Minutes
Price City Planning
and Zoning
November 8, 1999
Price City Hall 6:00 P.M.
Present: John
Angotti, Chairman Vern Jones,
Community Administrator
Larry Bruno, Vice-Chairman Francis Duzenack, Zoning Administrator
Alfred Richens Carolyn Vogrinec, Secretary
Laurel Marinos
Penny Sampinos
Joe Piccolo
Excused: Gary
Lyon
Also Attending:
Madelaine Nyffeler Sam Farlaino
Phillip Baca Tony
Basso
Berna Baca Lloyd
Kessler
Janet Roedel Todd
Oldham
Lori Prince Jessica
Basso
I MINUTES OF NOVEMBER 8,
1999
Larry Bruno referred the Commission to Item II - KDM Sales and
Design. The motion should read as
follows: “Larry Bruno moved to forward a favorable recommendation to
Price City Council for the Home Occupied Business - Office Use Only for KDM
Sales & Design, with some minor packaging.” Mr. Bruno then moved to approve the Minutes of October
25, 1999 as corrected. Laurel Marinos
seconded and the motion carried.
II CONDITIONAL USE PERMIT - SIGNS
PRICE RIVER VALLEY LOAN - THINGS & STUFF
82 NORTH 100 WEST
LLOYD KESSLER
Mr. Kessler appeared before the Commission to explain that he would
like to install vinyl banner signs on his building. He would like to see how his business proceeds before installing
permanent signs. There are no concerns,
as the signs meet the size requirements.
However, there was some discussion on whether or not this should be a
Temporary Conditional Use Permit.
Francis Duzenack indicated that temporary signs could be installed for a period of up to two years. Mr. Kessler indicated he would like to have
at least 18 months time to use the
banner signs and, if all goes well, will return to
Planning and Zoning for permanent signs.
Penny Sampinos moved to forward a favorable recommendation to Price City
Council for the Temporary Conditional Use Permit - Signs for Price River Valley Loan - Things and Stuff for a
period of eighteen months. Larry Bruno
seconded and the motion carried.
III CONDITIONAL
USE PERMIT - SIGN
RAIN CHECK
19 EAST MAIN
BONA SIGNS
A representative for Bona Signs was unable to attend and the presentation was made by Francis Duzenack. The 6' x 8' sign meets all the size requirements and will mount on the store front. There were no concerns or questions and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Sign for Rain Check. Penny Sampinos seconded and the motion carried.
IV CONDITIONAL USE PERMIT -
A FRAME SIGNS
GLOBAL VOLUNTEER DAY - FAMILIES HELPING FAMILIES
SAFETY FAIR
NATIONAL GUARD ARMORY
GARTH LARSEN
Mr. Larsen was unable to attend and Francis Duzenack made the
presentation. They have six or seven
A-frame signs to direct people to the Safety Fair being held at the National
Guard Armory. The signs will only be up
for 24 hours. There was some discussion
on the tolerance of A-frame signs. Joe
Piccolo indicated that the Commission insisted A-frame signs measure no more
than 4' x 4' and be secured by sandbags on the base. In addition, they cannot be placed on Price City property. These were the regulations given to Castle
Valley Community Theater at the last Commission Meeting and this should remain
the standard. Francis Duzenack will
convey this information to Mr. Larsen.
Joe Piccolo moved to forward a favorable recommendation to Price City
Council for the Conditional Use Permit - A-Frame Signs for Global Volunteer
Day/Safety Fair for A-Frame Signs.
Laurel Marinos seconded and the motion carried.
V CONDITIONAL
USE PERMIT - A FRAME SIGNS
CASTLE VALLEY COMMUNITY THEATER
CHRISTMAS PAGEANT
MADELAINE NYFFELER
Ms. Nyffeler, representative of Castle Valley
Community Theater, came before the Commission to ask if they could set up their
sign schedule for a year at a time and eliminate the need to appear before the
Commission prior to each performance.
Joe Piccolo indicated CVCT has been very responsible and he has no
problem with this request. There were
no concerns, but Mr. Richens mentioned there are A Frame signs year round.
Ms. Nyffeler indicated one option would be to make some permanent kiosks
around town to display a schedule of local events, but a determination would
have to be made as to who would make them and assume responsibility for
upkeep. Mr. Piccolo suggested that,
since Planning and Zoning will not be
seeing a representative of CVCT regularly, stipulations be made that the signs
go up ten days in advance, through and including the performance and come down
the day after as part of the motion. Ms. Nyffeler indicated they would bring in
the performance dates so Price City will know when the signs will go up. They have also sent their Board Members
around to contact property owners and obtain permission to set up the signs on
their property. They have three
productions scheduled up to and including November of 2000. Vern Jones
suggested this schedule be set up on a calendar year, running from January to
January, including those productions up to and including November of 2000.
