PRICE CITY PLANNING AND ZONING

MINUTES OF APRIL 10, 2006

 

PRESENT: Commissioners:    Chairman Larry Bruno, Ed Shook, Penny Sampinos, Frankie Sacco

Alfred Richens, Jeff Nielson, Gary Lyon

Francis Duzenack, Building Official

                                                Secretary: Laurie Tryon

 

OTHERS PRESENT: Gary Sonntag, Paul Hoffman, Don Hoffman, Sue Douros, Mike & Tiffany Tease, Audrey Cox, Mary Lee, Dr. Vance Fonnesbeck, Dondra & BF Fuzzy Nance, Bryan and Laner Booth, Timothy Dison, Lyle Heinz, Evan Hansen and Lewis Stilson, Rick Krompel, and Mr. & Mrs. Lyle Harris.

 

I           PLEDGE OF ALLEGIANCE

            Chairman Larry Bruno led the Pledge of Allegiance.

 

II         ROLL CALL

            The above members were in attendance and a quorum present.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

III        MINUTES OF MARCH 20, 2006

A favorable motion to approve the minutes of March 20, 2006 was made by Commissioner Lyon. Commissioner Sacco seconded the motion. Motion Carried.

 

IV        HOME OCCUPIED BUSINESS-FINAL

            711 N. 400 E.-TIFFANY TEASE, OWNER-“TIFF’S NAILS”

            Tiffany Tease presented this request. This business will be a Home Occupied Nail Salon in the basement of the home. The basement has an exit door and Ms. Tease provided the commission with 12 favorable neighborhood signatures. Staff recommends this request with no inspection necessary on a Home Occupied Business. A favorable recommendation for a Home Occupied Business Final was made by Commissioner Nielson. Commissioner Shook seconded the motion. Motion carried.

 

V         HOME OCCUPIED BUSINESS-OFFICE USE ONLY-FINAL

            389 N. 300 E.-AUDREY COX, OWNER-“KEEP IT CLEAN”-JANITORIAL SERVICE

            Audrey Cox presented this request. This business will be a cleaning service for businesses and buildings. There will be no impact to the neighborhood as Ms. Cox and her sister will be going outside of the home providing cleaning services. There will be no traffic to the home and no chemical storage. Staff recommends this approval for an Office Use Only business.

A favorable recommendation for a Home Occupied Business-Office Use Only Final was made by Commissioner Sampinos. Commissioner Lyon seconded the motion. Motion carried.

 

VI        HOME OCCUPIED BUSINESS-FINAL

            222 N. 200 E. - MARY LEE, OWNER-“X-TREME GRAPH-X”-DECAL SIGNS

            Mary Lee presented this request. This business will be located in her home and will not impact the neighborhood with traffic, storage of chemicals, fumes or noise. Ms. Lee will be making computerized vinyl decal signs with 4” rolls of material. A small window sign may be placed in the front window for advertisement with a limit of 150 square inches in size. Staff recommends approval. A favorable recommendation for a Home Occupied Business Final was made by Commissioner Richens. Commissioner Shook seconded the motion. Motion carried.

 

 

VII      CONDITIONAL USE PERMIT-BUSINESS-FINAL

            590 E. 100 N. #3-VANCE B. FONNESBECK, D.D.S., OWNER-“EASTERN UTAH SCHOOL OF DENTAL ASSISTING, LLC.”

            Dr. Fonnesbeck presented this request. This business will be an entry level, non-credit dental school located in Dr. Fonnesbeck’s current dentist office. The courses will be held on Saturdays so there should not be an issue with parking on the weekend as surrounding businesses are closed. There is not a dental school in the area or classes that a person could take for this type of training. This school will prepare students with the proper basic training to become a dental assistant. This course would provide a person with a Certificate of Completion that can be used all over Utah. There will not be any structural modifications to the building and will just use existing surroundings. This business license is required for the school to apply for the State of Utah and Dept. of Commerce. This course will be an asset to Price City and a possibility for CEU and Vocational Rehabilitation for local training. The school will be bonded by the State and have an audit every two years. Potential students are told upfront about the technical training so they will understand what they will be receiving. Students must have a GED or High School Diploma to enter the 10 week course.  A favorable recommendation for a Conditional Use Permit Business Final was made by Commissioner Shook. Commissioner Lyon seconded the motion. Motion carried.

