PRESENT: Commissioners: Larry Bruno-Chairman, Gary Lyon-Vice Chairman

                                                Alfred Richens-Jeanne McEvoy,

Frankie Sacco, Penny Sampinos, Ed Shook

                                                Building Official: Francis Duzenack

                                                Administrative Assistant: Laurie Tryon



OTHERS PRESENT: Rachele Donathan-Donathan Plumbing, Stacey Iodice-Beehive Loans, Josh Atwood-Atwood Auto, Bert Christensen-B.J. Motors, Francis Potter and Clyde Grames-Martha Grames Cemetery, Dickson Morley-Masonry Master, Inc., T.H. and Lynda Poloni-Elkridge Subdivision, Jeff Hunt-TKJ, Jim Jensen, Kathy Hanna Smith and Dave O’Brien- O’Brien Plumbing.



            Larry Bruno led the Pledge of Allegiance.


II         ROLL CALL

            The above members were in attendance and a quorum present.


III        MINUTES OF AUGUST 22, 2005

A favorable motion to approve the minutes of August 22nd, 2005 as amended was made by Ed Shook. Item IV, Line 3, Par. 1 “grandparents” to “parents”. Item IV, Line 10, Par. 1 addition of (150 square inches). Alfred Richens seconded the motion. Motion Carried.




Frankie Sacco, excused herself from the commission chair to present this request on behalf of Annette Etzel who was unable to attend due to illness.  The October 8th, 2005 Oktoberfest will be held at 23 E. 100 N. in the Elks Lodge. The Oktoberfest would like to place (3) A-frame signs at the following locations: 100 N. and 300 E., Market Express on Carbonville Rd. and in the front of Wal-Mart from September 26th  until October 10th.  As long as the signs are not placed in a city right of way the approval will be given. Staff had no additional requirements. A favorable motion for a Conditional Use Permit for A-frame signs for the Oktoberfest was made by Gary Lyon. Penny Sampinos seconded the motion. Motion Carried.




Rachele Donathan presented this request. This will be a Home Occupied plumbing business with office use only. No customers or traffic will come to the home. All supplies will be kept in the plumbing work van. There will be no signs placed in front of or on home. Staff will need the Donathans to bring a copy of the state contractors license to the Planning and Zoning office to be placed on file. A favorable motion for a Home Occupied Business-Office Use Only was made by Alfred Richens. Gary Lyon seconded the motion. Motion Carried.




Stacey Iodice presented this request. The sign for the front of the building originally requested will be smaller and have the 10’clearance instead of previously requested 8’ on application. Parking spaces will be shared by permission with Tatton Insurance and the hair salon next door. Beehive Loans will have two allocated parking spaces. A favorable motion for a Conditional Use Permit Business and Sign was made by Penny Sampinos. Gary Lyon seconded the motion. Motion Carried.




Dave O’brien presented this request of a final approval for a Conditional Use Permit of the intersection at 800 Westwood Blvd. This project will be complete when the curb, gutter, asphalt, water and sewer are finished. A development agreement has not been completed with Price City as of today. Mr. O’brien is unsure at this point what he will do with the property. He may not give the road that goes into the property back to the city and therefore may not need a development agreement. Westwood Boulevard portion of the project is already owned by Price City and will therefore need a development agreement for that section. Gary Sonntag has been working with Mr. O’brien on this project and is up to date with the details. Water and sewer line will be stubbed into the road that he is building right now. A favorable motion for a Conditional Use Permit Final was made by Ed Shook contingent on a development agreement with Price City.  Gary Lyon seconded the motion. Motion Carried.




Bert Christensen presented this request to sell used vehicles from his current business.  Bert sold his used car lot, (BJ Motors located at 1152 South Carbon Avenue) and would like to move the vehicles to his pawn shop location in order to keep his license. Commission concerns were regarding the right of way and whether or not cars would be parked in the Price City right of ways.

