PRICE CITY PLANNING AND ZONING MEETING

MINUTES OF NOVEMBER 26, 2007

 

PRESENT:           Commissioners:                                  

                                Larry Bruno                                          Laurie Tryon, City Recorder

Jeff Nielson                                           Nick Tatton, Community Director

                                Robert Richens

Edwin Shook

Frankie Sacco

Gary Lyon

Alfred Richens

 

OTHERS PRESENT: Tom and Laurel Marinos, Kathy Hanna-Smith, Dave and Chris Micoz, Cindy Stanphill, Terry Yee, Brent Hadfield, Paul Simmons and Kent Collins

 

I              PLEDGE OF ALLEGIANCE

                Chairman Bruno led the Pledge of Allegiance

 

II             ROLL CALL

     

III           MINUTES OF OCTOBER 22, 2007

A favorable motion to approve the minutes of October 22, 2007 as read was made by Commissioner Lyon. Commissioner Sacco seconded the motion. Motion carried.

 

IV           PUBLIC HEARING- TO RECEIVE INPUT ON THE UPDATED PRICE CITY ANNEXATION POLICY PLAN

MOTION. Commissioner Lyon moved to open the Public Hearing at 6:00 p.m. Motion seconded by Commissioner Alfred Richens and carried.

No public comment was received on the Annexation Policy Plan. MOTION. Commissioner Shook moved to close the Public Hearing at 6:04 p.m. Motion seconded by Commissioner Lyon and carried.

 

V             ANNEXATION POLICY PLAN- RESOLUTION 2007-01 ANNEXATION POLICY PLAN REVISION AND UPDATE ADOPTION

                MOTION. Commissioner Lyon moved to approve the Annexation Policy Plan and Resolution 2007-01. Motion seconded by Commissioner Robert Richens and carried.

 

VI           PUBLIC HEARING- STREET VACATE-TO RECEIVE INPUT REGARDING THE

CONSIDERATION TO VACATE 100 SOUTH STREET BETWEEN CARBON AVENUE AND APPROXIMATELY 75 EAST WITHIN THE BOUNDARIES OF THE FAIRHAVEN MOBILE HOME PARK

MOTION. Commissioner Shook moved to open the Public Hearing at 6:08 p.m. Motion seconded by Commissioner Lyon and carried.

The petition for vacation has been received from Cindy Stansfield, Manager on behalf of TLY, LLC the property owner.  Also attached is a copy of the public hearing notice.  Price City public works has been contacted regarding any current or necessary public utility easements that may need to be maintained within the vacated street dedication. Pursuant to Chapter 7, Section 7.7.8, Section 7.7.9 and Section 7.7.10 a petition to vacate a public street can be considered upon the completion of a required hearing notice period (4 consecutive weeks) and completion of a public hearing. Cindy Stanphill and Terry Yee are the new manager and owner of the park and would like to keep the road as a dead end in order to add colored rock and fencing to beautify the area. A survey for utility easements has been completed as requested by Price City. There is an electric line that runs north and south but not other public utilities exist. The owners have no intention of closing the road or moving the existing mailboxes used by the park tenants. No surfacing requirements are required at this time unless the property use changes. No other public input was received.

MOTION. Commissioner Alfred Richens moved to close the Public Hearing at 6:12 p.m. Motion seconded by Commissioner Lyon and carried.

 

 

 

VII          STREET VACATE REQUEST-100 SOUTH STREET BETWEEN CARBON AVENUE AND APPROXIMATELY 75 EAST WITHIN THE BOUNDARIES OF THE FAIRHAVEN MOBILE HOME PARK

                Described as “Beginning at the Southwest corner of Lot 2, Block 21, Price Townsite Survey; thence East to the D&RGWRR right of way approximately 95 feet more or less; thence Southeasterly along the Southerly boundary of the D&RGWRR right of way to the North boundary line of Block 8, Price Townsite Survey; thence West along the North boundary of said Block 8, approximately 264 feet, more or less, to the Northwest corner of said Block 8, thence North approximately 99 feet, more or less to the point of beginning, pursuant to the provisions of Chapter 7 of the Price City Land Use Management & Development Code. A quit claim deed will be provided by the petitioner vacating the property which will need to be signed by the Mayor.