           

VIII     CONDITIONAL USE PERMIT-BUSINESS & SIGN-FINAL

            710 W. PRICE RIVER DRIVE-BF FUZZY NANCE, OWNER-“BICYCLEWORKS”

            Fuzzy Nance presented this request. This bicycle shop will be located in the Creekview Shopping Center in the old Allstate office. The sign will be a copy change with just a new face on the old Allstate sign. Staff recommends this business as very few alterations will be done to the building. A walk through inspection will need to be done by the Building Inspector. No toxic chemicals are involved. A favorable recommendation for a Conditional Use Permit Business and Sign Final contingent on a building inspection was made by Commissioner Lyon. Commissioner Nielson seconded the motion. Motion carried

 

Note:   Commissioner Nielson stepped down for the next agenda item.

 

IX        CONDITIONAL USE PERMIT-SIGN RESTORATION-FINAL

            170 W. 100 N.-JEFF NIELSON, OWNER-“EASTERN UTAH PRODUCE”

            Jeff Nielson presented this request. Mr. Nielson would like to restore and reface a 10 x 30 billboard sign on his property with sign boarding or frame work to hold a sign for its original intended use. This would finish the final phase of the 170 W. 100 N. restoration projects. The entire corner has been renovated to create a more esthetically pleasing structure by fixing the roof, asphalt and one side of the sign structure. Thirty percent of the payment has come from the Price City redevelopment fund to beautify and revitalize this corner. Mr. Nielson would like to finish this job right for his business and Price City. Mr. Nielson purchased the sign from Pierce Oil a year ago. This structure has not had a sign on it for years and therefore would have fallen out of nonconforming use and has been grandfathered as an off premise sign. Price City Attorney, Nick Sampinos has researched this item and has found it to be a “structure” in the grandfather clause and if it has not been used for 365 days then it is nonconforming, but if is has been used then it is in the grandfather clause. The front side of the sign falls into the grandfather clause but the structure as a whole is not nonconforming and that is the subject at hand.  The sign has to be considered as a structure, not two sides of a sign. It could then be approved under current land development codes. A favorable recommendation for a Conditional Use Permit Sign Final was made by Commissioner Shook per City Attorney approval. Commissioner Lyon seconded the motion. Motion carried

X         CONDITIONAL USE PERMIT-BUSINESS & SIGN-FINAL

            164 SO. CARBON AVE.-FAY BOOTH, OWNER “BOOTH FIRE PROTECTION INC.”

            Mr.  & Mrs. Bryan Booth presented this request. Booth Fire Protection, Inc. will be moving from their location on Carbonville Rd. since 1990 to the 164 So. Carbon Ave. location. This new building has asphalted parking and more space for their growing company. The company currently uses non-toxic dry chemicals in fire extinguishers.  They also will store CO2 cartridges that are pre-packaged and contained. Everything has containment caps and/or prepackaged in original boxes. The packages are designed to not explode in extreme heat. A fire alarm system will be installed. A proposed sign will be mounted on the building but no design has been chosen yet. Staff recommends this business with the agreement to have a sign company address and prepare a sign within city standards when the times come and to have a building inspection. A favorable recommendation for a Conditional Use Permit Business & Sign Final was made by Commissioner Richens. Commissioner Sampinos seconded the motion. Motion carried

 

XI        CONDITIONAL USE PERMIT-BUSINESS-FINAL

            130 N. 200 E.-TIMOTHY DISON, OWNER-“CARBON COUNTY FLEAMARKET”

            Timothy Dison presented this request. This will be a weekend only, (hours not yet set) flea market located at 130 N. 200 E.  Items can be anything and everything except firearms or illegal items. There may be wrapped items and canned pops sold but no food preparation or cooked items will be offered. Mr. Dison will have a business license but the Commission would like to have a rule set for individuals renting space inside of the building. If the space is rented by the same person more than four times per year, that individual will no longer be able to work under Mr. Dison’s business license and will need to apply for their own. Mr. Dison will be responsible for the monitoring of this set rule. The spaces will be set at different sizes such as: 8 x 8 or 10 x 10 with a percentage received from each vendor. Staff has already completed a building and fire inspection for ADA restrooms, new fire system and other building safety concerns. The occupant load for the building will be decided at a later time. Parking is sufficient for now and more asphalt or concrete parking will be added in the back of the building. The building is in a CD zone. Staff will complete another building inspection at the time of opening. Existing sign will be a copy change only. A favorable recommendation for a Conditional Use Permit Business Final was made by Commissioner Lyon. Commissioner Sampinos seconded the motion. Motion carried

