Minutes
Price City
Planning and Zoning
February 22, 2000
Price
City Hall 6:00 P.M.
Present: John
Angotti, Chairman Vern
Jones, Community Administrator
Larry Bruno, Vice-Chairman Francis
Duzenack, Zoning Administrator
Alfred Richens Carolyn
Vogrinec, Secretary
Gary
Lyon
Laurel
Marinos
Joe
Piccolo
Penny
Sampinos
Others Attending;
Susan L. Pitts Kathy
Hanna
Karon Mills Leonard
Miller
Jerry Mosteller Lyle
Bauer
Richard Morley Sam
Farlaino
1.
MINUTES
OF FEBRUARY 7, 2000.
There were no additions or corrections and Penny
Sampinos made a motion to approve the
minutes of February 7, 2000 as read.
Larry Bruno seconded and the motion carried.
2.
HOME
OCCUPIED BUSINESS - OFFICE USE ONLY
A-1 DRIVING SCHOOL
1631 WARWICK CIRCLE
LEONARD MILLER
DRIVER EDUCATION DISTANCE LEARNING
Mr. Miller explained to the Commission that Verl Shell is the
owner of the A-1 Driving School and has a number of schools throughout the
state. Mr. Miller is the only one doing
this type of business and is not connected with the Carbon County School
District in any way. The agenda is a
self study program through Weber State University Continuing Education and
students do the lessons at their own leisure.
A large number of the clientele are foreign students from CEU. All students will be picked up at the
college or a local parking lot so there will be no impact on
neighborhoods. The car used for drivers
education will be kept at Mr. Miller’s home.
There were no concerns and Alfred Richens moved to forward a favorable
recommendation to Price City Council for the Home Occupied Business - Office
Use Only for A-1 Driving School. Gary
Lyon seconded and the motion carried.
3.
HOME
OCCUPIED BUSINESS
TY-BI WEAR
250 SOUTH 200 WEST
SUSAN PITTS
SEWING SCRUBS AND SMOCKS
Ms. Pitts appeared before the Commission explaining that she
will sew smocks and scrubs in her home for medical personnel. There are no employees or inventory. The products she produces will be taken to
medical offices to be sold. There were
no concerns and Larry Bruno moved to forward a favorable recommendation to
Price City Council for the Home Occupied Business of Ty-Bi Wear. Penny Sampinos seconded and the motion
carried.
4.
HOME
OCCUPIED BUSINESS - OFFICE USE ONLY
CASTLE VALLEY WINDSHIELD REPAIR
673 NORTH 200 EAST
BRENT YORBA
MOBILE WINDSHIELD REPAIR & REPLACEMENT
Because this is the second time Mr. Yorba has been placed on
the Planning and Zoning Agenda and has not appeared, Alfred Richens made a
motion to remove Mr. Yorba from the agenda.
Also, a new application for this business must be completed and reviewed
before the matter can be reconsidered. Larry Bruno seconded and the motion carried.
5.
CONDITIONAL
USE PERMIT - BUSINESS & SIGN
BIG T’S GYM
57 NORTH CARBON AVENUE
JERRY MOSTELLER
EXERCISE & BODY BUILDING
Joe Piccolo asked if the PRWID Waste Water Survey had been
completed and delivered, and if so, was everything adequate. Francis Duzenack indicated Mr. Mosteller had
complied and the facility has been reviewed.
No foods will be prepared. They
plan to have a restroom remodel and showers for the patrons. PRWID indicated some of the information was
incomplete, but they are recommending installation of a sampling manhole and
upgrade in the sewer lateral if it is currently less than 6". The concern is hot tubs and spas. The chemicals used for them can be harmful
to the waste water treatment facility.
The sampling manhole can identify those problems if they arise. Alfred Richens asked concerning parking for
the facility. Mr. Mosteller indicated
the owner said they could use the parking along the side of the facility, the
rear of the building and approximately 30 stalls in the back area. This, in addition to the Price City Parking
Lot directly across from the building on Carbon Avenue.
