Minutes

Price City Planning and Zoning

April 10, 2000

Price City Hall 6:00 P.M.

Present: John Angotti, Chairman Vern Jones, Community Administrator

Larry Bruno, Vice-Chairman Francis Duzenack, Zoning Administrator

Laurel Marinos Carolyn Vogrinec, Secretary

Alfred Richens Penny Sampinos

Gary Lyon Joe Piccolo

Others Attending:

E. Farley Eskelson Russell Wilson

Wayne Bishop Cathy Wilson

Justin Sherman Kathy Sherman

Brad Fausett Thomas L. King

Karen Bliss Sherry Feichko

Sarah Whitehead Merilee Fonoti

Nancy Boyle John Boyle

Rex Tallerico Manny Escoto

Kelley Burnham Tony Basso

1. MINUTES OF MARCH 20, 2000

There were no corrections or additions and Gary Lyon moved to approve the minutes of the March 20, 2000 meeting as read. Larry Bruno seconded and the motion carried.

2. HOME OCCUPIED BUSINESS

T-REX TEAM SALES

880 NORTH 300 EAST

SPORTS APPAREL & SILK SCREENED PRODUCTS

BRAD FAUSETT

Mr. Fausett appeared before the Commission and explained his business. He indicated he will use a small amount of paint thinner to clean the screens, but most paints are water-soluble. As a high school teacher, he sees a demand for pre-printed uniforms and jerseys. There is no place in town doing this type of work so he has decided to go into wholesale team sports apparel. No inventory is stored as he sells and delivers what is ordered. No impact will be made on the neighborhood. There were no further questions and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Home Occupied Business of T-Rex Team Sales. Penny Sampinos seconded and the motion carried.

3. HOME OCCUPIED BUSINESS - OFFICE USE ONLY

LIGHT HOUSE SYSTEMS

730 NORTH 400 EAST

LIGHTED HOUSE NUMBERS

ROY TALLERICO

Mr. Tallerico introduced his lighted house number product to the Commission. He sells the product only. The interested consumer then orders from a brochure and, upon receipt, has it installed by a certified electrician. There were no concerns and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Home Occupied Business - Office Use Only for Light House Systems. Laurel Marinos seconded and the motion carried.

4. HOME OCCUPIED BUSINESS - PRESCHOOL

970 NORTH 200 EAST

OPERATE PRESCHOOL FROM 12:00 - 2:00 P.M.

THREE DAYS PER WEEK

SARAH WHITEHEAD

Ms. Whitehead appeared before the Commission saying she has completed the neighborhood survey needed for this business with 21 favorable signatures. State approval is not required because this is preschool and not daycare. Mr. Duzenack explained a State License is not, at this time, needed for preschools. They are not regulated by the State, as is the case with daycare centers. There will be 6 to 8 students and the preschool will be in the upstairs portion of the home with two outside exits. It must be inspected by the Price City Fire Chief. There are no concerns and Joe Piccolo moved to forward a favorable recommendation to Price City Council for the Home Occupied Business - Preschool, contingent upon approval by Price City Fire Chief. Gary Lyon seconded and the motion carried.

5. CONDITIONAL USE PERMIT - SIGNS

BANK OF THE WEST

180 EAST MAIN (FORMERLY FIRST SECURITY BANK)

IMPACT SIGNS

Mr. Duzenack explained there is no representative and he has not heard from the sign company. The proposed bank merger has fallen through and he recommended moving the item from the agenda. Joe Piccolo made a motion to strike this item from the agenda. Gary Lyon seconded and the motion carried.

6. CONDITIONAL USE PERMIT

TEMPORARY A-FRAME SIGNS

COLLEGE OF EASTERN UTAH

BOARD OF REGENTS

KAREN BLISS, DEAN OF INSTITUTIONAL ADVANCEMENT

The Board of Regents will meet in Price on Friday, April 14, 2000 and CEU would like permission to install three directional A-frame signs for their aid and convenience. They will install them on Thursday afternoon and remove them on Friday. There were no questions and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit for CEU - Temporary A-Frame Signs. Joe Piccolo seconded and the motion carried.