Joe Piccolo moved to forward a favorable recommendation to Price City
Council for the approval of a Temporary Conditional Use Permit for Castle
Valley Community Theater A Frame Signs through the year 2000, with the
stipulation that the signs be placed no longer than ten days in advance of the
performance and that a performance calendar be given to Price City so they will
be aware of performance dates and when the signs will be put in place. Penny Sampinos seconded and the motion
carried.
VI HOME
OCCUPIED BUSINESS - OFFICE USE ONLY
NATIONAL MUSIC SUPPLY
380 NORTH 600 EAST
TODD OLDHAM
Mr. Oldham explained he is a wholesaler of
musical instruments. They are shipped from
the manufacturer and he deals in instruments only. There were no concerns
and Alfred Richens moved to forward a favorable recommendation to Price
City Council for the Home Occupied Business - Office Use Only - for National
Music Supply. Larry Bruno seconded and
the motion carried.
VII CONDITIONAL
USE PERMIT
JS TO 7M SADDLE REPAIR
TACK AND LEATHER REPAIR
ANGELO MELO
Mr. Melo was unable to attend and Janet
Roedel appeared on his behalf. She indicated the business would locate in the back of the building occupied
by Charlie’s Pawn. When asked if there
would be a sign, she was not certain, but thought there might be a sign left
from the previous tenant. Francis
Duzenack indicated if there is an existing sign and it meets the code, it could
become a copy change and no sign permit would be needed. He will stop by and check it out. There were no other concerns and Larry Bruno
moved to forward a favorable recommendation to Price City Council for the
Conditional Use Permit for JS to 7M Saddle Repair. Alfred Richens seconded and the motion carried.
VIII CONDITIONAL
USE PERMIT
CONSTRUCTION OF CARPORT
PHILLIP BACA
133 NORTH 300 EAST
MR. BACA RESIDES WITHIN THE CD ZONE; LOT
COVERAGE IS REGULATED BY CONDITIONAL USE PERMIT
Mr. & Mrs. Baca told the Commission they
would like to construct an open carport at this address. Mr. Baca is disabled and can no longer
maintain the driveway in winter weather.
Rain gutters will be installed so the runoff will not drain onto the
neighboring property. They will submit
building plans, purchase a building permit and hire a contractor to do the
work. Francis Duzenack indicated this
was in a Residential Zone with a maximum lot coverage of 35% of the lot. Even though this is a residential use, this
35% will limit this carport to only about 22 feet long. They are requesting to do the full length of
the house which is 63 feet. Since the house
is in the CD Zone, the coverage is regulated by Conditional Use Permit and the
carport is permissible in the CD Zone.
There were no concerns and Penny Sampinos moved to forward a favorable
recommendation to Price City Council for the Conditional Use Permit -
Construction of Carport in a CD Zone.
Laurel Marinos seconded and the motion carried.
IX CONDITIONAL
USE PERMIT - CONCEPT
CONVENTION CENTER DINNER CLUB
RESTAURANT PRIVATE CLUB
301 EAST MAIN
TONY BASSO - GARY GRAKO - SAM FARLAINO
Mr. Basso and Mr. Farlaino presented their
idea for a convention center, dinner club, restaurant and private club. They feel there is a need in our area for
such a facility. The front portion of
the building will include a bar and restaurant and the back portion will be for
weddings and conventions. They are
looking for concept approval so they can apply for a liquor license. Price
Check Auto, the current tenant, will vacate by the end of January, 2000. The old laundry, dressed up to match the
main building, will serve as a rental, perhaps for Sherry’s Paint and Body
Shop, who must relocate also. Outside
remodeling will include stucco and crowning in neutral colors. Alfred Richens asked concerning the parking
and Francis Duzenack indicated parking for the facility would be adequate. However, before proceeding with the
project, a complete set of plans, including those for signs, must be presented
for review. Vern Jones indicated this
location was situated in the Redevelopment District and suggested they contact
him as they move along in their project.
There were no further questions at this point as this is Concept
Approval only. Larry Bruno then moved
to approve a Conditional Use Permit for Concept Approval for the Basso,
Farlaino & Grako Convention Center.
Alfred Richens seconded and the motion carried.
STAFF
A) PLANNING
AND ZONING TRAINING
Vern Jones informed Commission Members that
the Planning and Zoning Training Session has been rescheduled and will be held
in Price at the BTAC on November 19 & 20 from 8:30 AM to 4:30 PM. Those planning to attend are Chairman John
Angotti, Vice-Chairman Larry Bruno, Penny Sampinos, Joe Piccolo, Laurel Marinos
and Vern Jones. All reservations must be in by Monday, November 15, 1999.