MOTION. Commissioner Nielson moved to recommend positively to vacate the street right-of-way and dedication for the stub street of 200 South Street, east of Carbon Avenue and running to approximately 75 East maintaining the required electrical line easement as indicated. Motion seconded by Commissioner Lyon and carried.

 

VIII        HOME OCCUPIED BUSINESS-BUSINESS-FINAL

                275 S. 1600 E. #2- KENTS HANDYMAN- KENT MICHAEL COLLINS, OWNER

The Home Occupied Business (HOB) requested by Kent Collins is available within the zoning district (MR-11) as indicated within the code and meets the general criteria listed within the Code.  The proposed HOB land use is further subject to the specific criteria listed within Section 10.90 of the Price City Development Code and the Utah State Code and cannot exceed the $1,000 fee charged to customers. Mr. Collins has received permission from the apartment manager to have the HOB at the location. A copy of the letter needs to be turned in to Price City.  Mr. Collins will apply to the State of Utah for his State Contractor’s Handyman License and return a cop of the paperwork to Price City.  Mr. Collins, must maintain compliance with the conditions for a HOB office use only as listed in Section 1.90 of the Price City Land Use Management and Development Code;

o        The business does not change the residential character of the dwelling or the neighborhood

o        No display and/or stock of merchandise. 

o        The home occupation shall not involve the use of any accessory building, either attached or detached, which substantially changes the character of the dwelling or of the neighborhood. 

o        No employees (members of the immediate family residing in the home are not considered employees).

o        No unusual traffic (delivery trucks, commercial vehicles, heavy equipment etc.) is permitted either on or off-site which are not customarily observed in residential use.

o        No parking except for customary automobiles and other traditional residential vehicles including vans and pickups.

o        No unusual waste, or amounts, residential or otherwise may be generated.

o        No unusual electronic interference may be generated.

o        Non-residential dust, odors, noise, and other contamination may not be generated.

o        Home occupied businesses shall obtain applicable local, state and federal business licensing and/or permitting.

    • Need confirmation from the landlord that HOB office use only is acceptable within the apartment complex prior to issuance of the CUP;
    • Need a copy of the State of Utah issued handyman license in good standing for the file.

                                                      

MOTION. Commissioner Nielson moved to approve the Home Occupied Permit Business Final for Kent’s Handyman contingent upon a state license, a permission letter from  the landlord of the apartment complex and compliance of the stated conditions.  Motion seconded by Commissioner Lyon as written and carried. ACCEPTANCE: The Commission confirmed the acceptance of the approval conditions by Kent Collins.

 

 

 

IX           CONDITIONAL USE PERMIT- AMENDMENT TO FINAL

                800 EAST 100 SOUTH-CJ’S STORAGE-RICK KROMPEL, OWNER

Mr. Rick Krompel is requesting an amendment to the original conditions of final approval for the CJ’s Storage development by email. Mr. Krompel did not attend the meeting. The intentions of the Conditional Use Permit conditions were put in place to mitigate negative impact of the development  on the homes. Staff comments and findings on this matter include:

·         Mr. Krompel indicated a reference to a fence requirement on the east side of the property; no requirement for a fence on the east was approved.  The only fence requirement is for a 6’ sight obscuring fence on the west and for 150’ on the south of the development.

·         Mr. Krompel sights “the city has not made any other projects within the city this summer do this [install a fence].  Each development is different and is considered independently and relative to the land use issues intrinsic to each.  It is common practice for fencing to be required on development projects within Price City.

·         Security may be improved with visual capability through the fence.

·         Aesthetics may be decreased in the vicinity without a sight obscuring fence.

·         Mr. Krompel has indicated he intends to install more than the minimum required landscaping.  The original approval indicated that in addition to the minimum 5% landscaping, Mr. Krompel would need to install landscaping along the west boundary of his development and along the access lane to mitigate impact on the neighbors (#b on the list).

·         Neighbors (Dave and Chris Micoz and Tom and Laurel Marinos) have indicated that Mr. Krompel planned to construct a concrete block wall and not install a chain link fence.  The only requirement Price City approved was a 6’ sight obscuring fence, not the fence construction type.