 

XII      CONDITIONAL USE PERMIT-R.V. STORAGE/PARKING FACILITY-FINAL

            1560 E. SAGEWOOD RD.-EVAN HANSEN, OWNER

            Lyle Heinz presented this request. Evan Hansen and Lyle Heinz would like to build a personal storage/parking area for their own vehicles, trailers and ATV’s.  The property is considered a legal lot but due to a power pole through the middle of the property a home is not a reasonable idea. The only access is off of Sagewood Road. Commissioner Sacco was concerned with the adjoining property value and whether or not this would be an asset to the subdivision. If $200,000 homes are being sold in this subdivision, this parking lot may not be an attractive lot to move next to. Mr. Heinz reassured the commission that the property would be designed to have an appealing garden, flowers, a security fence and no more than 8 spaces allowed. Placing a parking pad on the lot would keep the weeds and dust down and would be more presentable than an open un-kept field. Mr. Rick Krompel was at the meeting for another agenda item and commented that he personally was not concerned with this type of project in the Krompel Subdivision. Both property owners live down the street and are not adjoining property owners. Commissioner Sacco was concerned that because Mr. Heinz and Mr. Hansen did not yet own the property if the Commission could make such a decision. Mr. Heinz commented the reason for the Conditional Use Permit was to make sure they could make this parking area before they purchased the property. If this is not approved the property will not be purchased. A favorable recommendation for a Conditional Use Permit R.V. Storage/Parking Facility Final was made by Commissioner Nielson contingent on a 25’ setback with the 6’ sight obscuring fence on the North side and the West side of the property, obtaining ownership of the property, gravel placed on the roads going in and out of the property, and only 8 parking spaces allowed. Commissioner Richens seconded the motion. Motion carried.

           

            Commissioner Richens, Commissioner Nielson

Commissioner Lyon, Commissioner Shook                   All approved   

           

Commissioner Sacco                                                    Nay.

 

XIII     CONDITIONAL USE PERMIT-AMENDMENT-FINAL

            320 N. 400 E.-LYNDA VARNER, DIRECTOR-CARBON COUNTY HOUSING

            Lewis Stilson presented this request. Mr. Stilson is employed by CEU and works with the Housing Authority constructing homes as a part of the building program at CEU. The Housing authority had a home that needed to be added to with a porch structure and a deck with a roof. When the deck and roof were being built, they ran into a power line that was too close to the roof. To remedy the problem, UPL would have them build a secondary box at the bottom of a pole to feed the house to south and the duplex building. Additional parking is also needed with concrete paving added to be in compliance. A third item would be the projections are out further than they should be and need P&Z approval to proceed as is or make modifications. Staff pointed out with the deck and porch there is only a 7’from the deck to the property line which is still acceptable. This expansion just needs to have an adjustment to the Conditional Use Permit. An established easement for the power/water line needs to be checked by Mr. Stilson. The parking requirements for a duplex are two spaces per dwelling unit and this will still be met. There will still be room for some landscaping but no outside storage units. A favorable recommendation for a Conditional Use Permit Amendment Final was made by Commissioner Richens. Commissioner Shook seconded the motion. Motion carried.

 

Commission Nielson, Commissioner Shook

Commissioner Shook, Commissioner Richens   All approved

Commissioner Lyon                                                      Nay

 

XIV     CONDITIONAL USE PERMIT-SUBDIVISION-FINAL

            SAGEWOOD ROAD AND PARKWAY-RICK KROMPEL, OWNER-KROMPEL SUBDIVISION PHASE II

            Rick Krompel presented this request. At the last meeting, a final could not be granted from the Price City Engineering Dept. The questions have all been answered and Mr. Krompel has returned for a final on the Conditional Use Permit Phase II Subdivision. A development agreement still needs to be signed by Mr. Krompel along with the decision of whether or not to include the financial surety as part of the agreement. Mr. Sonntag has received questions and or comments regarding this financial surety and has a few comments to share with the P&Z Commission. Price City currently has a development agreement that must first be signed by contractors to guarantee that public improvements will be completed when subdivisions (and other projects) are being built. The language in this agreement describes the requirements and how the improvements are guaranteed with the City. Improvements may be curb and gutter, storm drains, sidewalks, street lights, fire hydrants etc. This agreement provides the City with a complete subdivision and leaves nothing deviated from even to one year beyond the completion. There is a financial premium that must be done at the time of signing the agreement in a bond, a cashier’s check or a letter of credit. This surety can be a costly burden to the contractor but at the same time guarantees finances available to the City, to complete the projects if the contractor defaults which would call for an immediate stop work order on the project. There have been some changes regarding the wording of financial responsibility in the development agreement.  The financial surety is an insurance policy to the City and the premium is based on a percentage of the valuation of the improvements.  In researching whether to waive this fee we have found a few options that would provide an avenue to accomplish this and still obtain the guarantee:

 

1.      Require all improvements to be put in as approved, be completed to the point where the one year guarantee could be in effect before a building permit can be given for a structure to be built.

