PRICE CITY PLANNING AND ZONING MEETING

MINUTES OF JANUARY 28, 2008

 

PRESENT:           Commissioners:                                  

                                Larry Bruno                                          Laurie Tryon, City Recorder

                Frankie Sacco                                      Nick Tatton, Community Director

                                Edwin Shook

                Alfred Richens

                Robert Richens

 

EXCUSED: Commissioner Lyon and Commissioner Hanna-Smith

OTHERS PRESENT: Garry and Linda Farrell, Traci Udink, Eddie Horvath, Janie and Mike Hansen

 

A training video acquired from the Utah League of Cities and Towns on the Powers and Duties of the Planning Commission was shown at 5 p.m.

In attendance: Richard Tatton, Larry Bruno, Robert Richens, Ed Shook, Frankie Sacco, Alfred Richens, Laurie Tryon, Nick Tatton and Jeff Nielson

 

I              PLEDGE OF ALLEGIANCE

                Chairman Bruno led the Pledge of Allegiance

 

II             ROLL CALL

 

III           MINUTES OF DECEMBER 10, 2007 AND JANUARY 14, 2008

                Commissioner Shook moved to approve the minutes of December 10, 2007 as amended based on

               the January 14th comments and the minutes of January 14, 2008 as presented. Motion seconded by

              Commissioner R. Richens and carried.

 

IV           HOME OCCUPIED PERMIT- AMENDMENT-FINAL

               106 NORTH 400 EAST- GARRY FARRELL, OWNER

                Garry Farrell presented a request for an amendment to his Home Occupied Business (HOB)

               permit. Mr. Farrell currently has G&L Sales and Service, located at 106 North 400 East which is

               a small engine/motor and R.V. repair and an amendment is requested to include operation of a

               pre-school at the home location.  The pre-school will be operated from Mr. Farrell’s home by his

               daughter Traci Udink, who resides at 281 North 400 East.  Mr. Farrell and Mrs. Udink were made

               aware that no permit for an HOB use at the 281 North 300 East residence, office use only or

               otherwise is permitted or a part of this application or amendment consideration.  The location for

               the pre-school, and Mr. Farrell’s home, is within the Commercial Development (CD) zoning

               district. Chairman Bruno read aloud the specific criteria for a HOB:

·         No employees other than immediate family.

·         No unusual traffic is permitted either on or off site which are not customarily observed in residential use.

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

·         No parking lots beyond the driveway for more than 4 vehicles on the premises outside of the residential structure.

·         All required parking will be accommodated on site.

·         Unusual waste, or amounts, residential or otherwise may not be generated.

·         Unusual electronic interference may not be generated.

                Mr. Farrell stated that 1/3 of his home is unused and his daughter Traci will use that part of the

                home as a preschool. A fenced in yard is available for the children to play outside so the children

               will not be near the outside workshop. Mr. Farrell stated that the only traffic generated will come

               from pick up and drop off 3 days a week, two times a day. Each class has fewer than 10 kids

               in each with one class beginning at 8:30 a.m. and  the next class two hours later. Chairman Bruno

               stated that this location for the preschool, Imagination Station is different from the previous

               location on 800 North. The traffic conditions have changed and there will need to be no children

               dropped off or picked up on 100 North. As the location of the home is on a corner and also on 100

               North (major City arterial road) all traffic to the HOB will need to remain on 400 East.  Although

               the standard forms for neighborhood signatures were not completed, the applicant has submitted

               ten (10) neighborhood addresses and signatures.  The Fire Chief and Building Inspector will need

               to do inspections on the home before a license can be issued.  MOTION. Commissioner A.     

               Richens  moved to recommend final approval for a HOB amendment for Gary Farrell with the

               conditions stated and contingent upon fire and building inspections. Motion seconded

               by Commissioner Sacco and carried. ACCEPTANCE: The Commission confirmed the acceptance

               and understanding of the approval conditions by Garry Farrell.

 

V             HOME OCCUPIED BUSINESS- FINAL

               575 EAST 200 SOUTH- JANIE’S DAYCARE- JANIE HANSEN, OWNER

                Janie Hansen presented a request for a Home Occupied Business permit (HOB).  Mrs. Hansen will

               be operating a home based daycare business at 575 East 200 South called Janie’s Daycare.  The

               HOB is available by Conditional Use Permit (CUP) under the general conditions listed in Section

               10.3.4 (Home Occupation) of the Price City Land Use Management and Development Code. 