Ed Shook read, “Title 41 of the Utah State Code”- which requires a dealer to maintain a principal place of business not directly related to another business. There must be a separate office space for the car dealership. Cars would be parked in the driveway and in the front of the business.. Customers can park in front of building on the street but cannot display vehicles for sale on the street. The drawings provided by Mr. Christensen show 21’ in the driveway for parking but as the building official pointed out, approximately 7 feet of that is in the public right of way. This would cut down on his actual parking space. The state will inspect property and give him the regulations before an actual license is given. Parking on this street should be posted “parking on one side of street” if is not already.  Staff measured the right of way, there is not enough off street parking for the pawn shop. Mr. Christensen will display 3 or 4 cars a month for sale and only has display space for approximately 6. Cars must be parked on a hard surface and cannot be parked within city right of way. If there is future expansion, a hard surface will need to be placed where vehicles are to be parked. Jeanne McEvoy made the point of how difficult it will be to enforce all of the parking issues and the sale of vehicles because of the crowded situation. The pawn shop fits fine, although there is no off street parking, it’s not a well traveled road. The additional cars “for sale” that could be added would really congest the area. The business neighbors; Eastern Utah Produce and Frank’s Glass have both been contacted and approve the addition. The commission would like the building official to investigate this more to see if this request can be fulfilled based on the final state recommendation. Mr. Christensen is to contact Francis Duzenack when the state comes into town to inspect the property. A favorable motion to table this request was made by Ed Shook. Alfred Richens seconded the motion. Motion Carried.







Josh Atwood presented this request for a mechanical shop for vehicle motors, transmissions, transfer cases, motorcycles and 4 wheelers. This shop will only involve repair work and will not have body work or painting of vehicles. Staff has spoken to PRWID concerning the floor drains because this building is not equipped with a grease trap. PRWID has worked with Josh to plug the floor drains so nothing slips down drains into the sewer. Cleanup will be done with cleanup products in the proper manner.  PRWID has Josh using rubber seals to plug up the drains in the floor. Mr. Atwood primarily uses only cleaners such as brake cleaner. The cleaning table being used actually has a self drain that would drain into a 15 gallon drum. All oils will be professionally handled and picked up from MESA in safe containers. PRWID is satisfied with plugged drains and means of containing leaks. Staff recommends this request. Parking is sufficient and fencing is slatted and obscuring. The sign will be a 4 x 10, with a yellow and white background. The sign is a non-protruding vinyl sign and will be placed above the bay door. The building has lighting already in place and will not need lighting on the actual sign. A favorable motion for a Conditional Use Permit Business and Sign Final was made by Alfred Richens. Ed Shook seconded the motion. Motion Carried.




Dixon Morley presented this request. The project description and survey have been completed and all requirements have been met. A favorable motion for this Conditional Use Permit Subdivision Preliminary and Final was made by Penny Sampinos. Gary Lyon seconded  the motion. Motion carried.




T.H. Poloni presented this request. The Elkridge Subdivision plats are incorrect and now need to be amended. The 1939 plat actually shows a 100’ right of way and there is only 60’ right of way that is showing on the plat. This mistake has been overlooked by engineers until now. A few of Mr. Poloni’s subdivision lots had to be cut down. This amended plat meets all requirements to accommodate a roadway and the Elkridge Subdivision lots are now where they need to be to meet the 100’ right of way. Carbon County has sent a letter requesting the Price City Planning and Zoning Commission to not require street improvements at this time from Mr. Poloni, because of a future trail system that may be built on this road. There is not a decision as of yet as to which side of the road the trail may go on and the County would have to tear out any type of improvements of Mr. Poloni’s. The Planning and Zoning Commission needs to make a motion on the amended plat for the subdivision. Mr. Poloni will amend this existing plat and record a new plat to reflect the 100’ right of way. The deletion of the street improvements along fairgrounds road as requested by Carbon County will also need to be included in the amendment. Carbon County would then possibly be responsible for curb, gutter and sidewalk improvements for future development. A favorable motion for a Conditional Use Permit Amended Plat Final with the deletion of all road improvements on the south side of the road was made by Gary Lyon. Ed Shook seconded the motion. Motion Carried.




Ray Morley presented this request for a change of CD to an MD zone in the area of Price River Drive Business Park. In order to get the ¾ per acre required by the CD zone for the DMV Building, lots 4 and 5 would need to be combined together. The MD zone change requirements are different and do not require the 3/4 acres minimum lot. Mr. Morley has leased ground from Mrs. Lossee for additional parking behind the DMV building.