2.      Not allow an occupancy permit before the improvements are put in. It would still be required for a Development Agreement to be signed with terms and guarantees so developers and the City understands outcome.

 

The Commission has the latitude to make a decision whether to require the financial surety, the development agreement, both or choose one of the options to add to the Conditional Use Permit.  This would be another vehicle for all developers and still leave the City with 100% control over the project until it is complete.  Another option could be to have the developer provide a letter of approval from a bank that he is capable of this type of project. Typically, when a subdivision is approved and there is a plat involved, the Planning Commission, staff, City Council and developers all sign the documents before they are recorded and sold. An option could be to not provide signatures until the project was complete. Commissioner Sacco wanted the commission to understand that a developer may not take funds to hold a property lot or sell the lot.

Mr. Krompel, for example, would complete the project to City specs and standards on his private property and then turn it over to the city. When the City approves the project, Mr. Krompel could then sell the lots and apply for building permits. If the lots begin to sell before the requirements are met, the contractor would come in and complete the bond so that he may begin selling the lots and still guarantee the City the job will be done right. At the time the Development Agreement is signed with the developer, any stipulations or questions can be taken care between the City and that developer. The City Attorney and Gary Sonntag have recommended this new option for developers, building and improving property. A favorable recommendation for a Conditional Use Permit Subdivision Final was made by Commissioner Lyon with the continuance of the Development Agreement with the waiver of financial surety required for the City subject to the plat not being recorded. Commissioner Nielson seconded the motion. Motion carried

 

XV       CONDITIONAL USE PERMIT-LOT LINE ADJUSTMENT-FINAL

            21 W. MAIN STREET-H.D. LLC- PAUL HOFFMAN, SUE DOUROS, OWNERS-“HARD HAT FURNITURE & APPLIANCE”

            Paul Hoffman, Don Hoffman and Sue Douros presented this request. Hard Hat Furniture & Appliance owners have purchased the building they are currently in and the parcel next to it, previously the Castle Valley Mall. They would like to proceed with combing the two buildings and eliminating the lot line to create one parcel. Staff recommends this lot line adjustment as the buildings need to be combined to make changes to the structure. A favorable recommendation for a Conditional Use Permit Lot Line Adjustment Final was made by Commissioner Shook. Commissioner Richens seconded the motion. Motion carried

 

 

 

XVI     CONDITIONAL USE PERMIT-BUSINESS EXPANSION & SIGN-FINAL

            21 WEST MAIN STREET-H.D. LLC-PAUL HOFFMAN, SUE DOUROS, OWNERS-

            “HARD HAT FURNITURE & APPLIANCE”

            Paul Hoffman, Sue Douros and Don Hoffman presented this request. The two buildings will now share two entrances between the buildings. Each level will be used for a different furniture item and give Hardhat Furniture more space for additional merchandise and showrooms. The apartments downstairs are not usable and can never be occupied again. The top floor of the mall building will also not be utilized; both floors will just be abandoned. Parking does not change; customers and employees will still park behind the building and on Main Street. Staff recommends approval for this project. A new public entrance will be made in the back of the Castle Valley Mall building. The old back public entrance will be used for employees only. Signs will be added on the Castle Valley Mall building to tie into the existing sign on Hard Hat’s building. A favorable recommendation for a Conditional Use Permit Business Expansion & Sign Final was made by Commissioner Lyon. Commissioner Shook seconded the motion. Motion carried

 

XVII    STAFF-

 

Development Agreement continued.-Discussion

 

            Castle Country Fencing- Discussion

           

            Sexually Oriented Business- Discussion.

 

            There were no further items on the agenda and Commissioner Lyon moved to adjourn. The meeting adjourned at 8:10 P.M.

 

 

APPROVED

 

________________________________________

Larry Bruno, Chairman

           

ATTEST

 

________________________________________

Laurie Tryon, Secretary