7. CONDITIONAL USE PERMIT

REQUEST TO CONSTRUCT GARAGE ADDITION

TO AN EXISTING, NON-CONFORMING DWELLING

586 WEST 350 NORTH

JUSTIN AND KATHY SHERMAN

The garage will be on the east side of the home, facing north and south. The only thing non-conforming about the building lot is the rear lot is less than the requirement. The current zone requires 20' and the lot is 18'6", leaving 1'6" needed and requiring a Conditional Use Permit. There were no concerns and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Garage Addition To An Existing, Non-conforming Dwelling for Justin and Kathy Sherman. Gary Lyon seconded and the motion carried.

8. CONDITIONAL USE PERMIT - BUSINESS AND SIGN

ROCKY MOUNTAIN HOME CARE

60 EAST 100 NORTH

RELOCATING FROM MAIN STREET LOCATION

SHERRY FEICHKO, DIRECTOR OF OPERATIONS

Merilee Fonoti, of Rocky Mountain Home Care, explained they have taken over another home care business, outgrowing their previous location. The overhanging sign will be removed and signs will be placed on the door and window only. The paved parking in the back provides adequate parking. The PRWID Survey has been completed, but they have not received a response. Jeff Richens of Jeff Richens of PRWID says nothing is required. There were no other questions and Penny Sampinos moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Business and Sign - for Rocky Mountain Home Care. Joe Piccolo seconded and the motion carried.

9. CONDITIONAL USE PERMIT - BUSINESS

NATURE WALK

55 NORTH 600 EAST

SHIPPING OFFICE FOR INTERNET VITAMINS

CATHY WILSON

Russell Wilson appeared before the Commission to represent Nature Walk. The business is located in the Southeast Chiropractic Clinic. They will use this as a shipping office only and will not have a sign because they are not doing any retail business. They concentrate on herbal medicine and also have an Internet site. There were no further questions and Gary Lyon moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Business for Nature Walk. Larry Bruno seconded and the motion carried.

10. CONDITIONAL USE PERMIT - BUSINESS

AIRPORT SHUTTLE

95 EAST MAIN

DAILY SHUTTLE SERVICE FROM PRICE TO SALT LAKE AIRPORT

JOHN AND NANCY BOYLE, OWNERS

John and Nancy Boyle will operate a 15-passenger shuttle van daily in both Carbon and Emery Counties. They will do business from the First Class Travel office and hope to open in late May. Gary Lyon asked where the users of this service would park their cars while they are gone. They are not loading at First Class Travel, but at various other stops. Their pickup stations will be at BK’s in Huntington; Emery Medical Center in Castle Dale; Market Express (either one of two) in Price; and the parking lot across from Fossat’s Drive-Inn in Helper. They have written letters of permission from each of these businesses. Vern Jones asked if this is a state licensed operation. Ms. Boyle said they work through the Salt Lake Airport and must meet rigid criteria before they are approved. Because there are 15 or fewer passengers, a chauffeur’s license is not needed. There were no further concerns and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Business for Airport Shuttle. Gary Lyon seconded and the motion carried.

11. CONDITIONAL USE PERMIT - SIGNS

VELVET FREEZE

801 EAST MAIN

RELOCATING TO FORMER KENTUCKY

FRIED CHICKEN BUILDING

KELLY BURNHAM

Kelly Burnham, owner of Velvet Freeze, told the Commission he has relocated his business to the old KFC Building. He wants to include the neon running or band lights attached to the old Velvet Freeze in his request for a sign and install them on the new building. Francis Duzenack indicated either type would work because it’s more a building decoration than a sign. They will use the existing KFC sign box and window signs. The KFC bucket will also be removed. They have met with Jeff Richens of PRWID and, because this is an existing restaurant with a sampling manhole and adequate sewer, nothing else is required. The storage shed, having been moved from the Velvet Freeze, is a new addition to the property and the advertising fence signs from the previous location will be attached to the sides of this shed. There were no concerns and Gary Lyon moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Signs for the Velvet Freeze. Laurel Marinos seconded and the motion carried.

