PRICE CITY PLANNING AND ZONING
MINUTES OF SEPTEMBER
12, 2005
PRESENT: Commissioners:
Larry Bruno-Chairman, Gary Lyon-Vice Chairman
Alfred
Richens-Jeanne McEvoy,
Frankie Sacco, Penny
Sampinos, Ed Shook
Building
Official: Francis Duzenack
Administrative
Assistant: Laurie Tryon
EXCUSED ABSENCE:
OTHERS PRESENT: Rachele Donathan-Donathan
Plumbing, Stacey Iodice-Beehive Loans, Josh
Atwood-Atwood Auto, Bert Christensen-B.J. Motors, Francis Potter and Clyde Grames-Martha Grames Cemetery, Dickson
Morley-Masonry Master, Inc., T.H. and Lynda Poloni-Elkridge
Subdivision, Jeff Hunt-TKJ, Jim Jensen, Kathy Hanna Smith and Dave O’Brien-
O’Brien Plumbing.
I PLEDGE OF ALLEGIANCE
Larry Bruno
led the Pledge of Allegiance.
II ROLL CALL
The above members were in
attendance and a quorum present.
III MINUTES OF AUGUST 22, 2005
A favorable motion to approve the
minutes of August 22nd, 2005
as amended was made by Ed Shook. Item IV, Line
3, Par. 1 “grandparents” to “parents”. Item IV, Line 10, Par. 1 addition of (150
square inches). Alfred Richens seconded the motion. Motion Carried.
IV CONDITIONAL
USE PERMIT-A-FRAME SIGNS
OKTOBERFEST-ANNETTE ETZEL, CO-CHAIRMAN
Frankie Sacco, excused herself from the commission chair to present this
request on behalf of Annette Etzel who was unable to
attend due to illness. The October
8th, 2005
Oktoberfest will be held at 23 E. 100 N. in the Elks Lodge. The Oktoberfest
would like to place (3) A-frame signs at the following locations: 100 N. and 300
E., Market Express on Carbonville Rd. and in the front of Wal-Mart from September 26th until
October 10th. As long as the signs are not placed in a city right of way the
approval will be given. Staff had no additional requirements. A favorable
motion for a Conditional Use Permit for A-frame signs for the Oktoberfest was
made by Gary Lyon. Penny Sampinos seconded the
motion. Motion Carried.
V HOME OCCUPIED BUSINESS-FINAL-OFFICE USE
ONLY
621 E. 100 S.-TRAVIS DONATHAN, OWNER- PLUMBING BUSINESS
Rachele Donathan presented this request. This will be a Home
Occupied plumbing business with office use only. No customers or traffic will
come to the home. All supplies will be kept in the plumbing work van. There
will be no signs placed in front of or on home. Staff will need the Donathans to bring a copy of the state contractors
license to the Planning and Zoning office to be placed on file. A favorable
motion for a Home Occupied Business-Office Use Only was made by Alfred Richens.
Gary Lyon seconded the motion. Motion Carried.
VI CONDITIONAL USE PERMIT-BUSINESS AND SIGN
FINAL
856 E. 100 N. BEEHIVE CHECK
LOANS-STACEY AND ALFRED IODICE, OWNERS
Stacey Iodice
presented this request. The sign for the front of the building originally requested
will be smaller and have the 10’clearance instead of previously requested 8’ on
application. Parking spaces will be shared by permission with Tatton Insurance
and the hair salon next door. Beehive Loans will have two allocated parking
spaces. A favorable motion for a Conditional Use Permit Business and Sign was
made by Penny Sampinos. Gary Lyon seconded the
motion. Motion Carried.
VII CONDITIONAL USE PERMIT-CONSTRUCTION OF
INTERSECTION-FINAL
800 WESTWOOD BLVD-DAVE O’BRIEN-OWNER
Dave O’brien
presented this request of a final approval for a Conditional Use Permit of the
intersection at 800 Westwood Blvd.