At this point in the meeting, Francis Potter and Clyde Grames had questions regarding the access into the Grames/Powell Cemetery that is behind lot#5.  Their concerns were not regarding any of the zone changes or construction that may occur with Ray Morleys proposal. Their concerns were based solely on the access in and out of the cemetery where their relatives are buried and is still used as an current active cemetery.  Mr. Morley has taken over the Whitemore Cemetery that is located near the Grames/Powell Cemetery and assured Mr. Grames and Mrs. Potter that the cemetery will not be impacted in any way and access will be left open. Another issue for the cemeteries is the weed control as they are growing wild around and throughout the active cemeteries. Staff recommended Mr. Grames and Ms. Potter to come to Building Department and City Council for all other information regarding weeds and street ownership.


The issue at hand needed to be the zone change final for Price River Drive Business Park. A favorable motion for a Conditional Use Permit Final was made by Alfred Richens. Penny Sampinos seconded the motion. Motion Carried.




Ray Morley presented this request for an amended plat. This is contingent on the zone change and once the zone change is approved by the City Council, then an amended plat will need to be prepared and submitted to the City Engineer. Lot 3 and 4 were combined to make a new lot 4 and lot 5 which is where the DMV is currently located. A favorable motion for a Conditional Use Permit Plat Amendment Final was made by Gary Lyon. Jeanne McEvoy seconded the motion. Motion Carried.



            550 E. 400 SO.-TKJ, INC.-PRICE GROUP HOME-JEFF HUNT

Jeff Hunt and Jim Jensen presented this request on behalf of TKJ, Inc. TKJ has several group homes within the Price city limits. This particular home has 3 people living in it and they would like a client extension to 4. Because this group home is within a ½ mile of another group home the commission cannot grant a variance on this item due to the existing ¾ proximity law within Price City. Mr. Jensen stated that the other group homes located in Price are all within the ¾ proximity law (showing the commission members on a plat) which would cut off areas around the other group homes and could very well be discriminatory towards people with disabilities. Gary Lyon wanted to know what type of people live in these group homes. Mr. Jensen said the tenants have cognitive disabilities with an I.Q. of under 70. Mr. Jensen mentioned that other cities were using the disabled card to erect large group homes, juvenile correction type facilities with 20-40 correctional type kids in a home. Mr. Jensen understands that it is a major concern, House Bill 107 this year tried to address the group home issues that are occurring in the state and Senator Hatch has done a good job in notifying local entities of this problem. The particular home in question has been in place for 11 years. In the early 90’s, they came to the Planning and Zoning meeting and were told they didn’t need a business license because it was a conditional use at that point. He said, most other cities have gone to placing group homes from a conditional use to a permitted use. Jeanne McEvoy said, when the code for Price City was created it was for behavioral problem homes and they didn’t want to see Price City have homes too close together with behavior type problems. She completely understands the homes are occupied by ordinary people with lower functioning levels of abilities. Jeanne had contacted the Chief of Police with  the question of how many problems had been reported from the people around the group homes. The Chief mentioned there had been a few “minor in nature” calls but nothing serious. These people cannot live alone and most are from local areas. There are 33-34 people currently in price area Mr. Jensen dispersed letters from neighbors in support of the group homes. He has received support from neighbors on the group homes and has had a lot of positive situations. He would like to keep the homes close to town for walking distance. Mr. Jensen feels they are being treated as a 250 person group home, the same as one in St. George when it comes to the licensing in the State of Utah. Mr. Jensen had previously checked with the Building Department on how many people can live under the same roof in one  in this zone. Francis replied that it’s not the amount or type of people living in the home- it’s the distance to another group home and the ¾ mile requirement in the Land Development Code been in place since the 70’s-its just too close. Mr. Jensen said there are currently 4 group homes evenly dispersed throughout the Price are: one on airport road, one in Carbonville and two within city limits. Jeff Hunt has been working with group homes for 18 years and has worked very hard to keep group homes apart from each other.  Gary Lyons questioned whether TKJ would be adding more people to the Price Community or just distributing more to each home? Mr. Jensen stated, they are adding one more person to each of the homes. Once a group home jumps from 3 to 4 people, the rules change. Three people would not be classified as a group home under definition of state law. But once the forth person is added it then goes into a category of “group home” and requires staff to be a licensed home and have a Conditional Use Permit. This additional person cannot be added to an existing group home because they would already have four people and it would take those homes into another level. Mr. Jensen feels the smaller group homes are better in neighborhoods. State law says, he could buy a home next to an existing group home, but that would not keep the homes in Price dispersed enough. Jeanne McEvoy mentioned these people are in the community at all times and go about as regular citizens. These people are raised by families in our community and then families have opted to have this sort of special care in order to keep them in the community with a better quality of life. Jeanne feels very strongly that this is not a negative impact and not to be afraid of the services offered. The group home provides jobs for 30 people in our community caring for these people as well as the people in the group homes with jobs in the community.  Mr. Jensen would hate to see the attorneys get involved, if it means a code change. (based on other cities going through lawsuits: Sandy City, Clinton, Salt Lake City and Ogden ). He would much rather see an effort between the disability law center and Nick Sampinos to get the code changed to meet with the Fair Housing Act. Alfred Richens asked if the code states the commission can make a variance and Francis said no, the best solution is to request a change in the code. The limitations of state law doesn’t really fit to even have a Board of Adjustments variance. Mr. Jensen told Francis that SLC changed their codes pretty quickly, the City of Clinton was forced to change their code and Sandy City changed their code. The changes come by making group homes a permitted use with certain limitations and he didn’t know if proximity was in there. Ogden City is struggling with proximity because of a two block area in Ogden that averages an income of $20,000 and below with a surrounding area that includes: a Juvenile Corrections group home, a disability group home, a half-way house and a sex offender home all in one area. Mr. Jensen then showed the commission the ¾ mile group home radius on the plat, a group discussion of various items took place between commission and representatives. Mr. Jensen feels they are being compared with mental health. Ed Shook and Alfred Richens feel the commission is sympathetic to the group homes but the commission is sworn to uphold the code. There is a paragraph in Chapter 8 of the Land Development Code book, pointed out by Ed Shook, that states, “ discrimination against person with a disability and against residential facilities for person with a disability is prohibited.” Commission doesn’t have a problem with group homes or the type of people that group homes deal with- it is a non-issue. The commission has to follow the law as it is written now and cannot override the law. The City Council would have to direct the City Attorney to change the code.