12. CONDITIONAL USE PERMIT - BUSINESS

AMAZON FAMILY CENTER

55 EAST MAIN

ENTERTAINMENT CENTER - ARCADE

DANCE FLOOR - EDUCATION & TUTORING

MANUEL ESCOTO

Mr. Escoto appeared before the Commission to explain his project and answer any questions. He told the Commission the Center would remain open as late as the law would allow. During the week, they will close at 8:00 or 9:00 P.M., but on weekends, will be open later. They will also open either 3:00 to 4:00 or 5:00 to 6:00 P.M. after school for tutoring by students from CEU. The facility cannot be open while school is in session and, in all instances, they will be certain to comply with the law. Gary Lyon asked if there is a back entrance to the building from the alley, and if so, will the patrons be parking in the City Parking Lot and walking in through the back.

Mr. Escoto indicated there is a back entrance and he will comply with the Building Inspector’s request regarding this entrance. There is a power plant in the back alley and this could create a hazard to anyone trying to enter or leave by the back exit. He is planning to provide an exit by the west side of the building, if feasible. The Building Inspector will go through the building followed by the Price City Fire Chief. The restrooms will be ADA compliant. There is an arcade and pool tables with a dance floor open only on Friday and Saturdays. There will be adult supervision at all times. The snack bar will serve hot dogs, nachos, soda and foods of this type. Building sprinklers are not needed for the upstairs area and the basement will be closed off with no access at all. Francis Duzenack has received a letter from PRWID concerning this project and they are recommending a sampling manhole and replacement of the 4" sewer with a 6" line. A grease trap is not needed at this point because no cooking is being done. Mr. Escoto reiterated that no cooking would be done. The landlord, Tom King, was concerned about the installation cost of these items and discussion was held on this request. Joe Piccolo told the Commission there is a pending project to refurbish that portion of Main Street. Main Street has just recently been overlaid and in order to get away from re-opening it for this purpose, especially when there is no cooking in the facility, perhaps an agreement can be made with the landlord stating that, at the time the refurbishment is done and the street is open, the sampling manhole and sewer will be installed, making it more feasible and easier to install. Postponement would also reduce costs to all involved. This can be attached to the agreement and will be a condition of approval. Francis Duzenack suggested contacting all merchants on the street concerning an upgrade at that time. Following some discussion on the matter, Joe Piccolo moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit for Amazon Family Center, contingent to the installation of the sampling manhole and sewer line at such time as the street is open and the refurbishment is done. It is also contingent upon the purchase of a business license. Larry Bruno seconded and the motion carried.

13. CONDITIONAL USE PERMIT - CONCEPT APPROVAL

McDONALD’S CORPORATION

409 EAST MAIN

RELOCATE McDONALD’S

DEMOLISH FORMER VELVET FREEZE

E. FARLEY ESKELSON, PROJECT ENGINEER

Farley Eskelson and Wayne Bishop appeared before the Commission representing McDonald’s Corporation. They are requesting permission for demolition of the existing building and construction of a new McDonald’s Restaurant. Joe Piccolo asked if McDonald’s would be interested in participating in a proposed stop light at 100 North and 400 East, as it would benefit McDonalds as well as Price City. Discussion was held on this matter. McDonald’s will have 1.5 acres and the landscaping plan calls for 25%, considerably more than required. A power problem has been identified, but will be resolved. Vern Jones indicated UDOT has some concern with the second driveway on Main Street. One driveway was widened and one was narrowed and he asked if one of the driveways could be tilted so it is a definite right turn only. This would discourage left hand turns. Mr. Piccolo advised them of the Redevelopment District and suggested it might be helpful to them. They plan to either or demolish the old building. There are two houses on the north end of the property and the current driveway from the McDonalds side will impact them somewhat. McDonalds could put curb cuts in the driveway, allowing these two homes access to their yards from the driveway rather than having side-by-side driveways going onto 100 North. McDonald’s will install curb and gutter and a driveway curb cut with concrete to the property line so they can have access. It then becomes the property owner’s discretion to go from there to wherever they may want to go. There were no further questions and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Concept Approval for McDonald’s Corporation. Penny Sampinos seconded and the motion carried.

