Minutes
Price City Planning and Zoning Commission
January 27, 1998
Price City Hall 5:00 P.M.
Present: John Angotti, Chairman Francis Duzenack, Zoning Administrator
Larry Bruno Carolyn Vogrinec, Secretary
Joe Piccolo
Gary Lyon
Penny Sampinos
Rose Etzel
Alfred Richens
Meeting convened at 5:00 P.M.
Chairman John Angotti was unavoidably detained and Larry Bruno asked for a motion for Chairman Pro-Tem. Gary Lyon moved to accept Larry Bruno as Chairman Pro-Tem and Rose Etzel seconded. The motion carried and Chairman Pro-Tem Bruno called the meeting to order.
I. APPROVAL OF MINUTES OF JANUARY 12, 1998
There were no corrections or additions and Gary Lyon made a motion to approve the minutes of January 12, 1998 as read. Penny Sampinos seconded and the motion carried.
II. HOME OCCUPIED BUSINESS - OFFICE IN HOME
G & S STEINER - HANDYMAN BUSINESS
461 EAST 400 SOUTH
CHRIS STEINER
Chris Steiner told the Commission he would use his home as an office only and all work would be done on site. His license allows up to $1000.00 of work per job. There were no questions or concerns and Alfred Richens moved to forward a favorable recommendation to City Council for the Home Occupied Business - Office in the Home for G & S Steiner - Handyman Business. Joe Piccolo seconded and the motion carried.
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III. HOME OCCUPIED BUSINESS - OFFICE USE ONLY
TK.'S POLISHING - MOBILE DETAIL SERVICE
825 NORTH 100 EAST
TOMMY KEE
Mr. Kee told the Commission that he would like to start a mobile detailing business, which includes washing, waxing, buffing, chrome polishing and interior cleaning for cars, trucks and boats. He would be using his apartment as an office only, but the work would be done at the client's
address. Mr. Piccolo asked if he should have permission from the landlord to run a business from his apartment. Francis Duzenack indicated that, in some cases, landlord permission has been requested, but that is primarily where customers come to the home. There were no other concerns and Penny Sampinos moved to forward a favorable recommendation to City Council for the Home Occupied Business - Office Use Only for TK'S Polishing. Gary Lyon seconded and the motion carried.
IV. HOME OCCUPIED BUSINESS - OFFICE USE ONLY
KIENHOLZ STUCCO DESIGNS
596 WINDSOR
DONN AND BROC KIENHOLZ
Donn Kienholz appeared before the Commission representing Kienholz Stucco Designs and told them his home would be used for a small office and phone only. All work would be done on the job site and there would be no storage of materials or supplies on the property, with the exception of a few buckets of stucco in the garage during the winter as it must be kept in a heated area and out of the weather. He has no plans for a sign. Joe Piccolo indicated that on the application, the nature of the business has been left blank. He understood the nature of the business, exterior stucco, only after hearing Mr. Kienholz's comments and feels it should have been stated on the application. He asked Mr. Kienholz if he had any further comments. Mr. Kienholz indicated he was licensed to do only exterior stucco. Mr. Piccolo asked that since that information was not included on the application, he would, at this point, like a minute entry indicating that Mr. Kienholz is licensed to do only exterior stucco and that is the nature of his business. Mr. Piccolo then moved to forward a favorable recommendation to City Council for the Home Occupied Business - Office Use Only for Kienholz Stucco Designs. Gary Lyon seconded and the motion carried.
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At this point, Chairman Angotti was present and Larry Bruno turned chairmanship of the meeting over to him.
V. HOME OCCUPIED BUSINESS - OFFICE USE ONLY
R. JOHNSON COMPANY - REPAIR OF MECHANICAL EQUIPMENT
575 SOUTH 100 EAST
RONALD E. JOHNSON
Mr. Johnson was unable to attend tonight's meeting and was represented by his sister. He is a mechanic and is using his home for an office only. There is no storage of equipment or materials and all work is done on the site. There were no concerns and Larry Bruno moved to forward a favorable recommendation to City Council for the Home Occupied Business - Office Use Only for R. Johnson Company. Penny Sampinos seconded and the motion carried.