Gary Lyon asked Mr. Mosteller if this was the first time he
had heard about the sampling manhole.
Mr. Mosteller indicated it was and that he has had no contact from PRWID
at all. Francis Duzenack said he
assumed PRWID had discussed the matter with Mr. Mosteller. Vern Jones indicated installation of the
sampling manhole was conditional and would be a condition of the permit so the
project could proceed. Mr. Piccolo
feels this would be a permitted use of the building and since the building use
is being changed, new requirements have to be met and this is one of them. He continued by explaining that the sampling
manhole is written by law to say “where
feasible or necessary on conditional use changes and all new
construction.” If this Commission deems
it necessary and feasible to put the sampling manhole into operation, it can
request it be done and be in agreement with PRWID’s recommendation. Vern Jones referred the Commission to the
last paragraph of the PRWID letter indicating PRWID would contact Mr. Mosteller
directly for completion of the required necessary survey information.
Mr. Lyon expressed concern that the applicant began the
Planning and Zoning process before he received any communication from PRWID
concerning his project. He feels this
is premature and does not make the applicant aware of any changes or additions
so that he can come before the Commission better prepared. He suggested perhaps the PRWID process
should be reviewed. Following
discussion on this matter, Joe Piccolo moved to forward a favorable
recommendation to Price City Council for the Conditional Use Permit - Business
and Sign for Big T’s Gym, contingent upon having ample waste water treatment
facilities in place which will include a sampling manhole. Alfred Richens indicated he would like more
information concerning the business sign.
Mr. Mosteller told the Commission he would be using the fascia sign
already installed on the front of the building, however, the overhanging sign
will be removed. Mr. Piccolo then
amended his motion to include as an additional contingency that the overhanging
sign, already in place on the building, will be removed. Gary Lyon seconded and the motion carried.
6.
CONDITIONAL
USE PERMIT - AWNING
WIX PLAZA
227 EAST MAIN
RICHARD H. MORLEY
PROPOSED AWNING WILL OVERHANG RIGHT-OF-WAY
Joe Piccolo asked if the overall height from the sidewalk to
the bottom of the awning is about 7 feet as indicated by the drawing. Mr. Morley indicated he had been informed
that it will have to be 8 feet. In
order to get the full 8 feet, he will have to cut through the rock sign. The frame on the awning will be whatever is
required for the minimum height. There
is also a 6" scallop trim for the awning
and it will extend out 4 feet.
Sign Edge is the sign contractor.
Francis Duzenack informed the Commission anything overhanging the
sidewalk needs special Council approval.
It is here tonight for Planning and Zoning recommendation to City
Council. Joe Piccolo asked if there was
a minimum height requirement for above the sidewalk. Mr. Duzenack said there was nothing in the zoning ordinance, but
he had contacted Price City employee Lyle Bauer who does the tree trimming for
the City and his regulations call for a clear space of 8 feet above all
sidewalks. We are using that standard
because we don’t have an actual height requirement for that. The signs allow for a 10 foot requirement,
but this is an awning on a building without signage. Mr. Piccolo expressed his concern that the awning will block the
driveways on either side of the building or that children may try to grab for
the awning as they ride under it on their bicycles. Mr. Morley said 7'6" would work much better for him, but if
it is 8', he will do that, but cannot go any higher. He will have to cut off part of his rock sign to accommodate the
awning at 8'. Joe Piccolo asked the
requirement is 8' clear space above the
sidewalks. Mr. Duzenack indicated this
was the sidewalk clearance used for tree trimming. Mr. Bauer said it was listed in the Shade Tree Ordinance and it
primarily for pedestrian traffic to make certain the tree branches are well out
of the way. Joe Piccolo brought up the
question of Price City liability if someone ran into this awning. Vern Jones indicated that if the 8' “rule”
applied to trees, then by applying the same rule to an awning, you would be
fine. Alfred Richens told the
Commission the ordinance says that Price City is trying to eliminate any
overhang on the public right-of-way whether it is a sign or awning. Following some discussion on this matter,
Joe Piccolo suggested we contact the Price City Attorney for his opinion on
whether or not the awning can be installed at 7'6" and if he feels this is
acceptable, the Commission will go with that decision. If it can be done at 8', it will coordinate with the shade tree
ruling and there won’t be any problem.
