PRICE CITY PLANNING AND ZONING MEETING

MINUTES OF NOVEMBER 10, 2008

 

PRESENT:           Commissioners:                                  

                                Larry Bruno, Chairman                     Nick Tatton, Community Director

                                Frankie Sacco                                      Laurie Tryon, City Recorder

                                Ed Shook                                                                             

                Kathy Hanna-Smith

                Gary Lyon

                Alfred Richens

                Robert Richens

                               

EXCUSED:

                OTHERS PRESENT: Ed Ellis, Patsy Bueno, Kevin Axelgard, Clint Motte, Deon Kone, Emma and

              Sherald Law, Mr. and Mrs. Gene Mott

 

I              PLEDGE OF ALLEGIANCE

                Chairman Bruno led the Pledge of Allegiance

 

II             ROLL CALL

 

III           MINUTES OF OCTOBER 20, 2008

              Commissioner Lyon moved to approve the minutes of October 20, 2008 as presented.

              Motion seconded by Commissioner A. Richens and carried.

 

IV           PUBLIC COMMENT ON AGENDA ITEMS- No public comment presented

 

V             PUBLIC HEARING TO RECEIVE INPUT ON THE PROPOSED CARBON SCHOOL

              DISTRICT/LDS CHURCH SUBDIVISION LOCATED AT APPROXIMATELY 50 EAST

              500 NORTH

        MOTION. Commissioner Hanna-Smith moved to open the public hearing at 6:02 p.m. Motion

       seconded by Commissioner Lyon and carried. No public input was received.  MOTION.

       Commissioner Shook moved to close the public hearing at 6:03 p.m. Motion seconded by

       Commissioner Lyon and carried.

 

VI           APPROVAL OF SUBDIVISION REQUEST FOR CARBON SCHOOL DISTRICT/LDS CHURCH LOCATED AT APPROXIMATELY 50 EAST 500 NORTH

                Superintendent Patsy Bueno and Deon Kone requested an application for a land subdivision for

              Carbon School District. The subdivision is a component necessary for a land exchange between

              the School District and the LDS Church that also includes property in East Carbon. The

              subdivision request is available under Section 7.7 of the Price City Land Use Management and

              Development Code (Code). The submitted subdivision plat has been provided and reviewed by the

              Price City Engineer. Staff recommends approval contingent upon:

    1. Completion and recording of the permanent mylar plat with the Carbon County Recorder indicating the legal subdivision of the land finding that properly prepared, reviewed and approved land records mitigate potential for misunderstandings regarding property records.
    2. Completion of a permanent public electric easement issued to Price City and recording of the easement with the Carbon County Recorder whereby Price City may continue electric service to City owned property and structure(s) finding that long-term utility access to pubic property is consistent with the Price City General Plan and the intent and purpose of the PF zoning district.

        MOTION. Commissioner A. Richens moved to recommend approval. Motion seconded by

       Commissioner Hanna-Smith and carried.

 

VII          CONDITIONAL USE PERMIT- LOT LINE ADJUSTMENT-PRELIMINARY AND FINAL 690 SOUTH HWY 55- DINOSAUR TIRE- KEVIN AXELGARD

                Kevin Axelgard requested a lot line adjustment with his neighbor, Mike Loveless. They have

              concurred to alter the lot line separating their properties. The lot line adjustment is available within

              the Price City Land Use Management and Development Code (Code) under the subdivision

              provision in Section 11.3.11.1.  Review of the proposed lot line adjustment does not create any

              non-complying conditions with either lot involved.  Parcels affected by the lot line adjustment:

·         Axelgard Parcel:  #01-2602-0000

·         Loveless Parcel:   #01-2601-0000

                Staff recommended approval to provide the lot line adjustment subject to the

              following conditions which were read aloud by Chairman Bruno.

    1. Completion of a final plat in the format requested by the City Engineer indicating the new legal descriptions of the affected lots completed by a qualified engineer or surveyor finding that properly prepared and completed land transactions reduce confusion and mitigate potential disputes.
    2. Submission of the required lot line adjustment fee to Price City in the amount of $150.00.
    3. Recording of the necessary deed with the Carbon County Recorder at the time of plat recording.

                MOTION. Commissioner Shook moved to approve the lot line adjustment with the stated contingencies

              and to have the lot line recorded with the warranted deed. Motion seconded by Commissioner R. Richens

              and carried. ACCEPTANCE: The commission confirmed the acceptance and understanding of the approval

              conditions by Kevin Axelgard.

 

VIII        COMPLIANCE REVIEW- CLINT MOTTE- 1592 E. 500 S. - PROPERTY ISSUE WITH

              NEIGHBORS

                Due to a complaint by Mr. and Mrs. Sherald Law, regarding land use and nuisance issues at Mr.