2)
PAPA MURPHY’S
PIZZA
Francis Duzenack referred the Commission to
the issue of Papa Murphy’s Pizza. It
was tabled until various issues could be settled and these have now been resolved. The Price City Attorney has written a memo,
dated November 8, 1999, recommending that the project proceed. It will be returned to the Planning and
Zoning Agenda of November 22 for formal action, but they would like a head- nod
to proceed with construction. Joe Piccolo indicated the Commission should not
have to act on this issue again because it was approved with some questions. The questions have been resolved and there
is no need to re-approve the issue. Mr.
Duzenack indicated it was his understanding that it was not approved, but was
tabled subject to the matter being resolved.
Both Mr. Piccolo and Mr. Richens indicated it was initially
approved. Vern Jones substantiated this
information and added that Planning and Zoning approved the matter and it was
sent to Price City Council. The
Council, in turn, referred it back to Planning and Zoning as a compliance
request, based on the following unresolved issues: 1) site plan was not in order;
2) soil test was not provided; and 3) the sampling manhole was in
question. If these items are in
compliance, then it should be moved to City Council for approval. After discussion on the matter, members
favored placing this issue on the Price City Council agenda for a favorable
recommendation followed by ratification by the Planning and Zoning Commission
at their next meeting. Larry Bruno
indicated that, based on the City Attorney’s letter, he was in support of them
proceeding with their construction.
Mr. Piccolo indicated he still has a question
on how many different forms of eating establishments a conditional use permit
will allow. In other words, the
conditional use change might come back before the Council or Commission if that
conditional use did change. Are Mama
Lia’s Pizza and Papa Murphy’s Pizza licensed differently by conditional
use? Francis Duzenack indicated there
was no difference - they are licensed the same way. The fact that there could be conditional change with no further
requests from this Commission or the City Council bothers Mr. Piccolo. Mr. Duzenack indicated that part of Mr.
Sampinos recommendation was that they do a written recorded agreement with Mr.
Krompel that, if another tenant ever uses that building, a sampling manhole
will be installed. Mr. Piccolo
indicated he was a proponent of installing the sampling manhole, but feels this is an unfair request when only
Mr. Krompel is signing this agreement.
He is satisfied with the Price City Attorney’s decision, but if
convection ovens are put in the store without installing deep fryers and
without having to change the conditional use permit a great deal, will that
violate the agreement that we are making at this point? He feels there is a very fine line here and
he is not certain.
It can be enforced or administrated fairly because we do not have two categories in our conditional use permit. Now might be a good time, before the business license is issued, to make a non-cooking eating establishment business license. He feels the non-cooking food preparation/retail outlet has not been sufficiently addressed. Francis Duzenack indicated this would be a retail store and if that were to change to any other type of food establishment, the installation of a sampling manhole would be required. Mr. Piccolo reiterated all new commercial construction requires a sampling manhole and if the ordinance cannot be applied to everybody, it should not be applied to one individual. Although he agrees with the decision of the Price City Attorney, he does not agree with forcing Mr. Krompel to comply with a singular request that takes only his business into consideration. He feels that if it cannot be applied evenly, he should not be forced to comply at all. Vern Jones mentioned there was nothing in the letter saying or suggesting that we should have an agreement. The agreement was discussed only verbally by Mr. Krompel and the Price City Attorney. If the decision is based on the letter in front of you, then you can forward it to City Council. There were three items, mentioned previously, that required attention and all have been taken care of by this decision. Mr. Piccolo indicated to Staff that this matter should be placed on the Price City Council Agenda for final discussion. Chairman Angotti asked if it will be sent back to Planning and Zoning following final discussion. Mr. Piccolo indicated it was an open-end issue and was sent back so this Commission could make certain their recommendation was in order, however, he is not certain as to whether or not it must legally reappear on the P&Z Agenda. Larry Bruno suggested doing some research on the matter and, if necessary, put it on the agenda for ratification. Mr. Piccolo asked the Commission if they were in favor of allowing Mr. Krompel to open without the installation of a sampling manhole. All were in favor. He then asked if anyone present had an issue which would prevent this project from getting a favorable recommendation from City Council. There were none.
Mr. Piccolo will report to Price City Council on Wednesday night that conditions have been met to meet Final Approval for a retail outlet at Papa Murphy’s Pizza and the Planning and Zoning Commission is in favor of this. It will be ratified at the next meeting of the Planning and Zoning Commission in an attempt to comply with the time schedule set by Papa Murphy’s.
There was no further
business and the meeting adjourned at 7:05 P.M.