               Both the Building Inspector and Fire Chief have signed off on this business license and reported

               no conditions of concern.  Mrs. Hansen presented 17 neighborhood signature forms from those

               within the 250’ radius. On the application Mrs. Hansen answered yes to having combustible

               materials and storing ammunition. Mrs. Hansen stated that a mistake was made and both items

               should have been answered no. She will not be storing either of the items. Chairman Bruno read

               the contingencies aloud to Mrs. Hansen:

·         The HOB cannot change the residential nature of the neighborhood.

·         No display or stock of merchandise for sale from the home location.

·         No use of accessory buildings in the operation of the business.

·         No employees working from the home except immediate family members.

·         No unusual traffic or deliveries beyond typical FedEx, UPS, etc.

·         No on street parking of any vehicles, trailers, equipment, etc.

·         No unusual amounts of garbage or waste generated or disposed of from the home.

·         No unusual electronic interference generating from the business.

·         No dust, odors, noise or other contamination generating from the business.

·         Mrs. Hansen maintain the yard at the home in a fenced manner with working and lockable gates as the application indicates the yard will be used for children’s playtime finding that a fenced yard will reduce potential for children becoming lost, removed or involved in an accident while attending Janie’s Daycare.

MOTION. Commissioner Shook moved to approve the Home Occupied Business final for Janie’s

              Daycare with the stated contingencies and pending a state license. Motion seconded by

              Commissioner  R. Richens and carried. ACCEPTANCE: The Commission confirmed the

              acceptance and understanding of the approval conditions by Janie Hansen.

               

VI           HOME OCCUPIED BUSINESS- OFFICE USE ONLY- FINAL

               1743 EAST CASTLE AVE. - PRICE NEUROLOGICAL CLINIC-HEATH EARL,

               OWNER

                Heath Earl presented a request for a Home Occupied Business (HOB) office use only permit.

              The business will be called Price Neurological Clinic and will be located at 1743 East Castle  

              Avenue.  Within the application Mr. Earl indicated that no clients will visit his home

              office and that the home office will remain “office use only”, he will visit other traditional and

              previously permitted locations to deliver his service at other locations such as CEU, etc. Chairman

              Bruno asked if Mr. Earl had read and understood the recommendations for this HOB. Mr. Earl

              stated yes.  

·         The HOB cannot change the residential nature of the neighborhood.

·         No display or stock of merchandise for sale from the home location.

·         No use of accessory buildings in the operation of the business.

·         No employees working from the home except immediate family members.

·         No unusual traffic or deliveries beyond typical FedEx, UPS, etc.

·         No on street parking of any vehicles, trailers, equipment, etc.

·         No unusual amounts of garbage or waste generated or disposed of from the home.

·         No unusual electronic interference generating from the business.

·         No dust, odors, noise or other contamination generating from the business.

              In the event Mr. Earl revises his business such that clients would be visiting the home to receive

              service an amendment to the HOB would be required finding that potential impacts on the

              neighborhood may occur in terms of traffic, parking, etc. MOTION. Commissioner A. Richens 

              moved to approve the office use only HOB final for Price Neurological Clinic. Motion seconded

              by Commissioner Shook and carried. ACCEPTANCE: The Commission confirmed the acceptance

              and understanding of the approval conditions by Heath Earl.

 

VII          CONDITIONAL USE PERMIT- AMENDMENT- FINAL

               550 EAST MAIN STREET- ADAMS MOTORS- GUS ADAMS, OWNER

                Nick Tatton presented this amendment for a Conditional Use Permit (CUP) for Adams

               Motor, located at 550 East Main Street on behalf of Gus Adams.  Increased business activity has

               necessitated additional use of the owned property as an overflow and temporary use area.  This

               project area has been recently fenced with sight obscuring fencing at the request of Price City to

               obscure sight of the temporary use and weed growth within the subject property.  Additional space

               is needed for use as an overflow area for staging and temporary placement of vehicles and

               dealership equipment in preparation for placement on the sales lot. It is the recommendation of

               staff to provide final approval to the CUP amendment request as presented for Adams Motor at

               550 East Main Street.  Staff has met with Mr. Adams to confirm the nature of the CUP           

               amendment, terms and conditions. Mr. Adams is aware of the contingency with the amendment

               of no uses of the property inconsistent with overflow use and staging and temporary placement of

               vehicles in preparation for the sales lot. The Commissioners would like more information and

               verification from the property owner on the temporary and long term use of the property before

               acting on this matter. MOTION. Commissioner Sacco moved to table the item until further

               information is received. Motion seconded by Commissioner R. Richens and carried.     