This project will be complete when the curb, gutter, asphalt, water and sewer
are finished. A development agreement has not been completed with Price
City as of today. Mr. O’brien is unsure at this point what he will do with the
property. He may not give the road that goes into the property back to the city
and therefore may not need a development agreement. Westwood
Boulevard portion of the project is already owned
by Price City
and will therefore need a development agreement for that section. Gary
Sonntag has been working with Mr. O’brien
on this project and is up to date with the details. Water and sewer line will be
stubbed into the road that he is building right now. A favorable motion for a Conditional
Use Permit Final was made by Ed Shook contingent on a development agreement
with Price City. Gary Lyon seconded the motion. Motion
Carried.
VIII CONDITIONAL USE PERMIT-BUSINESS AND SIGN FINAL
82 NORTH 200 WEST-B.J. MOTORS-BERT
CHRISTENSEN, OWNER
Bert Christensen presented this request
to sell used vehicles from his current business. Bert sold his used car lot, (BJ Motors
located at 1152 South Carbon Avenue)
and would like to move the vehicles to his pawn shop location in order to keep his
license. Commission concerns were regarding the right of way and whether or not
cars would be parked in the Price City
right of ways.
Ed Shook read, “Title 41 of the Utah
State Code”- which requires a dealer to maintain a principal place of business not
directly related to another business. There must be a separate office space for
the car dealership. Cars would be parked in the driveway and in the front of the
business.. Customers can park in front of building on
the street but cannot display vehicles for sale on the street. The drawings provided by Mr. Christensen show 21’ in the driveway for
parking but as the building official pointed out, approximately 7 feet of that
is in the public right of way. This would cut down on his actual parking
space. The state will inspect property and give him the regulations before an
actual license is given. Parking on this street should be posted “parking on
one side of street” if is not already. Staff
measured the right of way, there is not enough off
street parking for the pawn shop. Mr. Christensen will display 3 or 4 cars a
month for sale and only has display space for approximately 6. Cars must be
parked on a hard surface and cannot be parked within city right of way. If
there is future expansion, a hard surface will need to be placed where vehicles
are to be parked. Jeanne McEvoy made the point
of how difficult it will be to enforce all of the parking issues and the sale
of vehicles because of the crowded situation. The pawn shop fits fine, although
there is no off street parking, it’s not a well traveled road. The additional cars “for sale” that could be added would really
congest the area. The business neighbors; Eastern Utah Produce and
Frank’s Glass have both been contacted and approve the addition. The commission
would like the building official to investigate this more to see if this request
can be fulfilled based on the final state recommendation. Mr. Christensen is to
contact Francis Duzenack when the state comes
into town to inspect the property. A favorable motion to table this request was
made by Ed Shook. Alfred Richens seconded the motion. Motion Carried.
IX CONDITIONAL USE PERMIT-BUSINESS AND SIGN
FINAL
JOSH ATWOOD-ATWOOD AUTOMOTIVE AND
ATV-140 EAST 100 SOUTH
Josh Atwood presented this request
for a mechanical shop for vehicle motors, transmissions, transfer cases, motorcycles
and 4 wheelers. This shop will only involve repair work and will not have body
work or painting of vehicles. Staff has spoken to PRWID concerning the floor
drains because this building is not equipped with a grease trap. PRWID has
worked with Josh to plug the floor drains so nothing slips down drains into the
sewer. Cleanup will be done with cleanup products in the proper manner. PRWID has Josh using rubber seals to plug up
the drains in the floor. Mr. Atwood primarily uses only cleaners such as brake
cleaner. The cleaning table being used actually has a self drain that would
drain into a 15 gallon drum. All oils will be professionally handled and picked
up from MESA in safe containers. PRWID
is satisfied with plugged drains and means of containing leaks. Staff
recommends this request. Parking is sufficient and fencing is slatted and
obscuring. The sign will be a 4 x 10, with a yellow and white background. The
sign is a non-protruding vinyl sign and will be placed above the bay door. The
building has lighting already in place and will not need lighting on the actual
sign. A favorable motion for a Conditional Use Permit Business and Sign Final
was made by Alfred Richens. Ed Shook seconded
the motion. Motion Carried.