VI. CONDITIONAL USE PERMIT - MEDICAL CLINIC AND SIGN
PRICE MEDICAL CLINIC
1307 SOUTH 100 EAST
WILLIAM H. BRADY, MEDICAL DIRECTOR
Mr. Brady told the Commission the purpose of the clinic was to deal with occupational and environmental medicine and it will be located at Hansen Plaza. There will be one physician with two to three staff members. Joe Piccolo asked Mr. Brady if there was any intention of improving the road and providing adequate access to the building. Mr. Brady said he had been discussing the matter with Mr. Hansen. Francis Duzenack indicated this was a private road belonging to Mr. Hansen, so there is not much control over the road. Mr. Piccolo asked about the location of the sign. Mr. Brady said the sign would sit on the building itself, but he may ask Mr. Hansen if he could place a sign on his property near the road. The only other concern is the modification of the building and plans have not been submitted for those changes. Other than those items, Mr. Duzenack sees no problems with the Conditional Use Permit.
Joe Piccolo moved to forward a favorable recommendation to City Council for a Conditional Use Permit for the Price Medical Clinic. Larry Bruno seconded and the motion carried.
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VII. PLANNING COMMISSION APPROVAL
TRAVIS LEAUTAUD
1723 EAST 500 SOUTH
SECOND DWELLING ON PROPERTY
Mr. Leautaud appeared before the Commission and Mr. Angotti called for comments or remarks concerning this matter. Mr. Leautaud informed the Commission that this would be one of two houses on an eight acre piece of property. Francis Duzenack indicated this would not present a problem, but would require a Conditional Use Permit. The Price City Land Use Management and Development Code requires that each dwelling be on its' own individual lot, regardless of acreage. In most instances, it would require that you split a lot from the property in order to bring in another home. However, there is an exception in the code that deals with farm and ranch dwellings and in this case, this exception applies because they farm the ground and have livestock. The exception allows more than one structure on one parcel of property. The property is in the Rural Residential Zone and meets all the requirements of the code and it is easier for Mr. Leautaud to set up in this manner. Some day, there could be a development, but at this time, only two houses are being considered and there are no immediate plans for a subdivision.
Chairman Angotti asked regarding the subdivision of the property for the two houses. Francis Duzenack indicated it is required that you create a separate lot that meets the requirements of the Price City Land Use Management and Development Code for size and width for the dwelling. When asked concerning access to the new house, Mr. Leautaud indicated there would be a private roadway. City Engineer Gary Sonntag had some comments concerning the fire protection. One concern is the fire hydrant located on the corner of the Ervin and Carol Fausett property. However, this was reviewed by the Fire Chief and found to be adequate. Another comment is that sewer and water service will be lateral and run to the main lines rather than running up into the property. This will be addressed at the time of development. Mr. Sonntag also recommended the water meter be placed out by the street for better accessibility.
Francis Duzenack told the Commission that he has no concerns with bringing in the home and using the exceptions in the code, however, City Engineer Gary Sonntag has some concerns with the road. Fausett Lane is a very narrow road and was, at one time, a County Road and so, has never
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been developed. Mr. Sonntag suggests the Planning and Zoning Commission give some thought as to the future of this road. Will improvements be required and can they be put in out there? The whole
street needs to be surveyed so a decision can be made on what is to be done. Staff feels that the best thing to do is to defer those type of improvements until a plan can be put in place. It is difficult to widen the road because of the power lines, phone lines and closeness of the homes to the road. However, City Engineer Gary Sonntag feels some future improvements could be made. One other comment made by City Engineer Gary Sonntag is that there is no streetlight and he is asking for the Commission's consideration on this matter. Chairman Angotti asked Staff if Mr. Leautaud could put his home on the property. Francis Duzenack indicated that he could do so if the Commission makes a part of the Conditional Use Permit, the fact that those improvements be deferred.
Joe Piccolo asked what problem would arise from providing a separate lot for this house. Will Mr. Leautaud have to provide the improvements if he provides a second lot? Francis Duzenack indicated it would then become a subdivision along with the question of what will be done about curb, gutter, sidewalks, etc. Joe Piccolo asked if a third house wants to come in later on, will the Commission allow that to happen and in doing so, will we be aiding and abetting unorganized growth within the Price City limits.