Ed Shook went over the law with Mr. Jensen, asking the following questions:

Does the group home provide 24 hour supervision?-yes and staff sleep there at night.

Do you have a committee to receive complaints?- Jeff Hunt receives and deals with all problems. Do any of the people drive themselves? No- and there are never more than 2 staff parking at a time. None of the clients use alcohol or drugs and are not violent. People living in group homes are there on a voluntary basis and each have their own room. Inspections from the Health Department and Fire Department have been provided. Group homes are funded by the state and Medicaid dollars. The commission cannot forward a recommendation and will need to table this item and let the City Attorney research it.  The deadline for this information is Sept. 30th for TKJ but, he may be able to get an extension. Jeanne McEvoy will inform the City Council of this matter but the Council cannot act without speaking with City Attorney. Mr. Jensen has already spoken with Mayor Piccolo and Nick Sampinos keeping them up to date on various items involving group homes. A favorable motion to table this request was made by Alfred Richens with referral to the City Attorney. Gary Lyon seconded the motion. Motion Carried.



            870 N. 300 E.-TKJ, INC.-PRICE GROUP HOME-JEFF HUNT

Jeff Hunt and Jim Jensen presented this request. All requirements have been met and needs to have the Health and Fire Department inspections completed.  Jeff Hunt has already scheduled  the inspections and will bring the Building Department a copy when completed. This home has always been a licensed home and will remain a four resident home. One of the requirements in the Office of Licensing requires a Conditional Use Permit and business license. It has been licensed for four residents since day of opening. Parking is adequate. Its up for renewal by Sept. 30th. A copy of the state license for file will need to go the Building Department. A favorable motion for a Conditional Use Permit Final was made by Ed Shook contingent on passing the Health and Fire Inspections and adding a copy of the current and old state licenses to the business license application. Gary Lyon seconded the motion. Motion Carried.



Nick Tatton prepared the commission with information on upcoming developments on airport road.


There were no further items on the agenda and Gary Lyon moved to adjourn. The meeting adjourned at    7 :45 P.M.






Larry Bruno, Chairman






Laurie Tryon, Secretary