X CONDITIONAL USE
PERMIT-SUBDIVISION-PRELIMINARY AND FINAL
MASONRY MASTERS, INC.-DIXON MORLEY-1416 E. AIRPORT ROAD
Dixon
Morley presented this request. The project description and survey have been
completed and all requirements have been met. A favorable motion for this
Conditional Use Permit Subdivision Preliminary and Final was made by Penny
Sampinos. Gary Lyon seconded the motion. Motion carried.
XI CONDITIONAL USE PERMIT-PLAT
AMENDMENT-FINAL
485 W. 800
S.-ELKRIDGE SUBDIVISION-T.H. POLONI, OWNER
T.H. Poloni
presented this request. The Elkridge Subdivision plats are incorrect and now
need to be amended. The 1939 plat actually shows a 100’ right of way and there
is only 60’ right of way that is showing on the plat. This mistake has been
overlooked by engineers until now. A few of Mr. Poloni’s
subdivision lots had to be cut down. This amended plat meets all requirements
to accommodate a roadway and the Elkridge Subdivision lots are now where they
need to be to meet the 100’ right of way. Carbon
County has sent a letter requesting
the Price City Planning and Zoning Commission to not require street
improvements at this time from Mr. Poloni, because of
a future trail system that may be built on this road. There is not a decision
as of yet as to which side of the road the trail may go on and the County would
have to tear out any type of improvements of Mr. Poloni’s.
The Planning and Zoning Commission needs to make a motion on the amended plat
for the subdivision. Mr. Poloni will amend this existing
plat and record a new plat to reflect the 100’ right of way. The deletion of the
street improvements along fairgrounds road as requested by Carbon
County will also need to be
included in the amendment. Carbon County
would then possibly be responsible for curb, gutter and sidewalk improvements
for future development. A favorable motion for a Conditional Use Permit Amended
Plat Final with the deletion of all road improvements on the south side of the road
was made by Gary Lyon. Ed Shook seconded the
motion. Motion Carried.
XII CONDITIONAL USE PERMIT-ZONE CHANGE-FINAL
RAY MORLEY-PRICE
RIVER DRIVE BUSINESS PARK
Ray Morley
presented this request for a change of CD to an MD zone in the area of Price
River Drive Business
Park. In order to get the ¾ per
acre required by the CD zone for the DMV
Building, lots 4 and 5 would need
to be combined together. The MD zone change requirements are different and do
not require the 3/4 acres minimum lot. Mr. Morley has leased ground from Mrs. Lossee for additional parking behind the DMV building.
At this point in the meeting,
Francis Potter and Clyde Grames had questions
regarding the access into the Grames/Powell Cemetery
that is behind lot#5. Their concerns
were not regarding any of the zone changes or construction that may occur with Ray
Morleys proposal. Their concerns were
based solely on the access in and out of the cemetery where their relatives are buried and is still used as an current active
cemetery. Mr. Morley has taken over the Whitemore Cemetery
that is located near the Grames/Powell Cemetery and
assured Mr. Grames and Mrs. Potter that the cemetery
will not be impacted in any way and access will be left open. Another issue for
the cemeteries is the weed control as they are growing wild around and throughout
the active cemeteries. Staff recommended Mr. Grames
and Ms. Potter to come to Building Department and City Council for all other
information regarding weeds and street ownership.
The issue at hand needed to be the
zone change final for Price River
Drive Business Park.
A favorable motion for a Conditional Use Permit Final was made by Alfred
Richens. Penny Sampinos seconded the motion.
Motion Carried.
XIII CONDITIONAL USE PERMIT-PLAT AMENDMENT-FINAL
RAY MORLEY-PRICE RIVER DRIVE
BUSINESS PARK
Ray Morley
presented this request for an amended plat. This is contingent on the zone
change and once the zone change is approved by the City Council, then an
amended plat will need to be prepared and submitted to the City Engineer. Lot
3 and 4 were combined to make a new lot 4 and lot 5 which is where the DMV is
currently located. A favorable motion for a Conditional Use Permit Plat
Amendment Final was made by Gary Lyon. Jeanne McEvoy
seconded the motion. Motion Carried.