Francis Duzenack said he has recommended that Mr. Leautaud review the property and site the house so, in the future, if they were to develop, they would be able to bring a development in and his house would be on a lot within the development. Mr. Piccolo indicated he did not want to put undue hardship on a person by making them put in curb, gutter and street, but he would feel more comfortable allowing Mr. Leautaud to build his home with a master plan in place. Then, if and when development takes place, his house will sit in some portion of the development. He feels this is only fair to protect other developers and also to any development the Leautauds may do some day. If there is no desire to do a subdivision of the property and install all the required improvements, a master plan can be provided showing the main road and the future development of the lots on the property, and indicating also where the Leautaud house will sit. The plan for the property can then be shown to the Commission. At some point, someone else may want permission to put a third house on the
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property and if the Commission allows one house in without a plan, they would have to allow future homes to do the same thing under the same conditions. However, most Commission Members did not feel this master plan was necessary because the site for the house was a farm. Gary Lyon recommended handling any future requests on a case by case basis. He feels Mr. Leautaud will leave here tonight with the understanding of what must be done if, in the future, he desires to develop additional property.
Mr. Piccolo told the Commission that the narrowness of the road and the unavailable resources to develop it has allowed this development to take place. He would like Mr. Leautaud to provide a rendition of what he believes the eight acres will look like, so this decision on this matter can be made with a clear conscience and a guarantee can be shown that the property will not develop into five or six houses scattered over the eight acres.
Francis Duzenack feels that Mr. Leautaud has looked at the property and has set his house so it will not be in the way of any future development. He has left 170 feet from his house to the west property line, allowing room for a street. If the property were developed, there is additional property running west and south owned by the Leautaud Family, and should that ever develop, the main road access would come off 300 South above the Carbon County Housing Authority Apartments, entering the subdivision from that direction. This would keep the traffic impact to a minimum on Fausett Lane. Because 300 South is an adequate street, it could be developed and access the property from the north thus becoming the main traffic flow. It would discourage traffic out to Fausett Lane, but, if necessary, could be connected to Fausett Lane for emergency vehicles. Chairman Angotti asked if the new house would be in such a position that this would be feasible. Francis indicated that they have a 92 foot reserve from the existing house and they are currently planning a twenty foot private drive to access this house. The new house would sit back even further as it is 170 feet from the property line. They have left a great deal of latitude with which to work. There is also a large hill behind theses houses and the homes are close to the hill, leaving the fields open. Gary Lyon asked if an additional home were to be built on the property, what would be the location. Mr. Leautaud indicated where this house might go, but told the Commission there are no plans for another
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house at this time. They plan to keep farming the property.
Chairman Angotti feels this property has the potential for development, but the Planning and Zoning Commission must be careful that future development is done correctly and according to code. Francis Duzenack said that if a third house is proposed, it would be a reasonable request to get into more detail and determine a master plan at that time.
There were no further questions or concerns and Gary Lyon moved to forward a favorable recommendation to City Council for a Conditional Use Permit for the Travis Leautaud dwelling. Larry Bruno seconded and the motion carried.
VIII. CONDITIONAL USE PERMIT - FINAL APPROVAL
MARKET EXPRESS/BURGER KING/CAR WASH
121 NORTH CARBONVILLE ROAD
DINO AND ANGELO KIAHTIPES
Dino Kiahtipes asked Councilman Joe Piccolo for details concerning this project at the last City Council Meeting. Mr. Piccolo indicated the Price City Council felt anything with 13 contingencies attached is not ready for final approval and that is why it was sent back to the Planning and Zoning Commission. They also felt situations such as this cause undue stress on the developer and Price City both and those items need to be worked out before final approval is given. Mr. Kiahtipes mentioned that some of those 13 items were City Engineer Gary Sonntag's comments and were not required for final approval.
