Minutes

Price City Planning and Zoning

July 25, 2000

Price City Hall 6:00 P.M.

Present: John Angotti, Chairman Francis Duzenack, Zoning Administrator

Larry Bruno, Vice-Chairman Laurel Marinos

Penny Sampinos Joe Piccolo

Alfred Richens

Excused: Vern Jones, Community Administrator

Carolyn Vogrinec, Secretary

Gary Lyon

Also Attending:

Serfino Nick Delma Nick John Alger

Bob Wilson Lynn A. Chapwick Shirley Alger

Rudy Madrigal Lillian Gold Linden Kunde

Wesley Bettis, Jr. Thomas C. Mannschreck Lowell Springer

Jan Young Courtney Shucker

1. MINUTES OF JULY 10, 2000

There were no additions or corrections and Penny Sampinos made a motion to approve the minutes of July 10, 2000 as read. Laurel Marinos seconded and the motion carried.

2. CONDITIONAL USE PERMIT

DOROTHY WILSON PROPERTY

153 NORTH 200 WEST

REQUEST TO WAIVE REQUIREMENTS FOR STREET

IMPROVEMENT IN ORDER TO OBTAIN A BUILDING

PERMIT FOR A MODULAR HOME

BOB WILSON

Chairman Angotti referred to the Commission request to have Joe Piccolo confer with the Price City Attorney regarding this issue. Mr. Piccolo told the Commission there have been some comparisons made of other properties used to defray the time element as far as curb, gutter and sidewalk is concerned. He contacted Mr. Wilson by phone after speaking to the Price City Attorney and told the Commission there are some basic differences beginning with the right-of-way on 200 West, which is a dedicated right-of-way that will not change. After reviewing the other developments, those that have been postponed, at this point in time, have been so because the right-of-way was not clear cut. An example would be Nelson Lane where the right-of-way is not clearly defined. However, if Mr. Wilson will agree to two stipulations, he feels this matter

can be resolved. The first stipulation is the completion of a Developmental Agreement, for those improvements, established with Price City and attached to the property deed. The second stipulation is that it will be at Price City’s discretion as to when the development will take place for the whole street. Mr. Wilson indicated he was in favor of this suggestion. The Price City Attorney will draft a recordable document so if this property changes hands, the new owner is obligated to provide the improvements. There were no concerns or discussion and Joe Piccolo moved to forward a favorable recommendation to Price City Council for approval of this Conditional Use Permit, contingent to the Developmental Agreement for the improvements to be established with Price City and attached to the property deed. In addition, Price City will discern when the development will take place for the entire street. Penny Sampinos seconded and the motion carried.

3. CONDITIONAL USE PERMIT - SIGN

ROSCREA APARTMENTS

1680 EAST 300 SOUTH

THOMAS DEVELOPMENT

Thomas Mannschreck appeared representing Roscrea Apartments. They will be installing a brick monument sign on the property matching the surrounding buildings. It meets all the sign requirements and although it is located on the corner, it does not impose any sight problems. There were no questions and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Sign for Roscrea Apartments. Alfred Richens seconded and the motion carried.

4. CONDITIONAL USE PERMIT - SIGNS

McDONALD’S CORPORATION

400 EAST AND MAIN

YOUNG ELECTRIC SIGN COMPANY

Francis Duzenack made the presentation for McDonald’s Corporation. They plan to relocate the existing signs from the old to the new store. The sign zone at this location is S-2 with maximum allowable size of 100 square feet. This sign is about 150 square feet. This is an overall dimension and the square footage is controlled by conditional use and can be adjusted up or down. There are other miscellaneous directional signs and a Play Place sign with reader board to advertise the new play center in front of the building. Joe Piccolo indicated there is no sign indicating the traffic direction on 100 North entering or exiting. It is unknown if there is a directional turn-out or a go-either-direction onto 100 North. The entrance/exit on Main Street is a right turn only and will be marked on the pavement along with a sign. The angle cut driveway will divert customers to a right turn and eliminate left turns. Most traffic will exit onto 400 East or turn right onto Main Street. The larger driveway on the east side will exit onto 400 East or 100 North. Mr. Piccolo asked Mr. Duzenack to check into what will be done with the right hand turn sign and report back to him. There were no further concerns and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit - Signs for McDonald’s Corporation. Laurel Marinos seconded and the motion carried.