XIV CONDITIONAL USE PERMIT-GROUP HOME-FINAL
550 E. 400 SO.-TKJ, INC.-PRICE GROUP
HOME-JEFF HUNT
Jeff Hunt and Jim Jensen presented
this request on behalf of TKJ, Inc. TKJ has several
group homes within the Price city limits. This particular home has 3 people
living in it and they would like a client extension to 4. Because this group
home is within a ½ mile of another group home the commission cannot grant a
variance on this item due to the existing ¾ proximity law within Price
City. Mr. Jensen stated that the
other group homes located in Price are all within the
¾ proximity law (showing the commission members on a plat) which would cut off
areas around the other group homes and could very well be discriminatory
towards people with disabilities. Gary Lyon wanted to know what type of people
live in these group homes. Mr. Jensen said the tenants have cognitive
disabilities with an I.Q. of under 70. Mr. Jensen
mentioned that other cities were using the disabled card to erect large group
homes, juvenile correction type facilities with 20-40 correctional type kids in
a home. Mr. Jensen understands that it is a major concern, House Bill 107 this
year tried to address the group home issues that are occurring in the state and
Senator Hatch has done a good job in notifying local entities of this problem.
The particular home in question has been in place for 11 years. In the early
90’s, they came to the Planning and Zoning meeting and were told they didn’t
need a business license because it was a conditional use at that point. He said, most other cities have gone to placing group homes from a
conditional use to a permitted use. Jeanne McEvoy
said, when the code for Price
City was created it was for behavioral
problem homes and they didn’t want to see Price
City have homes too close together
with behavior type problems. She completely understands the homes are occupied
by ordinary people with lower functioning levels of abilities. Jeanne had
contacted the Chief of Police with the question of how many problems had been
reported from the people around the group homes. The Chief mentioned there had
been a few “minor in nature” calls but nothing serious. These people cannot
live alone and most are from local areas. There are 33-34 people currently in
price area Mr. Jensen dispersed letters from neighbors in support of the group
homes. He has received support from neighbors on the group homes and has had a
lot of positive situations. He would like to keep the homes close to town for
walking distance. Mr. Jensen feels they are being treated as a 250 person group
home, the same as one in St. George when it comes to the licensing in the State
of Utah. Mr. Jensen had
previously checked with the Building Department on how many people can live
under the same roof in one in this zone. Francis replied that it’s
not the amount or type of people living in the home- it’s the distance to
another group home and the ¾ mile requirement in the Land Development Code been
in place since the 70’s-its just too close. Mr. Jensen said there are currently
4 group homes evenly dispersed throughout the Price are: one on airport road, one
in Carbonville and two within city limits. Jeff Hunt has been working with
group homes for 18 years and has worked very hard to keep group homes apart
from each other. Gary Lyons questioned
whether TKJ would be adding more people to the Price Community or just
distributing more to each home? Mr. Jensen stated, they
are adding one more person to each of the homes. Once a group home jumps from 3
to 4 people, the rules change. Three people would not be classified as a group
home under definition of state law. But once the forth person is added it then
goes into a category of “group home” and requires staff to be a licensed home and
have a Conditional Use Permit. This additional person cannot be added to an
existing group home because they would already have four people and it would
take those homes into another level. Mr. Jensen feels the smaller group homes
are better in neighborhoods. State law says, he could buy a home next to an
existing group home, but that would not keep the homes in Price dispersed
enough. Jeanne McEvoy mentioned these people
are in the community at all times and go about as regular citizens. These
people are raised by families in our community and then families have opted to
have this sort of special care in order to keep them in the community with a
better quality of life. Jeanne feels very strongly that this is not a negative
impact and not to be afraid of the services offered. The group home provides
jobs for 30 people in our community caring for these people as well as the