              Clint Motte’s Property at 1592 E. 500 S., where he raises cattle, the items were reviewed by the

              Planning and Zoning Commission. This same nuisance issue had been previously reviewed in

              2006. The record (evidenced by the June 12, 2006 minutes) and information indicates that 2

              animals are permitted on the parcel Mr. Motte’s home is on, parcel # 01-2622.  The signed and

              notarized letters and legal opinion regarding the substantiation of the land use through the letters

              indicate that a ongoing land use for animals exists as a pre-existing, legal non-complying land use

              on the 2 properties Mr. Motte purchased in 2007, parcel #01-2624-0003 and #01-2624-0002. 

              Since the land use is established, conditions upon which the land use may occur should be

              implemented. Although Mr. Motte lives in the R1-8 zoning district, the animal reference in Section

              10.14.2.1 of the Code relating to the Residential Estates (re) zoning district used for a reference

              only  indicates that “Keeping of animals and fowl, as an accessory use to a single family dwelling,

              limited to the following:  (1)  Two large animals per lot and one additional animal for each 10,000

              square feet over 1 acre.  Large animals may include horses, cattle, goats, sheep or other animals

              determined by the Planning and Zoning Commission to be compatible with this zone.”

              Clint Motte stated that he has up to 12 head of cattle on his property at one time and that he feeds

              and waters the animals directly behind his home. He stated that he usually has seven (7) of the

              animals in the pasture and five (5) in the corral. The Laws are claiming that because Mr. Motte

              waters the cows so close to their fence line, the smell is unbearable and the flies are a nuisance to a

              point that they cannot have outdoor barbecues or have people over to their home. Sherald Law

              stated that he would like the City to follow the animal ordinance and only allow two (2) head of

              cattle on the property next to his home. Mr. Law stated that during the months of July and August

              are the worst months because of the heat and he would agree to Mr. Motte keeping the two (2)

              animals as long as Mr. Motte maintained the property, keeping the area as clean as possible to

              cut down on the odor and flies. Mr. Motte stated that he purchased additional property in order to

              have more animals and that there have always been animals on the property. He stated that his

              property is grandfathered in to have animals and he does not plan on moving the animals. He

              stated that he did not plan to move the water south in the pasture because it was too difficult to

              water the animals and that he has a right to have the cattle wherever he wants on his property. He

              stated that he feels Mr. Law is being vindictive and unfair to him and that its not really the animals

              that Mr. Law is complaining about. Mr. Motte brought letters from surrounding neighbors that

              were all in agreement that Mr. Motte’s cattle do not cause a nuisance. He stated that Mr. Law’s

              home only has one side of property next to his and that Ms. Hackney has three sides connected to

              the Motte’s property and she does not have a complaint. The Commissioners want to find a

              compromise between the Laws and the Motte’s. Nick Tatton stated that there is not an animal

              ordinance for the zone that Mr. Motte resides because it is an R1-8 zone which is residential and

              there are no animal that since 1954 there have always been animals in the area and she hoped that

              the neighbors could work together on a compromise. Mr. Motte stated that he purchased extra

              property in order to have more animals and does not want to compromise with something he feels

              is his right as a landowner. The Commissioners requested that both parties look into compromising

              as neighbors and work it out on their own. Mr. Motte verbally agreed to clean the corral more

              often in the summer months in order to control the smell and flies in the summer heat. The

              Commission would like the City Attorney to provide additional information regarding nuisances,

              sound agricultural practices and their authority to regulate this matter. The Commission instructed

              Mr. Motte and Mr. Laws to return on November 25, 2008 to the Planning Commission meeting

              with proposed conditions for the animals as a land use. MOTION. Commissioner R. Richens

              moved to table the item until November 25, 2008 pending information regarding information from

              the City Attorney and the proposed conditions from Mr. Motte and Mr. Laws. Motion seconded by

              Commissioner Shook and carried.

 

IX           COMPLIANCE REVIEW-RAY MORLEY-SORENSON COMMUNICATIONS-

               BUILDING LIGHTING

                Ed Ellis explained to the Commission the issues that he currently has with Sorenson

              Communications building with the bright lighting, the parking, the four (4’) foot cement retaining

              wall and the right turn only sign. Nick Tatton will review the items and update the Commission at

              the next meeting. 

 

X             DISCUSSION- PLANNING AND ZONING COMMISSION TRAINING RETREAT- SET

              DATE

                A training session has been set for December 8th at 2 p.m. for approximately 3-4 hours.

 

XI           UNFINISHED BUSINESS

                1.  Pinnacle Canyon Academy:

                      a. Completion of off street parking requirements by 7-1-09

             

Meeting adjourned at 7:11 p.m. by Chairman Bruno pursuant to a motion by Commissioner Hanna-Smith.

 

 

 

APPROVED: _________________________                                   ATTEST: _________________________

                       Larry Bruno, Chairman                                                                    Laurie Tryon, City Recorder