Mr. Morley agreed with this, but indicated his purpose was just not aesthetics. On the south side, buildings on the north
side of Main Street have big windows that magnify the sun, and he is looking
for shade. Mr. Morley feels he cannot
do the project, if the awning is to be installed at 8'. The frame would be at 8' and the scallops
would add 6" more and anything any higher than 7'6" would not shade
the windows of his building. He asked
that the Commission take the matter to the Price City Attorney for an opinion
on the liability issue and contact him as to the decision. Alfred Richens moved to table this matter
until such time as the Price City Attorney gives a legal opinion as to Price City’s liability if the awning in question is installed on
the building at an elevation of 7'6".
The matter will be placed on the next meeting agenda for review. Motion was seconded by Gary Lyon.
7.
CONDITIONAL
USE PERMIT
REQUEST TO REPLACE INFORMATION MARQUEE
CARBON COUNTY TRAVEL BUREAU - KATHY HANNA
CARBON COUNTY CHAMBER OF COMMERCE - KARON MILLS
Both Ms. Hanna and Ms. Mills appeared before the Commission
to explain the details of the new marquee information sign. Joe Piccolo asked if this was a complete
renovation. They indicated this would
be a new sign, larger in size, illuminated and funded by the Restaurant Tax
Board. They have worked with Francis
Duzenack through the entire process.
Joe Piccolo asked if the old sign could be renovated and installed at
some other entrance to advertise what is going on in our community. He was told the old sign is dilapidated and
would require a lot of work to restore. The cost to repair the sign ran about
$14,000.00 and to re-paint and re-letter ran about $8000.00. Francis Duzenack told the Commission the
sign is an existing sign and this is a
very attractive upgrade. Technically, Price City does not permit
off-premise signs, but because it is existing, we can approve an improvement to
the existing sign. It exceeds our 250
square foot by 50 square feet, but can be increased and permitted by
Conditional Use Permit. There were no
concerns and Joe Piccolo moved to forward a favorable recommendation to Price
City Council for the Conditional Use Permit for a request to replace the
information marquee sign, to be located at the original location and approved
by conditional use to be 250 square feet as drawn. The motion was seconded by Larry Bruno.
8.
REQUEST
FROM RESIDENTS TO VACATE ALLEY
600 SOUTH TO 700 SOUTH
TO BETWEEN
200 EAST AND 300 EAST
PROPERTY OWNERS SOUTH OF 700 SOUTH WILL
NEED TO PETITION CARBON COUNTY AS THE
PRICE CITY LIMIT IS AT 700 SOUTH
Vern Jones told the Commission Price City has received a petition
from a majority of the concerned land owners and they want to actually vacate
the alley. The City will not deal with
the portion of 700 South to 800 South as it is in the County. Both Francis and Vern looked at the 10'
alley. It is overgrown and there are no
utilities in the alley - the power is from the front, gas has no services, the
sewer and water are from the street and the ditch water comes down the
front. The only potential possibility
may come at a later time when the City entertains annexation in that
direction. Considering the situation
with water lines in that area, it could be advantageous to go down the alley
with the water line. The residents are
asking to vacate the land so they can use it for their own purposes. Vern explained nothing would be gained by
having an easement. If the City wanted
to retain an easement, they would leave it the way it is - as a dedicated
alleyway for public right-of-way.