 

VIII        CONDITIONAL USE PERMIT-NEW BUILDING-CONCEPT APPROVAL ONLY

              600 WEST 200 SOUTH- PRICE II, LLC.-RAY MORLEY, MANAGER FOR

              (SORENSON COMMUNICATIONS, INC.)

              Mr. Ray Morley was unable to attend the meeting due to road closure and poor weather conditions.

              MOTION. Commissioner A. Richens moved to table the item until the February 11, 2008

              meeting. Motion seconded by Commissioner Shook and carried.

 

IX           CONDITIONAL USE PERMIT- REVIEW AND TRANSFER- FINAL

               37 EAST MAIN- DIVERSITY- EDDIE HORVATH, OWNER

              Over the last couple of years the Diversity store, located at 37 East Main Street, has transferred

              ownership from Eddie Horvath to Nichole Semsack and now is being transferred back to Eddie

              Horvath.  Under LUDMA, land use permits “run with the land” and are not associated with any

              one person or company.  This means, in general, that for the change in ownership from Nichole

              Semsack to Eddie Horvath for the Diversity store, that as long as Eddie Horvath will be operating

              the same business (same land use) and agrees to the same conditions, no new Conditional Use

              Permit (CUP) is required.  The conditions of approval for Nichole Semsack that Eddie Horvath

              must agree to can be found in the minutes from the October 10, 2006 and October 23, 2006

              meetings of the Planning Commission which were given to the Commissioners for reference. 

              Diversity does not qualify as a Sexually Oriented Business (SOB) under Price City ordinance. 

              Chairman Bruno read aloud the conditions to be met by Mr. Horvath that were originally agreed

              to by Mrs. Semsack and must be agreed to by Mr. Horvath for the CUP transfer to take place:

·         Petitioned off area of the store that contains adult magazines to contain no more than 3.5% of the usable floor space.

·         Sign must be posted showing the petitioned off area as restricted to minors and proof of age must be shown to enter.

·         No browsing of restricted materials by minors as all material must be in the petitioned off area.

·         Other items for sale must not include any sexually oriented items and are limited to incense burners; incense, candles, t-shirts, hats, figurines and related items that are never to include a sexual theme.

·         Piercing to be done in a private room with a door and a curtained window for privacy.

·         Tattoo area to be enclosed in its own room at the back of the building.

·         All signage to comply with Chapter 4 of the Price City Land Use Management and Development Code and be submitted for administrative approval prior to installation.

               Mr. Horvath stated that the Fire Chief and Health Department have already done their inspections

               and both passed. He stated that he put in an emergency flood light in case of a power outage.

               Staff reminded Mr. Horvath that his store cannot expand to the building next door as the two

               stores are connected. Mr. Horvath stated that HR Block is use the building for storage and that he

               will only use the building for an exit.  It should also be confirmed that no other land uses will be

               present in the operation of the business, to include pets, pet supplies, pet food, feeder animals,

               etc. as those are not part of the approval received by Mrs. Semsack and cannot be transferred to

               Mr. Horvath. MOTION. Commissioner Shook moved to approve the CUP for Eddie Horvath

               with the stated conditions. Motion seconded by Commissioner R. Richens and carried.

               ACCEPTANCE: The Commission confirmed the acceptance and understanding of the approval

               conditions by Eddie Horvath.