14. CONDITIONAL USE PERMIT - BUSINESS AND SIGN

MAD MAN BASSO RV SALES

402 SOUTH CARBON AVENUE

ANTHONY BASSO, PRESIDENT

Tony Basso appeared to review his project with the Commission. Alfred Richens asked if any RV’s would be parked on the sidewalk on the north side of the building. He feels there could be a problem with pedestrian traffic along 400 South if people have to walk out in the street to get around the RVs. Tony indicated there is no existing sidewalk on the paved area now, so there is a possibility a few of the RVs could overhang where there should be a sidewalk. Joe Piccolo indicated there is a sidewalk there; it has just been paved over. Tony said he would angle the RVs a little more and eliminate the problem. Gary Lyon asked if he recognized there could be a visibility problem parking too many RVs close to the corner. Mr. Basso indicated Francis Duzenack has given him a 40-foot diagonal on the corner and if he maintains the 40-foot from the corner in both directions, he should be okay. He also informed the Commission that, along with the RVs, he now has a Ryder Franchise. Ryder Rentals will probably be parked over in the RV area and the RVs will be moved back to the rear paved area. Joe Piccolo asked if he could still get around the property with trucks and Tony indicated he left a 15' access. Mr. Piccolo mentioned that, in dealing with a past tenant, Price City had requested a 35 ‘ overshot. Francis said the tenant had put a drive approach, but the width was unknown. Mr. Piccolo then suggested that, because 400 South is so narrow right there and as much activity as is generated by Mr. Basso’s business, it would be a good idea to make the drive approach as wide as possible for the big trucks.

Larry Bruno asked concerning paving around the building. Mr. Basso indicated that particular area will not be paved now. He said he is renting the property from Hans Miller and is not certain of the outcome, as Mr. Miller is unclear as to what he wants to do. Mr. Basso currently rents only the area surrounding the building (the old Mabbutt Property) and does not want to pave the rented area for Ryder Rentals or RVs. He indicated U-Haul currently operates on gravel and he would like permission to do the same, whether there are Ryder Rentals or Rvs on the property. The paving of this area was discussed at great length and following this discussion; Joe Piccolo suggested a Temporary Conditional Use Permit might be issued to allow this parking without paving for a maximum period of two years.

The previous problems of concern at this location were the paving, ingress and egress for the trucks being pulled in and out on 400 South and the sidewalks. Vern Jones asked Mr. Basso if he would consider replacing the sidewalk on the unpaved area. Mr. Basso indicated he would willingly do it. Although it is not his property, it would make it easier for him to operate if the sidewalk was done. He would also like to paint lines so he would know exactly where to position the RVs or Ryder Rentals and perhaps indicate some customer parking along the side. Alfred Richens asked about the installation of a sign and Mr. Basso indicated that, for now, he will use banners for the RVs and Ryder Rentals. He has approval for a lighted sign on the corner of 400 South and Main and this will soon be installed. One other part of the application is the relocation of the impound lot from the north side to the south side of the street. All questions regarding this project were answered satisfactorily and all concerns met. Joe Piccolo asked the Commission to indicate by head-nod to give Concept Approval to Mr. Basso’s proposed project and recommended the matter be tabled for further consideration and placed back on the next meeting agenda or until such time as the Price City Attorney reviews all facets of this business and reports his findings. Alfred Richens seconded and the motion carried.

15. STAFF

1) VACANCY FOR BOARD OF ADJUSTMENT

Chairman John Angotti asked for recommendations for the vacancy on the Price City Board of Adjustment. Gary Lyon recommended Frankie Sacco and Larry Bruno recommended Leslie Jewkes. It was decided to leave the recommendations open for one more meeting.

Larry Bruno made a motion to adjourn. There was no further business and the meeting adjourned at 7:30 P.M.