Francis Duzenack indicated that most of Gary's Sonntag's concerns have been satisfied, however, he did make some comments on the project. Several of the items were clarifications of items on the plans. He is recommending an additional street light be installed on 100 North at approximately the west corner of the development. There are two street lights on 100 North now; one at the corner and the other by the river bridge. Price City likes them about 200 feet apart as designated in the Price City Minimum Standards. He would also like the site elevations checked to make certain that the surface run-off will drain the parking lot satisfactorily. The plans mention a new fire hydrant and the only fire
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hydrant to be found was the one installed last year. The plans were not clear on that item. Mr. Kiahtipes told the Commission this hydrant was the new hydrant. An Elevation Certificate also needs to be done to show the impact on the flood plain area and this can be done any time during the project prior to occupancy.
Mr. Sonntag's main concerns are the additional street light and the Letter of Credit and the Development Agreement that must be filed with Price City prior to beginning construction. There are also some minor notes to the plans which Mr. Sonntag has redlined and these will be given back to Mr. Kiahtipes for changes. Mr. Kiahtipes is aware of these changes. Mr. Sonntag did not feel there was any reason to hold up the project.
Mr. Kiahtipes indicated he had spoken with both Francis Duzenack and Gary Sonntag concerning the sidewalk. He has contacted UDOT to make certain that whatever was being done would work for everybody. UDOT will install the sidewalk on the North side of 100 North, the length of their project.
Mr. Piccolo voiced his concern and the concern of the Price City Council regarding the problem of contingencies not being finalized before plans are signed. He feels the plans should be made as simple as possible with all notes contained on the plan; plans must be accepted by the developer and City Engineer; plans must be approved by the Planning and Zoning Commission; and all contingencies must be finalized before coming before Price City Council Meeting for approval.
There were no further concerns or comments and Joe Piccolo moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Final Approval for Market Express/Burger King/ Car Wash, contingent upon the addition of a street light to be installed on 100 North Street, approximately at the west corner of the development and receipt of the Development Agreement and Letter of Credit to be filed with Price City prior to beginning construction. Rose Etzel seconded and the motion carried.
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IX. CONDITIONAL USE PERMIT
O'BRIEN PLUMBING AND HEATING, INC.
145 NORTH CARBON AVENUE
SHEET METAL SHOP IN PART OF OLD D & G BUILDING
DAVID O'BRIEN
Mr. O'Brien appeared before the Commission to explain that he is using a small portion of this building to do sheet metal and duct work for his business. He plans on using the building for only six to eight months, but may need it longer. There will be no noise or exhaust to affect the neighbors. There was some discussion as to whether this is light manufacturing and will fit into the CD Zone, but roofing and sheet metal services are permitted in this zone with a Conditional Use Permit. There were no other concerns and Joe Piccolo moved to forward a favorable recommendation to Price City Council for a Temporary Conditional Use Permit - One Year Only - for O'Brien Plumbing and Heating, Inc. at 145 North Carbon Avenue to use 2500 square feet of the existing building for sheet metal manufacturing. Gary Lyon seconded and the motion carried.
X. CONDITIONAL USE PERMIT - PROFESSIONAL OFFICE
O'BRIEN PLUMBING AND HEATING, INC.
30 EAST 300 NORTH, #3
DAVID O'BRIEN
Mr. O'Brien told the Commission he had purchased the apartment building at the above address and is using one of the upstairs apartments for an office. There are other professional buildings nearby, so this office should be harmonious with the neighborhood. This request is for the use of one apartment for an office. The remainder of the apartments are still being used as residential dwellings. There were no other questions and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit for O'Brien Plumbing and Heating, Inc. - 30 East 300 North, #3 for use of one apartment as a professional office. Rose Etzel seconded and the motion carried.