·         Neighbors indicate a desire to request Mr. Krompel complete the landscaping requirements as indicated in the original approved conditional use permit.

·         Neighbors have questioned the integrity of the Price City Planning and Zoning Commission in the disposition of the several transactions that have taken place leading to the development in question.  The transactions have been:  (1) vacate of the former Bonnie J. Subdivision; (2) re-zone of the former Bonnie J. Subdivision to CD; (3) vacate of the stub street (100 South east of 700 East); and, (4) approval of the CJ’s storage development.  All transactions have been property notified and required public hearings held in duplicate at Planning & Zoning as well as at City Council.

 

The action requested/necessary by the Planning Commission is to review and evaluate the two (2) items Mr. Krompel has requested as an amendment  relating to the development transaction and its impact on the community:  (1) installation of sight obscuring fencing or non-sight obscuring fencing, the matter of installation the fence in not in question, nor is the construction type of the fence; (2) maintain or remove the requirement for landscaping along the access lane, the matter of landscaping along the west boundary of the development or within the development is not in question. Dave and Chris Micoz and Tom and Laurel Marinos, (directly affected neighbors) to CJ’s Storage building were present at the meeting. Although the meeting was not a public hearing on the matter, the Commission allowed their concerns and comments to be heard. Both neighbors felt that a building as large as the one that is being built is inappropriate for the residential area. They felt that they were not contacted appropriately for a project of this magnitude and that Mr. Krompel has not been honest with them from the beginning. Laurel Marinos stated that Mr. Krompel promised to build a block wall fence in between the neighbor’s property and the building. She is upset that a 6’ slatted chain link fence is now being planned and that Mr. Krompel now does not want to add the slats in the fence. The neighbors feel that the block wall would add to the value of their homes, assist with the drainage issue that may come from building roof and offer more fire protection between the homes and the building. They feel that their view from their back yard has been blocked and that Mr. Krompel is not being a good neighbor by not keeping his promises. They stated that Mr. Krompel works seven days a week at all hours of the day and night on the building, creating dust and making noise. They feel that they have been good neighbors for many years living behind CJ’s and dealing with trash from the dumpsters, water drainage and graffiti on the back of the CJ’s building. Chris Micoz invited the Commissioners to come to her home and see the new view she now has in the back of her home. Both neighbors are very discouraged and disappointed in the way things have developed with the building and with how Price City handled the project. Chris would like an input on the landscaping that is to be placed between her home and the building. Mr. Krompel told the neighbors that inventory from CJ’s will be stored in the new building which worries the neighbors that hazardous materials will be among the items.  Commissioner Nielson stated that the Land Use Code was followed as prescribed for the issue with the zone change and the new project. The design and information provided to the City by Mr. Krompel were examined and inspected and will continue to be inspected by the Building Inspector as the building is completed. A sight obscuring fence was a requirement of the City but the product chosen as sight obscuring is up to the owner of the property. The Commission will direct the Building Inspector, City Engineer and Fire Chief to review the project again to ensure the neighbor’s concerns regarding drainage, setbacks, fire lane and building storage are indicated. Chris Micoz would also like the City to check into the noise ordinance and how it addresses construction regarding starting and stopping time of work. Commissioner Nielson thanked the neighbors for their input and for their suggestions regarding the noise ordinance. All items will be discussed and reviewed by the proper authority. MOTION. Commissioner Nielson moved to deny the request for a Conditional Use Permit amendment and to request the City Engineer and Fire Chief review the project concerns raised by surrounding neighbors again. Motion seconded by Commissioner Alfred Richens and carried.  

