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. 


 

11.      STAFF

 

Nothing to report at this time.

 

 

There was no further business and Gary Lyon made a motion to adjourn.  The meeting was adjourned at 7:55 P.M.