z Commission. Also, any future expansion of the BTAC in other parts of the city be excluded from this rule. The BTAC should be the only building allowed to have this exception to the Conditional Use Permit.  Commissioner Shook feels that P&Z is a rubber stamp to approval for the City Council and this amendment would take that away from the approval process. He also feels that the City Council relies on the P&Z Commission heavily to screen and review items and he didn’t want the approval process to be taken away. Mr. Tatton assured the Commissioners that they would still see the list of BTAC approved businesses and the business license process itself.

 

Commissioner Nielson the BTAC will only be meant for offices coming in and out and assisting businesses for success. If there is a question regarding a BTAC business that would have adverse effects on the community, then it should be brought before the City Council not Planning & Zoning. Mr. Tatton understands that uses and impacts on the land are appropriate for the P&Z Commission. Commissioner Richens wants the City Council to hear about the new businesses and give the needed approval so that things do not get out of hand. The Council is responsible for the overall safety of the citizens of Price and need to know about the businesses in our community.

Commissioner Shook feels that it doesn’t hurt to have additional screening for these businesses and make recommendations to the City Council with contingencies etc. to then let the City Council make the final decision. Mr. Tatton wants things to work more quickly with less procedure and time allowance to start a business. Staff recommends approval for this amendment. A favorable motion for a Conditional Use Permit Amendment Final was made by Commissioner Nielson with the following contingencies: The City Council and Planning & Zoning Commission will be notified of all businesses approved through the BTAC, a two year trial period for this Conditional Use Permit Amendment to be recalled if necessary and the condition that all businesses that may have adverse effects on the community come through Planning and Zoning and then the City Council before being approved by the BTAC. Commissioner Sampinos seconded the motion. Motion carried with the following vote.

Commissioner Richens-Aye                  Commissioner Sampinos-Aye

Commissioner Sacco-Aye                    Commissioner Nielson-Aye

Commissioner Shook- Nay

 

Nick Tatton also updated the Commission on the East Price Business Park. He will bring the plans to show the P&Z Commission as soon as they are readily available.

 

IVX     STAFF-NEWSLETTER-PLANNING COMMISSIONERS JOURNAL-PLANNERS WEB UPDATE

           

Sexually Oriented Businesses session with committee members-Commissioner Shook gave a handout to committee members for discussion and would like to have a meeting immediately following the next scheduled Planning & Zoning meeting.

 

There were no further items on the agenda and Commissioner Richens moved to adjourn. The meeting adjourned at 7:12  P.M.

 

APPROVED

 

________________________________________

Larry Bruno, Chairman

           

ATTEST

 

________________________________________

Laurie Tryon, Secretary