              

X             CONDITIONAL USE PERMIT- BUSINESS AND SIGN-CONCEPT ONLY

               JEFF NIELSON- EASTERN UTAH PRODUCE

               Jeff Nielson, Owner of Eastern Utah Produce, located at 170 West 100 North, requested an

               amendment to the original Conditional Use Permit (CUP) from produce distribution only to

               include a small food service operation.  The “delicatessen” food service will have very limited

               seating on site (couple hundred square feet) and primarily service “to go” clients, walk-up/drive

               up clients and provide local catering services. The amendment request, is permitable under

               Section 12.3 of the Land Use Development and Management Code.  The sign that the business

               expansion will utilize will be on site and added to an existing billboard sign (non-complying

               existing use and already permitted).  The proposed sign will meet with all applicable sign

               standards within Chapter 4 of the Code, a final sign plan will be requested for administrative

               approval prior to installation.  The parking indicated on the site plan shows 4 parking spots,

               Section 6.4.11.1 of the Code requires a minimum of 1 parking space for each 200 square feet of

               restaurant space, estimated restaurant space will be at or less than the 800 square feet. 

               Additionally, the parking should provide enough spaces for the reasonable ingress and egress of

               “to go” and “carry out” customers.  All employees park in an off site parking lot previously

               arranged with a neighboring business by Eastern Utah Produce. Jeff Nielson went through the

               recommendations from staff with the Commission:

·         Right turn only when exiting the parking lot , and installation of a sign indicating right turn only, finding that right turns only when exiting the parking lot will mitigate traffic congestion when entering and exiting the parking lot area and provide for a more efficient use of the limited off-street parking stalls. Mr. Nielson stated he had measured all of the stalls.

·         All owners and employees to park in off-street, off site, parking as previously arranged between Eastern Utah Produce and Gas-N-Go finding that off street, off site parking by owners and employees will mitigate traffic and congestion at the business location and maximize use of limited parking stalls for customers. Nick Tatton requested a copy of the signed agreement with Gas-N-Go be given to Price City for the record.

·         Placement of the garbage dumpster, unscreened, to the south end of the parking lot in a manner so as not to interfere with daily maintenance by Eastern Utah Produce and minimum weekly emptying of the dumpster to promote an efficient use of the limited parking lot area finding that regularly maintained garbage receptacles promote a more aesthetic environment consistent with the goals of the Price City General Plan and that maximum off-street parking will be facilitated.

·         Installation of a minimum of 5% landscaping at the subject property finding that landscaping will promote a more aesthetic environment consistent with the goals of the Price City General Plan and finding that the business is located on a primary entrance route into Price City.

·         Contact with PRWID and completion of any required interventions into the waste collection system finding that appropriately screened waste water collection will reduce build up in the collection system and improve the life expectancy of expensive community infrastructure.

·         Completion and submission of final sign plan to Price City for review and administrative approval prior to installation finding that property permitted and reviewed signage maintains consistency within the community and promotes the goals of the Price City General Plan.

·         Completion and installation of all required ADA access improvements and public infrastructure on 100 North Street along the development location including curb, gutter, sidewalk, drainage control, etc. and completion of a valid development agreement with the Price City Public Works Department finding that properly developed and installed ADA access improvements and public infrastructure promote long-term quality development within the community and maintain consistency with the goals of the Price City General Plan. Jeff has been working with the Building Inspector on this item. Different ideas will continue to be looked at. The building was built 55 years ago and no ADA ramp was built.  

·         Procurement of a valid Price City Building Permit for all renovations and improvements taking place at the project site finding that properly permitted and inspected building improvements promote long-term sustainable development within Price City and support the goals of the Price City General Plan.                    

                Mr. Nielson stated that landscaping will be on the backside of the building by the billboard and in

               the park strip and the garbage dumpster will probably be placed at Gas-N-Go next to their

               dumpster. PRWID has been contacted and a grease trap will not be required as no fryers will be

               used in this business. Staff recommends concept only. MOTION. Commissioner Shook moved

               for a favorable motion for concept only approval. Motion seconded by Commissioner R. Richens

               and carried.

 

XI           UNFINISHED BUSINESS

                                      1.  Pinnacle Canyon Academy: (Pinnacle is working with the City on all matters)

                                                      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 

                                      3. Price Auto Group- Pavement

 

Meeting adjourned at 6:39 p.m. by Chairman Bruno pursuant to the motion by Commissioner R. Richens.

 

 

 

 

 

APPROVED: _________________________                                  ATTEST: ________________________

                       Larry Bruno, Chairman                                                                      Laurie Tryon, City Recorder