5. CONDITIONAL USE PERMIT

CASTLE VALLEY SERVICES

REQUEST TO INSTALL SNOWIE SHAVED ICE

BOOTH AT CEDAR HILLS NURSERY

180 NORTH CEDAR HILLS DRIVE

LILLIAN GOLD

Ms. Gold explained the shaved ice shack will be located half way back in the nursery driveway belonging to the owner. The business name is on the building and no sign is needed. There is a stacking requirement so vehicles will not back up or overhang on the property. The driveway allows room for vehicles to enter, park, and leave without inhibiting traffic. Sanitary conditions have been met. Employees will be 15 years old and up. Hours of operation will be 10:30 AM - 9:00 PM until Fall. There were no concerns and Larry Bruno moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit for Snowie Shaved Ice Booth. Penny Sampinos seconded and the motion carried.

6. CONDITIONAL USE PERMIT

TWO LOT SUBDIVISION

535 SOUTH NICK LANE

SERFINO AND DELMA NICK

Mr. Nick explained he has property on Nick Lane, measuring 150' x 150' and zoned MR-7. He is applying for a two lot subdivision with each parcel measuring 75' x 150'. Recently Price City did a Zone Change so Mr. Nick could have 7000 square foot lots on this parcel of property and be recorded as individual lots. Lot #1 will be developed first, with Lot #2 to be done in the near future. Joe Piccolo asked if street improvements will be installed along these lots. Francis Duzenack indicated they will be done and Mr. Nick will complete the Developmental Agreement soon. There were no other concerns and Penny Sampinos moved to forward a favorable recommendation to Price City Council for the Two Lot Subdivision for Serafino and Delma Nick. Joe Piccolo seconded and the motion carried.

7. TEMPORARY CONDITIONAL USE PERMIT

ASCENSION ST. MATTHEWS CHURCH

REQUEST TO RELOCATE TO AND INSTALL SIGNS

AT 745 EAST 200 SOUTH

(OLD CARBON CREDIT UNION BLDG)

JAN YOUNG

Ms. Young indicated their Church was located at 229 East 100 North but it has since been to sold to Darlene’s Daycare. They had to vacate the building in 30 days time and have been looking at different properties. They have been talking to Mr. Alger concerning the rental of his property for their Church. They are in the midst of a building project and feel it would take about 22 months to complete. Until then, they need temporary housing until their new Church is built. They are requesting a Temporary Conditional Use Permit for the use of the building for their Church. They also have a 4' x 8' sign they would like to post on the building. Francis Duzenack indicated this would meet code. They have an additional sign they want to post on the corner, but the location is zoned MR-7 and it cannot be allowed. Larry Bruno asked if the Church would be allowed in an MR7 or CD Zone. Mr. Duzenack said it is permitted by Conditional Use in the MR7 Zone, however, at this point in time, it is not known how much of the building will be used for their Church.

The zoning will work for the Church, but there may be other changes in the building and electrical codes due to the occupant load in the building. The Church Board is aware of what may need to happen. They would also like to have a 2' x 1' directional sign, but those types of signs are unregulated by our Land Development Code. If they are to be installed in Price City parkways, they will need approval from Price City Council. If they are on the State of Utah right-of-way, they will need UDOT approval. On private property, they will need permission from the property owner in order to place the sign. After some consideration, it was decided to vote upon the use of the building and the 4' x 8' building sign and the issue of the directional sign will be tabled until a location can be determined. Once this decision is made, it can be placed on the Planning and Zoning Agenda at the applicant’s request. Larry Bruno moved to forward a favorable recommendation to Price City Council for the Temporary Conditional Use Permit for Relocation of the Ascension St. Matthews Church to 745 East 200 South and for Installation of the 4' x 8' Sign on the Building. Penny Sampinos seconded and the motion carried.