 

X             CONDITIONAL USE PERMIT-AMENDMENT-FINAL

                410 EAST MAIN STREET-EXTREME AUTOMOTIVE-PAUL SIMMONS, OWNER

Mr. Paul Simmons, owner of Extreme Automotive, is moving the business from its present location at 528 South Highway 55 to 410 East Main Street.  The business conducts custom upgrades to vehicles; examples include truck lift kits and multi-media systems.  The new location is within the CD zoning district. The proposed amendment is consistent with the general criteria for land use within the CD zoning district, as indicated in Section 12.3 of the Price City Land Use Management and Development Code….. “to provide areas in appropriate locations for ……….commercial, …………uses which may center in harmonious relationships based on planned development for mutual benefit”.  Referencing Chapter 11 of the Code, the land use is permitable under Section 11.3.5.6 of the Code.  Specific criteria for evaluation are summarized in Section 11.1.4 of the Code and described as “…..Regulations of this district are designed to provide a suitable environment for those commercial and service uses which are vital to economic life, but some of which would be intrusive and disruptive in a shopping center type of commercial development.” It is the recommendation of staff to provide a final approval for the Conditional Use Permit Amendment for the address change subject to the following conditions:

·         Contact with PRWID, Jeff Richens 637-6350, and completion of a waste water survey;

·         All signage to be approved by Price City administratively prior to placement or installation;

·         No work-in-progress vehicles to be stored within open sight from Main Street;

·         No inoperable vehicles, parts, etc. to be stored within open sight from Main Street;

·         No parking or storage of vehicles on the public right-of-way;

·         No accumulation of garbage or debris (old tires, etc.) beyond that capable of being maintained within a garbage dumpster;

·         Garbage dumpster to be maintained within an enclosed sight obscuring stall and emptied at least one time per week or more;

·         Obtain a valid Price City building permit for any renovations or improvements taking place at the property;

·         Submission chemicals list of any chemicals used at the location (solvents; welding gasses, etc.) to the Price City Fire Chief;

·         Dedication of a minimum of 1 parking space for each 200 sq. ft. of floor space at the facility to accommodate employees and customers.

Mr. Simmons stated that he will place a slat chain link fence on the southeast corner of the property. The signs will be placed on the building and the awning on the old gas pump island within regulations. Signs will not be excessive and will probably be done with vinyl lettering. The property will be leased with the option to purchase. If the building is purchased, the State Department of Environmental Quality will be contacted regarding the underground fuel tanks if they still exist. MOTION. Commissioner Shook moved to approve the Conditional Use Permit amendment for Extreme Automotive contingent upon meeting stated recommendations. Motion seconded by Commissioner Lyon and carried. ACCEPTANCE: The Commission confirmed the acceptance of the approval conditions by Paul Simmons.

 

 

 

XI           CONDITIONAL USE PERMIT-PARKLANE TOWNHOMES DEVELOPMENT-AMERICAN DREAM SUBDIVISION-PLANNED UNIT DEVELOPMENT (PUD) AND REQUEST FOR THE PUD PROJECT BOUNDARY- PRELIMINARY AND FINAL- PAUL WASHBURN-WASHBURN & ASSOCIATES

MOTION. Commissioner Alfred Richens moved to table item XI. Motion seconded by Commissioner Lyon.

 

XII         CONDITIONAL USE PERMIT-PLAT A AMENDMENT-FINAL

                AMERICAN DREAM SUBDIVISION-PAUL WASHBURN-WASHBURN & ASSOCIATES

MOTION. Commissioner Alfred Richens moved to table item XII. Motion seconded by Commissioner Lyon.

 

IX           UNFINISHED BUSINESS

                 1.  Pinnacle Canyon Academy:

                       a. All plat revisions, public right-of-way dedications, improvement design completed by

                          12-31-07

                       b. Completion of development agreement requirements by 7-1-08

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

               

                2. Tom Richardson – Single Wide Trailer – 01-21-08       

 

Mr. Tom Richardson will need an extension of time on the single wide trailer project he is working on. He is required to have a HUD inspector review the trailer and needs more time to schedule an inspector from out of town. MOTION. Commissioner Lyon moved to extend the time past the November 20, 2007 deadline to January 21, 2008 (60 days) to finish the project. Motion seconded by Commissioner Robert Richens and carried.

               

INFORMATION ONLY- Marx Brothers has completed the required asphalt behind their lot. It looks wonderful and all requirements are met.

 

Commissioner Lyon moved to adjourn the meeting at 7:25 p.m.

 

APPROVED______________________________ Larry Bruno, Chairman

 

 

ATTEST_________________________________ Laurie Tryon, City Recorder