Utilities can be installed in the street without disturbing curb, gutter
and sidewalk. The other side of the
street belongs to Carbon County and they do not require these
improvements. The matter will now go to
City Council. Francis Duzenack
explained this alley is actually located in the Sterling Subdivision, but
because of the law requiring that we give the property to property owners on
both sides, those people in the River View Subdivision will receive 5' and the
people in the Sterling Subdivision will receive 5'. So both subdivisions will have to go through a subdivision process
to re-describe the boundaries of the subdivision and it becomes a complicated
process. Joe Piccolo asked about the
hard costs of this transaction. Vern
Jones indicated the survey would have to be done by someone other than the City
Engineer and according to State Law, the costs can be born by the
petitioners. Mr. Duzenack also
indicated letters have been sent to all utilities advising them of this
impending action, but we have not yet heard from them. There were no other comments or concerns,
and Larry Bruno moved to forward a favorable recommendation for the request by
these residents to vacate this alley.
Penny Sampinos seconded and the motion carried.
9.
CONDITIONAL
USE PERMIT
FARLAINO’S RESTAURANT - EXPANSION & ADDITION
EXPANSION INTO BASEMENT UNDER
FARLAINO’S & THE SAVOY
SAM FARLAINO & TONY BASSO
Before proceeding with this item, Chairman John Angotti told
those present, that although he is a relative of Mr. Farlaino’s, he has no
financial interest in this project and will remained seated and serve as Chair
during its presentation. However,
Commission Member Penny Sampinos, the owner of the building housing this
business, will not vote and step down during its presentation.
Mr. Farlaino appeared before the Commission to explain his
project and answer any questions. He
said he would be able to service 50 -60 extra people downstairs. There are two existing entrances now, one on
the side and one on the back. He will
add a third one inside and use the back entrance as an exit. Because he is providing the same services
upstairs as he is downstairs and upstairs is handicapped accessible, he will
not need ADA access. He has cleared
this through Active Re-entry. Downstairs
will be a bar and upstairs will be licensed so drinks will be available, along
with food. He will not be serving full
dinners downstairs. Children will be
allowed upstairs only. He has not yet
applied for a liquor license, but will operate off his restaurant license. The back stairs must be widened to meet
code. Gary Lyon asked if Mr. Farlaino
had received a letter from PRWID concerning a sampling manhole. Mr. Farlaino said he had spoken with Jeff
Richens and was advised there might be a possibility of a sampling manhole, but
he wasn’t sure as he was waiting for Price City to run tests. Mr. Farlaino said he had been contacted by
Price City and told the line was a 4" line and it would now be up to
Planning and Zoning. There are three
separate sewer lines coming into the building.
The sewer line in the basement is separate from the restaurant and
separate from the Savoy next door.
There was concern that the addition of 60 extra people would increase
the discharge into the sewer. Penny
Sampinos, owner of the building, indicated it would be a mess to dig the old
sewer up to replace it with new.
Francis Duzenack said if this were a new building, it would require a
grease trap for the kitchen, a 6" sewer line and a sampling manhole. Mr. Farlaino indicated he was doing no
cooking or installing a kitchen in the basement, so PRWID felt that a grease
trap was unnecessary. Even if the new
influx of people increases the grease output by cooking more food, there are
grease traps that can be done within the kitchen itself and they work well. He has a company from Provo dispose of his
grease. Mr. Duzenack said the way the
sewer lines are run, it is more than likely that the sampling manhole will have
to be installed in the sidewalk area because the sewer line runs directly out
to the west. There has been one
instance of sewer backup and the City was responsible. Mr. Farlaino said he understood the role of
the sampling manhole, but he was installing only a bathroom and a bar and felt
it would be a very expensive project.
The basement has not been used for 12 years and it is a change from its’
prior use. Joe Piccolo asked if there
had been a feasibility study done on the cost of this sewer upgrade because he
feels it is part of the law - “ where feasible”. If the City makes Mr. Farlaino install the sampling manhole on
the upper sewer line, the line where he cooks and where it needs to be, that
could be an unfair imposition because he is remodeling the basement and the
basement sewer line will not be in the manhole. However, it is an opportunity for the City to comply with the
provision of sampling manholes, in the event there is a problem. Mr. Piccolo told the Commission the 60
additional people would double the available capacity. If the grease output is doubled without a
grease trap, there would be no way to determine whether or not it’s
contaminating the sewer. Mr. Farlaino
said he understood the concern, but the food being served downstairs is not
full dinners but mainly drinks. Many of
his customers order alcoholic beverages with their meal and, in order for Mr.