8. RE-ZONE REQUEST - 745 SOUTH 200 SOUTH

RE-ZONE GONZALES/LEGAT AND ALGER

PROPERTIES FROM MR7 ZONE TO CD ZONE

(OLD CARBON CREDIT UNION BUILDING)

JOHN ALGER

Mr. Alger explained that Gonzales & Legat are the actual owners of the adjoining property. Joe Piccolo asked the purpose of leaving an MR7 Zone at the end of the property. Mr. Alger explained the end piece of the property measures 157' on the north side and is zoned MR7. It circles up and ties into the subdivision. In talking with the subdivision owners, they would rather remain in MR7 because that is what is needed for their subdivision and it prevents Mr. Alger from creating an island. Mr. Duzenack indicated this matter was considered from all points and the proposal seems to be the best solution to Mr. Alger’s problem. If we can attach that to the CD Zone, then he will be able to operate a retail facility and it will open up his building to many other possible uses in the future. A residential zone makes it very restrictive and doesn’t allow for many uses. There were no other questions or concerns and Joe Piccolo moved to forward a favorable recommendation to Price City Council to request and set a date for the Public Hearing for the Re-zone Request of John Alger. Larry Bruno seconded and the motion carried. (The proposed date for this hearing will be August 23, 2000.)

9. CONDITIONAL USE PERMIT

HEAD START OFFICE

745 EAST 200 SOUTH

(OLD CARBON CREDIT UNION BUILDING)

JOHN ALGER

Mr. Alger explained the Head Start Office has been in the building for approximately a year. This is a satellite program of Head Start and only a portion of the building is used as an office. They have three employees and the majority of their work is counseling done in client’s homes. They plan to have occasional meetings in the office during the winter months for parenting classes. Joe Piccolo asked if group counseling is allowed in residential districts. Mr. Duzenack indicated this is basically a professional office use and is permitted. Changing the zone will not affect this business or the Ascension St. Matthews Church because they are both permitted by Conditional Use Permit. The only item to be affected is Mr. Alger’s retail business, thus necessitating a zone change. All questions and concerns regarding this issue were satisfactorily answered and Alfred Richens moved to forward a favorable recommendation to Price City Council for the Conditional Use Permit for the Head Start Office. Laurel Marinos seconded and the motion carried.

10. STAFF

1) INFORMATION ONLY

THOMAS DEVELOPMENT - WATER LINE

Zoning Administrator Francis Duzenack indicated he had a matter of information to bring before the Planning and Zoning Commission concerning Thomas Development/Roscrea Apartments. There is a situation developing out there where Thomas Development is telling us they are not going to install the water line from 300 South and their project to Fausett Lane. What we have is a case, according to the minutes of that meeting, of Mr. Mannschreck assuring the Planning Commission that the water and sewer flow issues have been solved and that they would be installing the water line, as a joint venture between them and Mr. Leautaud. (Mr. Duzenack distributed copies of minutes concerning this issue to Commission Members) Now they are in the process of laying the sewer line and are saying they are not going to install the water line. They have had a disagreement with Jack Leautaud and the deal has fallen through. The contract is in place and the sewer line work is in progress, but is not yet done. Delbert Thayn began work on the sewer line, but was stopped by the contractor. When asked about the argument between Thomas Development and Mr. Leautaud, Mr. Duzenack indicated he did not know all the details, but at one point in time, Mr. Leautaud indicated he had a verbal agreement with Thomas Development to pay half the costs of the materials and Thomas Development would install the sewer and water line. In exchange for that, he would give Thomas Development a right-of-way easement to go through his property. However, there was a disagreement between the two parties and Mr. Leautaud told Thomas Development he would not participate at all. Thomas Development is doing the sewer line because it is needed, but the water line is needed also. Mr. Duzenack spoke with Price Fire Chief Boyack concerning the fire flow tests that were run out there and the line carries a static pressure of 60 pounds. As soon as you open the hydrant, the pressure drops to 18 psi on one test; 22 psi on another test and the maximum flow rate that could be measured was 1160 gallons per minute. For a building that size, Chief Boyack indicated the Fire Code is requiring a 3250 gallon flow rate with a flow duration of three hours. Because fire protection is important to Price City, Mr. Duzenack felt this information should be brought to the attention of the Commission.

There was no further business and Joe Piccolo made a motion to adjourn. The meeting adjourned at 7:07 P.M.