people in the group homes with jobs in the community. Mr. Jensen would hate to see the attorneys get
involved, if it means a code change. (based on other
cities going through lawsuits: Sandy City,
Clinton, Salt
Lake City and Ogden
). He would much rather see an effort between the disability law center and Nick
Sampinos to get the code changed to meet with the Fair
Housing Act. Alfred Richens asked if the code states the commission can make a
variance and Francis said no, the best solution is to request a change in the
code. The limitations of state law doesn’t really fit
to even have a Board of Adjustments variance. Mr. Jensen told Francis that SLC
changed their codes pretty quickly, the City of Clinton
was forced to change their code and Sandy City
changed their code. The changes come by making group homes a permitted use with
certain limitations and he didn’t know if proximity was in there. Ogden
City is struggling with proximity
because of a two block area in Ogden
that averages an income of $20,000 and below with a surrounding area that
includes: a Juvenile Corrections group home, a disability group home, a
half-way house and a sex offender home all in one area. Mr. Jensen then showed
the commission the ¾ mile group home radius on the plat, a group discussion of
various items took place between commission and representatives. Mr. Jensen
feels they are being compared with mental health. Ed Shook and Alfred Richens
feel the commission is sympathetic to the group homes but the commission is
sworn to uphold the code. There is a paragraph in Chapter 8 of the Land
Development Code book, pointed out by Ed Shook, that states, “
discrimination against person with a disability and against residential
facilities for person with a disability is prohibited.” Commission doesn’t have
a problem with group homes or the type of people that group homes deal with- it
is a non-issue. The commission has to follow the law as it is written now and
cannot override the law. The City Council would have to direct the City
Attorney to change the code.
Ed Shook went over the law with Mr.
Jensen, asking the following questions:
Does the group home provide 24 hour
supervision?-yes and staff sleep there at night.
Do you have a committee to receive
complaints?- Jeff Hunt receives and deals
with all problems. Do any of the people drive themselves? No- and there
are never more than 2 staff parking at a time. None of the clients use alcohol
or drugs and are not violent. People living in group homes are there on a
voluntary basis and each have their own room. Inspections from the Health Department
and Fire Department have been provided. Group homes are funded by the state and
Medicaid dollars. The commission cannot forward a recommendation and will need
to table this item and let the City Attorney research it. The deadline for this information is Sept. 30th
for TKJ but, he may be able to get an extension. Jeanne McEvoy
will inform the City Council of this matter but the Council cannot act without
speaking with City Attorney. Mr. Jensen has already spoken with Mayor Piccolo
and Nick Sampinos keeping them up to date on
various items involving group homes. A favorable motion to table this request was
made by Alfred Richens with referral to the City Attorney. Gary Lyon seconded
the motion. Motion Carried.
XV CONDITIONAL USE PERMIT-GROUP HOME-FINAL
870 N. 300 E.-TKJ, INC.-PRICE GROUP
HOME-JEFF HUNT
Jeff Hunt and Jim Jensen presented
this request. All requirements have been met and needs to have the Health and
Fire Department inspections completed.
Jeff Hunt has already scheduled the inspections and will bring the
Building Department a copy when completed. This home has always been a licensed
home and will remain a four resident home. One of the requirements in the Office
of Licensing requires a Conditional Use Permit and business license. It has
been licensed for four residents since day of opening. Parking is adequate. Its up for renewal by Sept. 30th. A copy of the state
license for file will need to go the Building Department. A favorable motion
for a Conditional Use Permit Final was made by Ed Shook contingent on passing
the Health and Fire Inspections and adding a copy of the current and old state
licenses to the business license application. Gary Lyon seconded the motion.
Motion Carried.
XVI STAFF-NICK TATTON-UPDATE
ON AIRPORT ROAD BUSINESS PARK
Nick Tatton
prepared the commission with information on upcoming developments on airport
road.
There were no further items on the agenda and Gary Lyon
moved to adjourn. The meeting adjourned at
7 :45 P.M.
APPROVED
________________________________________
Larry
Bruno, Chairman
ATTEST
________________________________________
Laurie Tryon,
Secretary