Farlaino to comply with the Utah State Liquor Laws, he will need the downstairs
bar in order to provide these alcoholic beverages for his customers. Mr. Piccolo indicated this service would
enhance his business, but still doubles the capacity and feels the cost of doing
this project should be investigated. It
would help him with his decision.
Following discussion concerning the sampling manhole, Larry
Bruno suggested utilizing the Sewer Department television facilities to locate
the sewer lines and determine where they go and if they are shared before
making any decision on the matter. Gary Lyon asked if the basement had been
inspected by the Price City Fire Chief.
Mr. Farlaino indicated the inspection had been done and he will install
a fire sprinkler system in the basement ceiling because the area is over 1500
square feet.
Joe Piccolo directed Staff to look into the waste water
outlet coming out of the Sampinos Building and contact the Price City Sewer
& Water Department and have them do a better television study of the sewer
lines. He would like a determination of
the number of lines, where they are located and on which line the sampling
manhole can be installed. He also asked
Penny Sampinos to obtain a bid for re-routing the sewer and installing a
sampling manhole for the building. Ms.
Sampinos told the Commission they were awaiting plans before getting bids on
the total project. They want to see the
feasability of the entire project before they proceed. After some consideration, a decision was
made to table the item and Joe Piccolo made a
motion to table this matter of business for further consideration and
allow Mr. Farlaino to determine the next meeting date regarding his project. Staff will contact the Price City Sewer and
Water Department and instigate immediate procedures to obtain the necessary
information and report back to Mr. Farlaino and Ms. Sampinos as soon as
possible. Gary Lyon seconded and the
motion carried.
10. PRICE CITY CLIFFVIEW CEMETERY
1900 EAST 800 NORTH
RESTROOM CONSTRUCTION - FINAL APPROVAL
LYLE BAUER, CEMETERY SUPERVISOR
Cemetery Supervisor Lyle Bauer told the Commission
$15,000.00 has been budgeted for the construction of a restroom facility at the
Cliffview Cemetery. He referred to the
floor plan of the Romtec Sierra I. Title 24 single stall, unisex, ADA compliant
restroom building. The unit will come
unassembled and will be put together by a Price City crew on a concrete pad
prepared in advance. It will be on the
northeast of the intersection when first entering the cemetery. The water will come off the irrigation pump
shack and the sewer will come from the street.
Gary Lyon asked if the restroom was vandal proof. Mr. Bauer indicated the restroom will be
locked at night. The inside will have
graffiti-proof fiberglass panels and the outside is cinder block designed to
look like natural stone. Joe Piccolo
asked how the new restroom would fit into the overall plan of the
cemetery. Mr. Bauer said that, if the
need arises, another facility like this one, will be added. Mr. Piccolo questioned the location of the
building and asked if there was a more central location. Mr. Bauer indicated the area down on the
other end was not yet developed. Mr.
Piccolo feels it would be more convenient, now and in the future, to walk from
any position to the center of the cemetery, rather than from the northeast
quadrant. There will eventually be a
building housing the sexton’s office and storage and Mr. Piccolo asked where
the plans shows it to be located. Mr.
Bauer indicated it would probably be in the same section as the pump
shack. There was discussion on the
matter and Mr. Piccolo asked if there was a master plan for this cemetery. Mr. Bauer said there was a master plan, but
that it had been changed. Mr. Piccolo
told the Commission that before this restroom is constructed, he suggests the
master plan be reviewed and an explanation made of how the restroom will fit in
with the buildings of the future.
Francis Duzenack told the Commission that the Price City Engineer
requested this item be placed on the agenda for a Conditional Use Permit for
Final Approval. Gary Lyon moved to
forward a favorable recommendation to Price City Council for the Conditional
Use Permit - Final Approval for the Price City Cliffview Cemetery
Restroom. Laurel Marinos seconded and
the motion carried. Joe Piccolo voted
Nay.