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XI. INFORMATION AND DISCUSSION
WEDGEWOOD VILLA
MARVIN MUTZ, MANAGER
Mr. Mutz appeared before the Commission to discuss three concerns he has regarding Wedgewood Villa. The first concern is the use of the Wedgewood Villa driveway and parking lot by teenage youth. They cut through the driveway and parking lot to cross 600 West and go directly into K-Mart parking lot. This allows them to avoid using the four-way stop at 600 West. Concern is for the elderly who live in the complex. In addition, there has also been a problem with four-wheeling by the young people on the vacant lot on the west side. Two private property - no trespassing signs have been installed, one on the east side and one on the west side. The sign handled the problems on the east side, however, the signs on the west side have been run over three times. Using concrete from replaced patios, Mr. Mutz has lined up debris to build a barrier to deter the use of the property. The Price City Ordinance Compliance Officer is requesting they clean up the debris by January 31, 1998. Francis Duzenack explained the barrier keeps the youth off the property, but causes problems with the property maintenance ordinance. He recommended installing curb and gutter or a fence along the street to solve the problem. Mr. Mutz indicated their intention was to install a chain link fence around the area, however, their funding is limited and it will be awhile before this can be done. Discussion was held on various methods of handling this situation. The Commission recommended Mr. Duzenack contact the Price City Police and bring them up to date on the status of the situation, asking for their cooperation on the extension of the citation date. Mr. Mutz was asked to re-apply for a Temporary Conditional Use Permit and attend the next Planning and Zoning Meeting. Mr. Piccolo suggested Commission Members drive by and take a look at property in question and perhaps have a solution to the problem in mind.
The second concern is the fence between Wedgewood Villa and the Bureau of Land Management Building. The BLM stores their vehicles to the back of their building. They have large floodlights where they garage the vehicles and the vehicles leave early in the morning and return late in the evening. The lights from the vehicles beam through the bedroom and living room windows of the residents on the northeast end of the complex. Mr. Mutz is requesting that the BLM install slats in the chain link fence. The BLM is not receptive to the idea of slats because they do not own the
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property, but are only leasing. It was recommended that Mr. Mutz contact the property owner with his request for slats in the fence. Joe Piccolo asked if there was any consideration made on the original plans. Francis indicated he would review the original plans and approval for anything regarding a site obscuring fence. If something is found, it will be enforced.
The last problem to be discussed was the flooding of the complex from the Human Resources Building. The drain pipe runs from the building through the cement wall and into the Wedgewood Villa parking lot. The developer was asked to plug the drain pipe, but did not take care of it and the complex was flooded twice. Mr. Mutz then plugged the drain pipe up with six wheelbarrows of cement. Francis Duzenack indicated there is a storm drain running through the BLM property out to 600 West Street. However, there are some elevation problems at the Human Services Building that do not allow all of that drainage to get out and pumping is still needed to get the water entirely out. Mr. Mutz is concerned about this flooding situation. He asked if the hole that they dug and filled with drain rock will be sufficient or will it push the wall out and flood not only the parking lot, but the apartments too. Francis Duzenack indicated he has no knowledge of the sump drain at all, but feels it will not work well in this area. Discussion was held on the flooding problem. The Commission told Mr. Mutz they recognize there are some problems and they will try to help with solutions. Francis Duzenack will review all the minutes and approvals and report back at the next meeting.
XII. CONDITIONAL USE PERMIT
DIVERSITY
37 EAST MAIN
EDDIE HORVATH, OWNER
Mr. Horvath was not in attendance at the meeting and Joe Piccolo made a motion to table this item. An injunction has been filed by Mr. Horvath against Price City and the matter is yet undecided. Alfred Richens seconded and the motion carried.
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XIII. STAFF
A) Francis Duzenack told the Commission that the Edith Canto property has been purchased by Robert Miller. He has two proposals in mind for the property use, but feels it is not a justifiable subdivision. The biggest concern is the flooding problem in the area, however, Mr. Miller is willing to work with Price City on installing a storm drain. One parcel of property, listed as #2-1103 is in the County and he is hoping to get the County property annexed into Price City and have it re-zoned to an Industrial Zone. He wants to put in a recreational vehicle storage yard enclosed with chain link fence. There will be good visibility from the highway and access would come from 600 West Street. There is industrial zoning at the H&J property and it would be possible to extend the industrial zone up to the Miller property. However, that puts the school in an industrial zone. We would then have to be very careful what was developed around the area because of the impact on the school and surrounding subdivision. Mr. Miller is looking at several different options at this time. After some discussion the Commission was of the opinion that the industrial zone was something that should not be incorporated into the area due to the location of the school and subdivision.
There was no further business and the meeting adjourned at 6:50 P.M.
APPROVED
John B. Angotti, Chairman
Carolyn Vogrinec, Secretary