MINUTES OF JANUARY 28, 2008
PRESENT: Commissioners:
Larry Bruno Laurie Tryon, City Recorder
Alfred 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
In attendance: Richard
Tatton, Larry Bruno,
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
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,
·
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
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
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,
·
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
Nick Tatton presented this amendment
for a Conditional Use Permit (CUP) for
Motor, located at
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
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
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
Over the last couple of years the Diversity store,
located at
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
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-
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
·
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
·
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
·
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
·
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
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.
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